Da 23-656

PUBLIC NOTICE
Federal Communications Commission
45 L Street NE
Washington, DC 20554

News Media Information 202 / 418-0500
Internet: https://www.fcc.gov

DA 23-656
Released: August 3, 2023
WIRELINE COMPETITION BUREAU AND CONSUMER GOVERNMENTAL
AFFAIRS BUREAU SEEK COMMENT ON REVISIONS TO PROVIDERS’ ANNUAL
REPORTING AND CERTIFICATION REQUIREMENTS
WC Docket Nos. 23-62, 12-375
Comment Date: [30 days after publication in the Federal Register]
Reply Comment Date: [45 days after publication in the Federal Register]
By this Public Notice, the Wireline Competition Bureau (WCB) and the Consumer and
Governmental Affairs Bureau (collectively, the Bureaus) seek comment on proposed revisions to the
instructions and templates for the Annual Reports and Annual Certifications that the Commission requires
certain providers of incarcerated people’s communications services (IPCS) to submit. 1 IPCS providers
that are classified as inmate calling services (ICS) providers under the Commission’s rules are required to
make these filings to enable the Commission to monitor and track trends in the IPCS marketplace,
increase provider transparency, and ensure compliance with the Commission’s rules. 2 In issuing this
Public Notice, we propose changes to reflect expanded reporting requirements regarding access to IPCS
by persons with communication disabilities, including Telecommunications Relay Service (TRS) access, 3
and the addition of video IPCS data necessary to help implement the Martha Wright-Reed Just and
Reasonable Communications Act of 2022 (Martha Wright-Reed Act or Act). 4

47 CFR § 64.6060(a)-(b); Rates for Interstate Inmate Calling Services, WC Docket No. 12-375, Fourth Report and
Order and Sixth Further Notice of Proposed Rulemaking, FCC 22-76, Appx. B (Final Rules), at 80, § 64.6060(a)(5)(7) (Sept. 30, 2022) (2022 ICS Order). Amendments to section 64.6060(a)(5)-(7) will not become effective until the
Office of Management and Budget (OMB) completes any review that the Bureaus determine is required under the
Paperwork Reduction Act (PRA), and the Bureaus provide an effective date by subsequent Public Notice.
1

With the Martha Wright-Reed Act’s expansion of the Commission’s authority beyond calling services to include
all audio and video communications services used by incarcerated people, the Commission no longer uses the phrase
“inmate calling services” and instead uses the term “incarcerated people’s communications services” or “IPCS” to
refer to these broader service offerings. Incarcerated People’s Communications Services; Implementation of the
Martha Wright-Reed Act; Rates for Interstate Inmate Calling Services, WC Docket Nos. 23-62, 12-375, Notice of
Proposed Rulemaking, at 32, para. 80 (2023); Martha Wright-Reed Just and Reasonable Communications Act of
2022, Pub. L. No. 117-338, 136 Stat. 6156 (Martha Wright-Reed Act or Act); 47 CFR § 64.6000(s); Rates for
Interstate Inmate Calling Services, WC Docket No. 12-375, Second Report and Order and Third Further Notice of
Proposed Rulemaking, 30 FCC Rcd 12763, 12769, 12891-92, paras. 9, 267-68 (2015) (2015 ICS Order); see also 47
CFR §§ 64.6000(j), 64.6060(a). For ease of reference, we refer to carriers required to make these filings as
“providers” throughout this Public Notice.
2

3

See 2022 ICS Order at 24-26, paras. 47-52. The ICS communication disabilities access rules adopted in the 2022
ICS Order did not become effective in time to implement changes to the 2023 Annual Report and Certifications.

4

Martha Wright-Reed Act; 47 U.S.C. §§ 152(b), 153(1)(E), 276(b)(1)(A), (d).

