Prison Phone Justice

Federal Communications Commission

DA 21-1297

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Rates for Interstate Inmate Calling Services

)
)
)

WC Docket No. 12-375

ORDER
Adopted: October 15, 2021

Released: October 15, 2021

Reply Comment Date in response to the 2021 ICS Further Notice: December 17, 2021
By the Chief, Wireline Competition Bureau:
I.

INTRODUCTION

1.
By this Order, the Wireline Competition Bureau (Bureau) of the Federal Communications
Commission grants in part and denies in part a motion filed by Global Tel*Link Corporation (GTL)
seeking extensions of time for (1) filing Paperwork Reduction Act (PRA) comments on new information
collection requirements adopted in the 2021 ICS Order currently due October 25, 2021, (2) reply
comments in response to the 2021 ICS Further Notice, currently due October 27, 2021, and (3) comments
and reply comments regarding the Third Mandatory Data Collection, currently due November 4 and
November 19, 2021.1 In view of GTL’s Extension Request and the record developed in response to it, we
grant an extension of time to file reply comments in response to the 2021 ICS Further Notice and deny
GTL’s other extension requests as set forth below. As a result, reply comments in response to the 2021
ICS Further Notice are now due on December 17, 2021. All other comment and reply comment deadlines
in this proceeding remain unchanged.
II.

BACKGROUND

2.
On May 24, 2021, the Commission released the ICS Third Report and Order, Order on
Reconsideration, and Fifth Further Notice of Proposed Rulemaking in this proceeding. In the 2021 ICS
Order, the Commission adopted various rules, some of which require approval from the Office of
Management and Budget (OMB) under the PRA.2 On August 25, 2021, the Federal Register published a
notice setting a comment date of October 25, 2021 on the rules adopted in the 2021 ICS Order that
require OMB approval under the PRA.3
3.
The 2021 ICS Further Notice set deadlines for filing comments and reply comments at 30
and 60 days, respectively, after a summary of the item was published in the Federal Register.4 The
Federal Register published that summary on July 28, 2021, establishing an August 27, 2021 comment
1

Global Tel*Link Corporation, Motion for Extension of Time to File PRA Comments, FNPRM Reply Comments,
and Comments on Third Mandatory Data Collection, WC Docket No. 12-375, at 1 (filed Oct. 06, 2021) (GTL
Extension Request); see Rates for Interstate Inmate Calling Services, WC Docket No. 12-375, Third Report and
Order, Order on Reconsideration, and Fifth Further Notice of Proposed Rulemaking, FCC 21-60 (2021) (2021 ICS
Order or 2021 ICS Further Notice).
2
3

See generally 2021 ICS Order.

Federal Communications Commission, Information Collection Being Reviewed by the Federal Communications
Commission, 86 Fed. Reg. 47496 (Aug. 25, 2021).

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DA 21-1297

deadline and a September 27, 2021 reply comment deadline. In response to a prior motion for extension
of time, the Bureau released an order extending those deadlines to September 27, 2021 and October 27,
2021, respectively.5
4.
As part of the 2021 ICS Order, the Commission also adopted a Third Mandatory Data
Collection.6 The Commission directed WCB and the Office of Economics and Analytics (collectively
WCB/OEA) to develop instructions and a template for the data collection to be submitted to OMB for its
approval under the PRA no later than 90 days after the 2021 ICS Order becomes effective.7 As the 2021
ICS Order will be effective on October 26, 2021, WCB/OEA must submit a template and instructions to
OMB no later than January 24, 2022. On September 22, 2021, WCB/OEA released a public notice
seeking comment on the proposed instructions, a template, and certification forms for the Third
Mandatory Data Collection.8 The Third MDC Public Notice set the comment deadline at 30 days after the
date of publication in the Federal Register and the reply comment deadline at 45 days after the date of
publication in the Federal Register.9 The Federal Register published a summary of the public notice on
October 5, 2021 and established deadlines of November 4, 2021 for comments and November 19, 2021
for reply comments on the Third MDC Public Notice.10
5.
On October 6, 2021, GTL filed its Extension Request, seeking to extend the filing
deadlines for (1) PRA comments for the new information collection requirements adopted in the 2021 ICS
Order from October 25, 2021 to November 8, 2021; (2) reply comments on the 2021 ICS Further Notice
from October 27, 2021 to November 17, 2021; and (3) comments and reply comments on the Third
Mandatory Data Collection from November 4, 2021 and November 19, 2021 to November 24, 2021 and
December 9, 2021, respectively.11 GTL explains that it is “in the process of implementing the interim
rates, ancillary service charges, and other changes” adopted in the 2021 ICS Order that will become
effective October 26, 2021.12 GTL highlights that the October 26 implementation deadline in conjunction
with the other comment deadlines present a “perfect storm” of deadlines and argues that “changing only
one comment date will just continue to perpetuate the problem given the successive comment
deadlines.”13 GTL submits that its extension requests are in the public interest because they would allow
GTL and other providers to focus on the October 26, 2021 implementation deadline while allowing
5

