Incarcerated People's Communications Services (IPCS) 2023 Mandatory Data Collection, WC Docket Nos. 23–62, 12–375, DA 23-638

Forms and Documents

Document Name	Status
2023 MDC Final Supporting Statement_8.1.23.docx Supporting Statement A	2023-08-01

IC Document Collections

IC ID	Document Title	Status
261050	Business or other for profit Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202307-3060-010
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: FCC	Agency Tracking No: WCB
Title: Incarcerated People's Communications Services (IPCS) 2023 Mandatory Data Collection, WC Docket Nos. 23–62, 12–375, DA 23-638
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/01/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	30	0
Time Burden (Hours)	7,950	0
Cost Burden (Dollars)	0	0

---

Abstract: On March 17, 2023, the Commission released the 2023 IPCS Order (FCC 23-19), in which it began the process of implementing the Martha Wright-Reed Just and Communications Act of 2022, which directs the Commission to promulgate any regulations implementing the provisions of the Act, including its mandate that the Commission establish a compensation plan ensuring that all rates and charges for incarcerated people's communications services (IPCS) are "just and reasonable," not earlier than 18 months and not later than 24 months after its January 5, 2023 enactment. The Act gives the Commission authority to enact rates and charges for voice, video, and advanced communications between incarcerated people and their families and loved ones, including communications within a state's borders. Previously, the Commission had authority only over interstate and international voice calls. To ensure that it has the data needed to meet the Commission's responsibilities under the Act, the Wireline Competition Bureau (WCB) and the Office of Economics and Analytics (OEA) must "update and restructure" the Commission's most recent mandatory data collection, OMB Control No. 3060-1300. The Commission delegated authority to WCB and OEA to collect data on IPCS from all providers now subject to the Commission's authority. WCB/OEA developed proposals for the 2023 Mandatory Data Collection and issued a Public Notice on April 28, 2023 seeking comments on all aspects of the proposed revisions to the collection. After considering all filings, the Commission released an Order adopting the instructions, reporting template, and certification form to implement the collection.

---

Authorizing Statute(s): US Code: 47 USC 218, 220, 225, 255, 276, 403 Name of Law: Communications Act, as amended
   US Code: 47 USC 617, 716 Name of Law: Communications Act, as amended
   US Code: 47 USC 151, 152, 154(i-j), 155(c) Name of Law: Communications Act, as amended
   US Code: 47 USC 1, 2,4(i) - 4(j),5(c), 201(b), Name of Law: Communications Act, as amended
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AK08	Final or interim final rulemaking	88 FR 19001	03/30/2023

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 27885	05/03/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 50151	08/01/2023
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Business or other for profit	FCC 2303(a), FCC Form 2303(b), FCC 2303(a)	2023 IPCS MDC Word Template ,   2023 IPCS MDC Certification Form ,   2023 IPCS MDC Excel Template

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	30	0	0	30	0	0
Annual Time Burden (Hours)	7,950	0	0	7,950	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new information collection resulting in a program change/increase of 30 respondents, 30 responses, and 7,950 annual burden hours. These estimates will be added to OMB’s Active Inventory. This information collection is necessary because the Martha Wright-Reed Act contemplates an additional data collection by requiring or allowing the Commission to consider certain types of other costs necessary to its implementation. Prior to the enactment of the Martha Wright-Reed Act, the Commission had sought provider data related to audio communications services provided to incarcerated persons on three occasions, as part of its ongoing efforts to establish just and reasonable rates for those services, while ensuring that providers are fairly compensated for such services. To ensure that it will have the data it needs to meet its substantive and procedural responsibilities under the Act, the Commission delegated authority to WCB and OEA to “update and restructure” its most recent data collection (the Third Mandatory Data Collection) “as appropriate in light of the requirements of the new statute.” This delegation requires that we collect “data on all incarcerated people’s communications services from all providers of those services now subject to” the Commission’s authority, including, but not limited to, requesting “more recent data for additional years not covered by the [Third Mandatory Data Collection].

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/01/2023

---