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In 2015, pursuant to delegated authority, 5 WCB created standardized reporting templates (FCC
Form 2301(a)) 6 for the Annual Report and a related certification of accuracy (FCC Form 2301(b)), as well
as instructions to guide providers through the reporting process. 7 WCB amended the instructions,
reporting templates, and certification form in 2020 in order to improve the type and quality of the
information collected. 8 In 2022, WCB again amended the instructions, reporting templates, and
certification form to reflect significant reforms to the ICS rules adopted in the 2021 ICS Order, including
lower interim rate caps for interstate ICS calls, new interim rate caps for international ICS calls, and a rate
cap structure that requires ICS providers to differentiate between legally mandated and contractually
required site commissions. 9
Subsequent developments now require additional changes to the instructions, reporting templates,
and certification form. In the 2022 ICS Order, the Commission adopted requirements to improve access
to communications services for incarcerated people with communication disabilities and expanded the
scope of the Annual Reports to reflect those new requirements. 10 Specifically, the Commission required
ICS providers to list, at a minimum, for each facility served, the types of TRS that can be accessed from
the facility and the number of completed calls and complaints for TTY-to-TTY calls, American Sign
Language (ASL) point-to-point video calls, and each type of TRS for which access is provided. 11 The
Commission also eliminated the safe harbor, adopted in 2015, that had exempted providers from any
TRS-related reporting requirements if they either (1) operated in a facility that allowed the offering of
additional forms of TRS beyond those mandated by the Commission or (2) had not received any

5

2015 ICS Order, 30 FCC Rcd at 12891-92, paras. 267-68.

6

FCC Form 2301(a) is comprised of an Excel template and a Word template.

7

See generally ICS Annual Reporting Form Word Template (Appx. A) (Current), WC Docket No. 12-375
https://www.fcc.gov/general/ics-data-collections (last visited Aug. 2, 2023) (Word Template); ICS Annual
Reporting Form Excel Template (Appx. B) (Current), WC Docket No. 12-375, https://www.fcc.gov/general/icsdata-collections (last visited Aug. 2, 2023) (Excel Template); ICS Annual Reporting and Certification Instructions
(Current), WC Docket No. 12-375 https://www.fcc.gov/general/ics-data-collections (last visited Aug. 2, 2023)
(Instructions) (Certification Instructions); ICS Annual Report Certification Form (Appx. C) (Current), WC Docket
No. 12-375, https://www.fcc.gov/general/ics-data-collections (last visited Aug. 2, 2023) (Certification Form).
8

See Wireline Competition Bureau Announces OMB Renewal of Information Collection Concerning Inmate Calling
Services, WC Docket No. 12-375, Public Notice, 35 FCC Rcd 1456 (WCB Feb. 19, 2020).

9

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, 36 FCC Rcd 9519 (2021) (2021 ICS Order).
The reforms also included expanded consumer disclosure requirements, as well as new reporting requirements for
ICS providers seeking waiver of the Commission’s interstate and international rates. On December 15, 2021, WCB
released a Public Notice proposing to implement the reforms adopted in the 2021 ICS Order. See Wireline
Competition Bureau Seeks Comment on Revisions to Annual Reporting and Certification Requirements for ICS
Providers, WC Docket No. 12-375, Public Notice, DA 21-1583 (WCB Dec. 15, 2021). After considering the
comments and replies submitted in response to the Public Notice, WCB released the Annual Reports Adoption Order
on June 24, 2022, revising the instructions, reporting template, and certification of accuracy. Rates for Interstate
Inmate Calling Services, WC Docket No. 12-375, Order, DA 22-676 (WCB June 24, 2022).