Rates for Interstate Inmate Calling Services, WC Docket No. 12-375, Order, DA 21-978 (WCB Aug. 10, 2021)
(Fifth FNPRM Extension Order).
6

2021 ICS Order at 100-04, paras. 218-27.

7

Id. at 104, para. 227. We interpret this reference to the effective date of the 2021 ICS Order as referring to the
effective date of the rules not requiring OMB approval under the PRA. That effective date is October 26, 2021. See
Federal Communications Commission, Rates for Interstate Inmate Calling Services, 86 Fed. Reg. 40862 (July 28,
2021).
8

Wireline Competition Bureau and Office of Economics and Analytics Seek Comment on Upcoming Third
Mandatory Data Collection for Inmate Calling Services, WC Docket No. 12-375, DA 21-1192 (WCB/OEA Sept.
22, 2021) (Third MDC Public Notice).
9

Id.

10

Federal Communications Commission, Rates for Interstate Inmate Calling Services, 86 Fed. Reg. 54897 (Oct. 05,
2021) (Third MDC Federal Register Notice). Separately, on October 5, 2021, the Federal Register published a
notice seeking comment on the new information collection requirements associated with the Third Mandatory Data
Collection for purposes of the PRA and setting a comment deadline of December 6, 2021. See Federal
Communications Commission, Information Collection Being Reviewed by the Federal Communications
Commission, 86 Fed. Reg. 54970 (Oct. 5, 2021). GTL’s Motion does not address this deadline.
11

See GTL Extension Request at 6.

12

Id. at 3-4.

13

Id. at 4-5.

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DA 21-1297

stakeholders time to evaluate the information submitted in initial comments on the 2021 ICS Further
Notice and to respond to the questions in the Third MDC Public Notice.14 GTL explains that the National
Sheriffs’ Association, Securus Technologies, Pay Tel Communications, and NCIC Inmate
Communications do not oppose its extension requests and that several advocacy groups support extending
the reply comment deadline on the 2021 ICS Further Notice to December 10, 2021.15 GTL notes that the
Prison Policy Initiative does not support extending that reply comment deadline but does not object to
extending the PRA comment deadline and the deadlines on the Mandatory Data Collection.16
6.
On October 8, 2021, the Wright Petitioners, Benton Institute for Broadband & Society,
Free Press, New America’s Open Technology Institute, Public Knowledge, and the United Church of
Christ, OC Inc. (the Public Interest Parties) filed a reply to GTL’s Extension Request.17 The Public
Interest Parties support extending the deadline to file reply comments in connection with the 2021 ICS
Further Notice but oppose GTL’s request for extensions of the PRA and Third Mandatory Data
Collection deadlines.18 The Public Interest Parties also propose further extending the deadline for reply
comments on the 2021 ICS Further Notice to December 17, 2021, arguing that such an extension “will
allow interested parties to fully evaluate and respond to issues raised in the comments while also
submitting PRA and Third Mandatory Data Collection comments.”19 The Public Interest Parties
emphasize that “[g]iven the importance of obtaining updated cost data as soon as possible . . . it is critical
that the Third Mandatory Data Collection is finalized ‘not later than 90 days’ after the effective date of
the 2021 ICS Order, as required by the Commission” and argue that extending deadlines related to the
Third Mandatory Data Collection “is unnecessary, could harm the public interest, and risks delaying the
collection itself.”20
III.

DISCUSSION

7.
As set forth in section 1.46 of the Commission’s rules, it is the policy of the Commission
that extensions of time shall not be routinely granted.21 However, extensions may be considered “to the
extent that good cause for an extension is demonstrated.”22 The criteria for granting requests for
extensions of time “are that the extension be in the public interest, cause no harm to any party in the
proceeding, and cause no significant delay.”23 The Commission has previously found that an extension of
time is warranted when it is “necessary to ensure that the Commission receives full and informed
responses and that affected parties have a meaningful opportunity to develop a complete record for the
Commission’s consideration.”24
14

Id. at 5.

15

Id. at 2.

16

Id. at 2.

17

Public Interest Parties Reply to GTL Motion for Extension of Time, WC Docket No. 12-375 (filed Oct. 8, 2021).
(Public Interest Parties Reply).
18

Id. at 1.

19

Id. at 2.

20

Id. at 2.

21

47 CFR § 1.46.

22

See, e.g., Audio Enterprises, Inc. Apparent Liability for Forfeiture, File No. ENF-88-04, Order, 3 FCC Rcd 5402,
para. 2 (Com. Car. Bur. 1988).
23

Id.

24

See, e.g., Wireless E911 Location Accuracy Requirements, PS Docket No. 07-114, Order, 35 FCC Rcd 193, 194,
para. 3 (PSHSB 2020); see also Protecting Against National Security Threats to the Communications Supply Chain
Through FCC Programs, WC Docket No. 18-89, Order, 35 FCC Rcd 2998, 2999 para. 6 (WCB & OEA 2020).