10

See 2022 ICS Order passim; 47 CFR § 64.6040(b) (adopting expanded access requirements for incarcerated
persons with communication disabilities). Among the numerous reforms, the Commission required all ICS
providers to provide access to all relay services eligible for TRS Fund support in any facility where broadband is
available and where the average daily population incarcerated in that jurisdiction (i.e., in that city, county, state, or
the United States) totals 50 or more persons. See 2022 ICS Order at 3, para. 3. The Commission also adopted
targeted reforms to lessen the financial burden on incarcerated people and their loved ones when using calling
services. Id. at 3, para. 4.
11

2022 ICS Order at 24, para. 48.

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complaints related to TRS calls. 12 The Commission found that the safe harbor was no longer appropriate
given the expanded reporting requirement for additional forms of TRS, and the importance of
transparency regarding the state of accessible communications in incarceration settings. 13 The
Commission delegated authority to the Bureaus to implement the expanded reporting obligations and to
develop a reporting form that will most efficiently and effectively elicit the required information. 14
On January 5, 2023, the President signed into law the Martha Wright-Reed Act, which expanded
the Commission’s statutory authority over communications between incarcerated people and the nonincarcerated, including “any audio or video communications service used by inmates . . . regardless of
technology used.” 15 The new Act also amends section 2(b) of the Communications Act of 1934, as
amended (the Communications Act), to make clear that the Commission’s authority extends to intrastate
as well as interstate and international communications services used by incarcerated people. 16
The Act directs the Commission to “promulgate any regulations necessary to implement” the Act,
including its mandate that the Commission establish a “compensation plan” ensuring that all rates and
charges for IPCS “are just and reasonable,” not earlier than 18 months and not later than 24 months after
the Act’s January 5, 2023 enactment date. 17 The Act also requires the Commission to consider, as part of
its implementation, the costs of “necessary” safety and security measures, as well as “differences in costs”
based on facility size, or “other characteristics.” 18 It also allows the Commission to “use industry-wide
average costs of telephone service and advanced communications services and the average costs of
service of a communications service provider” in determining just and reasonable rates. 19
Pursuant to the directive that the Commission implement the new Act and establish just and
reasonable rates for IPCS services, the Commission released the 2023 IPCS Notice, seeking comment on
how to interpret the Act’s language to ensure that the Commission implements the statute in a manner that
fulfills Congress’s intent. 20 Because the Commission is now required or allowed to consider certain types
of costs, the Act contemplates that it would undertake an additional data collection. 21 To ensure that it
has the data necessary to meet its substantive and procedural responsibilities under the Act, the
Commission adopted the 2023 IPCS Order delegating authority to WCB and the Office of Economics and
Analytics (OEA) to modify the template and instructions for the most recent data collection to the extent
appropriate to timely collect such information to cover the additional services and providers now subject
12

Id. at 25, para. 51 (citing the 2015 ICS Order, 30 FCC Rcd at 12883, para. 246). A provider that fell within the
safe harbor was required to include a certification from an officer of the company stating which prong(s) of the safe
harbor it had met. 2022 ICS Order at 25, para. 51.

13

2022 ICS Order at 25, para. 51.

14

Id. at 26, para. 52.

15

Martha Wright-Reed Act § 2(a)(2), (b).

16

Id. § 2(c).

17

Id. §§ 2, 3(a); 47 U.S.C. § 276(b)(1)(A).

18

Martha Wright-Reed Act § 3(b)(2).

19

Id. § 3(b)(1).

20

Incarcerated People’s Communications Services; Implementation of the Martha Wright-Reed Act, Rates for
Interstate Inmate Calling Services, WC Docket Nos. 23-62, 12-375, Notice of Proposed Rulemaking and Order,
FCC 23-19 (Mar. 17, 2023) (2023 IPCS Notice or 2023 IPCS Order).

21

2023 IPCS Order at 33-34, paras. 84-85; Wireline Competition Bureau and Office of Economics and Analytics
Seek Comment on Proposed 2023 Mandatory Data Collection for Incarcerated People’s Communication Services,
WC Docket Nos. 23-62, 12-375, Public Notice, DA 23-355 at 2 (WCB/OEA Apr. 28, 2023) (2023 IPCS Mandatory
Data Collection Public Notice).

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to the Commission’s authority. 22 On July 26, 2023, WCB and OEA released an Order adopting
instructions, a reporting template, and a certification form to implement the 2023 Mandatory Data
Collection. 23
In the 2023 IPCS Order, the Commission also reaffirmed and updated its prior delegation of
authority to the Bureaus to revise the instructions and reporting templates for the Annual Reports. 24
Specifically, the Commission delegated to the Bureaus authority to modify, supplement, and update the
instructions and templates for the Annual Reports, as appropriate to supplement the information the
Commission will receive in response to the 2023 Mandatory Data Collection. 25
Below, we seek comment on our proposed revisions to the Annual Report instructions, templates,
and certification form, which are necessary to reflect the revised disability access rules adopted in the
2022 ICS Order and to help implement the Martha Wright-Reed Act to ensure just and reasonable rates
for consumers and fair compensation for providers. 26
I.

OVERALL STRUCTURE OF THE ANNUAL REPORTING AND CERTIFICATION
REQUIREMENTS

Pursuant to our delegated authority, we propose to revise the Annual Report instructions,
templates, and certification form to be consistent with the Commission’s 2022 amendments to the annual
reports rule 27 and to include the additional services now subject to the Commission’s authority under the
Martha Wright-Reed Act. 28 We also propose minor improvements based on our experience reviewing
prior Annual Reports, which has persuaded us that revised instructions would help providers better
understand the requirements, making the submitted reports more useful to the Commission and
consumers. As a general matter, we propose to maintain the existing Excel-format template and Wordformat template for the Annual Reports to better separate individual data items from narrative responses
and seek comment on this proposal. We also seek comment on these proposed revisions, generally, and
on the specific structure, content, and format of the proposed templates and instructions attached hereto.
We likewise propose minor revisions to the certification form. Are there other general changes or
additions we should make to gather better or more accurate data or to make the instructions clearer? Is
there additional information that we should require providers to submit to enable the Commission to
better monitor compliance and industry trends, or increase transparency to the public? Conversely, are
22

2023 IPCS Order at 33-34, paras. 84-85.

23

Incarcerated People’s Communications Services; Implementation of the Martha Wright-Reed Act; Rates for
Interstate Inmate Calling Services, WC Docket Nos. 23-62, 12-375, Order, DA 23-638 (July 26, 2023) (2023 IPCS
Mandatory Data Collection Order).
24

2023 IPCS Order at 34, para. 86.

25

Id.; see 2023 IPCS Mandatory Data Collection Public Notice (seeking comment on the proposed mandatory data
collection for IPCS).
26

As in the 2023 IPCS Mandatory Data Collection Order, we do not seek comment in this proceeding on issues
raised by the Commission in the 2023 IPCS Notice. See 2023 IPCS Mandatory Data Collection Order at 3-4, para.
9 & n.20; 2023 IPCS Mandatory Data Collection Public Notice at 2. Comments submitted in response to this
Public Notice should not contain advocacy regarding such issues, including how the Commission should interpret
the language of the Martha Wright-Reed Act, the appropriate rates for video IPCS, or the appropriate treatment of
site commissions. Should the Commission decide in adopting rules implementing the Martha Wright-Reed Act that
future annual reports should collect different information, the Bureaus will revise the instructions and templates
accordingly in future years.
27

2022 ICS Order at 24-26, paras. 47-52; id., Appx. B at 80, § 64.6060(a)(5)-(7).

28

2023 IPCS Notice; Martha Wright-Reed Act; 47 U.S.C. §§ 152(b), 153(1)(E), 276(b)(1)(A), (d). These revised
instructions and the associated templates, if adopted, will consolidate and supplant the instructions and templates for
earlier iterations of the Annual Report instructions, templates, and certification forms.

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there any proposed instructions, inquiries, or data fields that should be removed because they are
unnecessary to ensure that providers report uniform and accurate data and other information?
As has been the case with prior Annual Reports, the reporting period is the calendar year
immediately preceding the year during which the Annual Report is due. 29 Thus, the reporting period for
the next Annual Reports due on April 1, 2024 will be January 1, 2023 through December 31, 2023.
A.