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DA 21-1297

8.
Here, we find good cause to extend the deadline to file reply comments in response to the
2021 ICS Further Notice, as proposed by both GTL and the Public Interest Parties. As an initial matter,
we are sensitive to GTL’s concern that the flow of implementation and comment deadlines in this
proceeding create a “perfect storm” that, without some adjustment, would make it difficult for GTL and
other parties to meaningfully participate in each comment process.25 We appreciate what appears to be
the unanimous support of interested parties for the goal of more fully developing the record in this
proceeding.26 By moving the deadline to file reply comments on the 2021 ICS Further Notice to well
after both the deadline for reply comments on the Third MDC Public Notice and the December 6, 2021
deadline for PRA comments on the Third Mandatory Data Collection, we are persuaded that all interested
parties will be granted sufficient time to meaningfully respond to each of the relevant deadlines.
Accordingly, we extend the deadline to file reply comments in response to the 2021 ICS Further Notice to
December 17, 2021.
9.
However, we do not find good cause to extend the deadline for commenting on the
paperwork implications of the consumer disclosure requirements and requirements for providers seeking
waiver of the Commission’s rate cap and ancillary charge fee caps adopted in the 2021 ICS Order.27
Parties have known that those requirements would be subject to OMB approval since the Commission
released the 2021 ICS Order on May 24, 2021. Accordingly, we believe there has been ample time to
consider the paperwork implications of those requirements, and no party has provided an explanation as
to why an extension of this deadline would be reasonable or in the public interest in light of that fact. We
find especially meaningful the fact that an extension of this deadline would only delay the effective date
of the information collection requirements adopted in the 2021 ICS Order. The consumer disclosure
requirements, for example, are grounded in the “strong public interest in facilitating greater transparency”
with respect to inmate calling services rates for incarcerated people and their loved ones who “ultimately
bear the burden of these payments.”28 As such, we conclude that an extension of this deadline would not
serve the public interest.
10.
We also do not find good cause to delay deadlines associated with the Third Mandatory
Data Collection. As the Commission explained in the 2021 ICS Order, the Third Mandatory Data
Collection “is essential to enable [it] to adopt permanent interstate and international rate caps,” and that
“the benefits of conducting a third collection far outweigh any burden on providers.”29 GTL’s proposal to
extend the comment deadline risks delaying the Third Mandatory Data Collection. Moreover, delaying
these comment deadlines could endanger the Commission-established January 24, 2022 deadline for
WCB/OEA to submit the template and instructions for the Third Mandatory Data Collection to OMB, as
any delays in these comment deadlines would significantly limit the time WCB/OEA have to review the
comments prior to the January 24, 2022 deadline or alternatively would result in adversely delaying the
submission of the data collection to OMB. In light of the clear importance and time constraints of the
Third Mandatory Data Collection, we conclude that GTL has not shown good cause to extend these
deadlines nor would it serve the public interest to do so.
11.
On balance, we conclude that extending the reply comment deadline for the 2021 ICS
Further Notice to December 17, 2021 will provide interested parties the time needed to participate in each
25

GTL Extension Request at 4-5.

See id. at 5 (explaining that “[t]ime for further review and discussion of these important issues also will enable
GTL and other commenters to provide a more complete factual and legal record in this proceeding.”); Public Interest
Parties Reply at 3 (highlighting the need to ensure affected parties have a meaningful opportunity to develop a
complete record).
26

27

See 2021 ICS Order at 166-67, Appx. A.

28

Id. at 72, para. 162.

29

Id. at 101-02, para. 221.

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DA 21-1297

comment or reply cycle as desired without unnecessarily impeding or delaying the Third Mandatory Data
Collection or implementation of the transparency rules.
IV.

ORDERING CLAUSES

12.
Accordingly, IT IS ORDERED, pursuant to sections 0.204, 0.291, and 1.46 of the
Commission’s rules, 47 CFR §§ 0.204, 0.291, 1.46, that the Motion for Extension of Time filed by GTL
on October 7, 2021 is GRANTED IN PART and DENIED IN PART as described herein.
13.
IT IS FURTHER ORDERED that the date for filing reply comments on the 2021 ICS
Further Notice is EXTENDED to December 17, 2021.
14.
To request materials in accessible formats (such as Braille, large print, electronic files, or
audio format), send an email to: fcc504@fcc.gov, or call the Consumer and Governmental Affairs Bureau
at (202) 418-0530 (voice) or (202) 418-0432 (TTY).
15.
For further information concerning this Order, please contact Simon Solemani of the
Wireline Competition Bureau, Pricing Policy Division, at (202) 418-2270 or simon.solemani@fcc.gov.
FEDERAL COMMUNICATIONS COMMISSION

Kris Anne Monteith
Chief
Wireline Competition Bureau

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