General Proposals

We seek comment on whether the proposed instructions provide sufficient guidance to ensure that
providers use uniform methodologies and report the required information in a consistent manner. Are
there any additional changes that would help clarify the instructions, including the definitions, and
increase uniformity across providers’ responses? We seek comment on all aspects of the proposed
instructions, including any proposed revisions not explicitly addressed in this Public Notice.
General Categories of Information Requested. The proposed instructions, like those for prior
reports, require providers to submit certain types of information related to their operations, IPCS rates,
ancillary service charges, site commissions, and disability access. As a result of the Martha Wright-Reed
Act, our proposed instructions would require providers to submit intrastate, interstate, and international
information for both audio and video IPCS. Do the proposed instructions describe these categories of
data in sufficient detail? Is there additional information that we should require providers to submit in any
of these categories to enable the Commission to better monitor compliance and industry trends, or
increase transparency to the public? Are there any additional changes we should make to the proposed
instructions and templates to make them easier for providers to understand? We seek comment generally
on the benefits and burdens of our proposals, and whether additional changes to proposed or existing
reporting categories are warranted.
B.

Specific Instructions

Definitions. The proposed instructions contain new and revised definitions reflecting the
Commission’s expanded authority over IPCS. We seek comment on these definitions. Are they
sufficiently clear? If not, how should they be modified? Are there any undefined terms we should
define? Are there any terms that should be added to the proposed instructions that would help ensure that
the Commission receives all relevant data? If so, what are they and how should they be defined? Should
any proposed definitions be removed?
Facility and Contract Information. Our proposed instructions include a reference to a new Excel
template that moves detailed contract and facility information already collected on multiple worksheets
throughout the Excel template to a single worksheet. Collecting this granular information on a single
worksheet is intended to help ensure consistent facility and contract-level reporting, and eliminate the
need to repeatedly enter such detailed information on other worksheets throughout the Excel template.
This change is intended to reduce the amount of duplicative information required throughout the report
and consequently reduce the burden on providers. We seek comment on this proposal.
Audio and Video IPCS Rates. The proposed instructions and templates continue to require
providers to submit intrastate, interstate, and international IPCS rates for audio services across a number
of categories, including: (i) highest 15-minute rate; (ii) highest year-end 15-minute rate; and (iii) average
per minute rate. 30 For interstate and international rates, we require providers to identify all rates charged
29

47 CFR § 64.6060(a). For example, for the 2023 Annual Reports and Annual Certifications, the reporting period
was January 1, 2022 to December 31, 2022. Wireline Competition Bureau Reminds Providers of Inmate Calling
Services of the April 1, 2023 Deadline for Annual Reports and Certifications, WC Docket No. 12-375, Public
Notice, DA 23-164 (WCB Mar. 1, 2023).

30

Calling Services for Incarcerated People; Annual Reporting and Annual Certification Forms (FCC Forms 2301(a)
and 2301(b)); Instructions, WC Docket No. 12-375, at 11-14, https://www.fcc.gov/general/ics-data-collections (last
visited Aug. 2, 2023) (ICS Annual Reporting and Certification Instructions (Current)).

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in excess of the applicable rate caps. 31 For international rates, we clarify that reported termination
charges should reflect the amount billed by the provider to the consumer for termination to each
international destination. We seek comment on whether these instructions are sufficiently clear.
To assist the Commission in determining just and reasonable rates for video IPCS, consistent with
the Martha Wright-Reed Act, we propose adopting a similar reporting approach for video IPCS. We
propose adding new worksheets that collect the same rate information for video IPCS as that collected for
audio IPCS. We do not request information on video IPCS rates that exceed a cap, since there is no rate
cap for these services at this time. Is this proposed approach the best way to collect information on video
IPCS rates? Are there additional rate categories for video IPCS that we should consider? Conversely, are
there categories for audio IPCS that should not be included for video IPCS? For example, our proposed
worksheets for international video IPCS exclude charges to terminate communications to foreign
countries because while these charges apply to audio services, they may not apply to video services. Do
parties agree with this adjustment?
Because providers are already familiar with these reporting categories for audio IPCS, we expect
that using the same rate reporting approach for video IPCS will help minimize the burdens associated
with reporting this additional information regarding their video services. We seek comment on this
assessment. Are there other changes we should make to the proposed rate reporting structure that would
minimize the burden on providers, without sacrificing any necessary information or transparency? We
also propose new questions seeking certain narrative information about the reported rates for video IPCS
and seek comment on these proposed revisions.
Our proposed worksheets for video IPCS rate information ask providers to submit information for
15-minute intervals. We propose using a 15-minute interval because this is the rate interval used for
collecting data on audio IPCS and using the same interval should allow for more meaningful rate
comparisons. In addition, audio call lengths are often limited to around 15 minutes. Do parties agree
with use of this session interval to evaluate video IPCS rates? If not, what interval should we use instead?
Our proposed Excel template also seeks rate information for both domestic and international video calls.
We seek comment on the extent to which domestic video IPCS rates differ from international video IPCS
rates. Do we need separate worksheets for domestic video IPCS rates and international video IPCS rates?
If we decide to use separate worksheets and some providers have the same rates for domestic and
international video IPCS, we propose allowing providers that charge the same rates to opt out of filing a
separate worksheet for international video IPCS. We seek comment on this proposed approach.
Finally, the Word template contains questions seeking narrative information about provider
operations, facilities, and services, including new questions regarding video IPCS. We seek comment on
these new questions. Is there additional information the Commission should seek that would help
increase transparency and compliance without imposing unwarranted burdens on providers?
Ancillary Service Charges. The current instructions require providers to report a variety of
information about any ancillary service charges they have assessed, and require a narrative explanation
concerning any methodologies used to allocate these charges among facilities that are covered by a single
contract, where applicable. We propose adding a new worksheet that collects the same ancillary service
charge information for video IPCS as that collected for audio IPCS. Do we need separate worksheets for
audio and video ancillary service charges or are these charges typically the same? If we decide to use
separate worksheets, we propose allowing providers that charge identical ancillary service charges for
audio and video IPCS to opt out of filing a separate worksheet for video services. We seek comment on
this approach. Is there any additional information we should seek regarding ancillary service charges for
audio or video IPCS?

31

ICS Annual Reporting and Certification Instructions (Current) at 17.

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Site Commissions. The current instructions require providers to report their average total monthly
site commission payments on a facility-by-facility basis and to separate those payments between legally
mandated and contractually prescribed site commission payments, consistent with the Commission’s
rules. 32 The existing instructions also require providers to subdivide both types of payments between
monetary and in-kind payments and, within those subdivisions, to report the portions of the payments that
were either fixed or variable. We propose adding a new worksheet that collects the same site commission
payment information for video IPCS as that collected for audio IPCS. We seek comment on this
approach or whether a different approach should be considered. Is there any additional information we
should seek related to site commission payments made in connection with audio IPCS or video IPCS?
To the extent providers pay site commissions for both audio IPCS and video IPCS on a perprovider, per-facility, or per-contract basis, and those site commissions are fixed, we propose requiring
providers to allocate such site commission payments between audio IPCS and video IPCS based on their
best estimate of the percentage of the total amount of their fixed site commissions attributable to each
type of IPCS. We also propose to direct providers to explain, document, and justify, in the Word
template, any alternative methodology used to allocate fixed site commission payments between audio
IPCS and video IPCS. Do commenters agree with this approach? Why or why not? Should we require a
different allocation methodology to help ensure more consistent reporting of fixed site commission
payments that apply to multiple services? If so, what methodology should we require and why?
Disability Access and Related Considerations. Our proposed instructions modify providers’
reporting obligations regarding the provision of TTY-based TRS and TTY-to-TTY calling for
incarcerated people with hearing and speech disabilities, including any ancillary service charges that
providers have assessed for or in connection with TTY-based calls. Providers would no longer be
required to report the number of dropped calls for TTY-based TRS or TTY-to-TTY calls, but would still
be required to report the number of calls and number of complaints related to TTY-based TRS and TTYto-TTY calls. We also propose updates to the instructions and the Excel template to reflect the 2022
reforms to the Commission’s rules. 33 Under the proposed changes to the “Disability Access” worksheet
of the Excel template, providers would report, on a facility-by-facility basis, for each of the six kinds of
TRS authorized by the Commission, 34 (1) whether the service was available for use at the facility during
the reporting period, (2) the number of calls made using the service, and (3) the number of complaints
regarding the service. The same information would be collected for point-to-point video service and for
TTY-to-TTY calling. We seek comment on whether these proposed changes capture all of the
information now required by the revised rules. 35 If not, what additional changes should we make?
Miscellaneous. The proposed Excel template includes minor changes designed to help reduce
burdens and minimize provider error when completing the worksheets. For instance, the proposed
template includes “drop-down” menus for data entry when there are only a few answer options. It also
includes new cell formatting that restricts the data that can be entered (e.g., numbers vs. text). For the
worksheets that include rates paid for IPCS calls to international destinations, we propose to require
providers to enter their international destinations only once for each worksheet, instead of repeating this
32

47 CFR § 64.6030(d).

33

See 2022 ICS Order, Appx. B at 80, § 64.6060(a)(5)-(7); 47 CFR § 64.6040(b).

34

TRS and the various kinds of TRS are defined in section 64.601 of the Commission’s rules. 47 CFR § 64.601.
The six kinds of TRS are: Internet Protocol Captioned Telephone Service (IP CTS); Internet Protocol Relay Service
(IP Relay); Speech-to-Speech Relay Service (STS); Traditional (TTY-Based) TRS; Video Relay Service (VRS); and
Non-Internet Protocol Captioned Telephone Service (Non-IP CTS). Id. § 64.601(a)(23), (24), (41), (43), (53);
Telecommunications Relay Services, and Speech-to-Speech Services for Individuals with Hearing and Speech
Disabilities, CC Docket No. 98-67, Declaratory Ruling, 18 FCC Rcd 16121, 16122, para. 3 (2003).
35

2022 ICS Order, Appx. B at 80, § 64.6060(a)(5)-(7).

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information multiple times on each worksheet. We seek comment on these minor modifications. We also
seek comment on our proposed minor updates to the certification form (e.g., inserting the word
“Authorized” before “Officer”). 36 Finally, we ask for suggestions on additional modifications to the
instructions, Excel and Word templates, and certification form that would make them clearer and easier to
use.
II.

PROCEDURAL MATTERS

Filing of Comments and Replies. Pursuant to sections 1.415 and 1.419 of the Commission’s
rules, 47 CFR §§ 1.415, 1.419, interested parties may file comments and reply comments on or before the
dates indicated on the first page of this document. Comments may be filed using the Commission’s
Electronic Comment Filing System. See FCC, Electronic Filing of Documents in Rulemaking
Proceedings, 63 Fed. Reg. 24121 (May 1, 1998). 37
•

Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: https://www.fcc.gov/ecfs/.

•

Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.

•

Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal
Service mail. All filings must be addressed to the Commission’s Secretary, Office of the
Secretary, Federal Communications Commission.
•

•

Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal
Service first-class, Express, and Priority mail must be addressed to 45 L Street, NE,
Washington, DC 20554.

Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or
messenger delivered filings. This is a temporary measure taken to help protect the health and
safety of individuals, and to mitigate the transmission of COVID-19. 38

Comments and reply comments must include a short and concise summary of the substantive
arguments raised in the pleading. Comments and reply comments must also comply with section 1.49
and all other applicable sections of the Commission’s rules. We direct all interested parties to include the
name of the filing party and the date of the filing on each page of their comments and reply comments.
All parties are encouraged to use a table of contents, regardless of the length of their submission. We also
strongly encourage parties to track the organization set forth in this Public Notice and the instructions in
order to facilitate our internal review process.
People with Disabilities. We ask that requests for accommodations be made as soon as possible
in order to allow the agency to satisfy such requests whenever possible. Send an email to
[email protected] or call the Consumer and Governmental Affairs Bureau at (202) 418-0530.
36

See infra Appx. A.

The Protective Order issued in this proceeding permits parties to designate certain material as confidential.
Incarcerated People’s Communications Services; Implementation of the Martha Wright-Reed Act; Rates for Inmate
Calling Services, WC Docket Nos. 23-62, 12-375, Protective Order, DA 23-298 (WCB Apr. 5, 2023). Filings that
contain confidential information should be appropriately redacted and filed pursuant to the procedure described in
that Order. See also Rates for Interstate Inmate Calling Services, WC Docket No. 12-375, Order, 35 FCC Rcd 9267
(WCB Sept. 1, 2020) (clarifying non-confidential treatment for certain information).

37

See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public
Notice, 35 FCC Rcd 2788 (OS Mar. 19, 2020).

38

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Ex Parte Presentations. This proceeding shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules. 39 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda, or other filings in the proceeding, the
presenter may provide citations to such data or arguments in the prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with section 1.1206(b) of the Commission’s rules. 40 Participants in this proceeding should
familiarize themselves with the Commission’s ex parte rules.
Regulatory Flexibility Act. As required by the Regulatory Flexibility Act, 41 the Commission has
prepared a Supplemental Initial Regulatory Flexibility Analysis (Supplemental IRFA) of the possible
significant economic impact on small entities by the policies and rules proposed in the Public Notice. The
Supplemental IRFA supplements the Commission’s Regulatory Flexibility Analyses included in both the
2022 ICS Order, and in the 2023 IPCS Order and serves to further the process of implementing the
revised disability access rules requirements adopted in the 2022 ICS Order and in the Martha WrightReed Act. The Supplemental IRFA is set forth in Appendix B. The Commission requests written public
comments on the Supplemental IRFA. Comments must be identified as responses to the Supplemental
IRFA and must be filed by the deadlines for comments provided in this Public Notice. The Commission
will send a copy of this Public Notice, including the Supplemental IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration. 42 In addition, summaries of this Public Notice and the
Supplemental IRFA will be published in the Federal Register. 43
Initial Paperwork Reduction Act Analysis. The Public Notice, and the attached instructions and
templates, contain new or modified information collection requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13. It will be submitted to the OMB for review under
section 3507(d) of the PRA. OMB, the general public, and other federal agencies are invited to comment
on the new or modified information collection requirements contained in this proceeding. 44 In addition,
we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198; see 44
U.S.C. § 3506(4), we seek comment on how the Commission will further reduce the information
collection burden for small business concerns with fewer than 25 employees.

39

47 CFR § 1.1200 et seq.

40

Id. § 1.1206(b).

41

See 5 U.S.C. § 603.

42

See id. § 603(a).

43

Id.

Pursuant to the Paperwork Reduction Act (PRA), we will publish a 60-Day Notice in the Federal Register seeking
comment on the proposed annual reporting and certification requirements set forth herein. See 44 U.S.C. § 3507.
We note that the PRA paperwork for this collection also seeks Office and Management and Budget (OMB) approval
for certain rules adopted in the 2022 ICS Order. See 2022 ICS Order at 68, paras. 166-67. We will consider
comments submitted in response to both of these Federal Register notices in finalizing this information collection
for submission to OMB.

44

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Additional Information. For further information, please contact Amy Goodman, Pricing Policy
Division, Wireline Competition Bureau, at (202) 418-1549 or via e-mail at [email protected] or
Michael Scott, Consumer and Governmental Affairs Bureau, at (202) 418-1264 or via email at
[email protected].
- FCC -

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APPENDIX A
Proposed Instructions and Templates
The draft instructions, templates, and certification form for the Annual Reports are available at
this link: https://www.fcc.gov/proposed-2023-ipcs-annual-reports.

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APPENDIX B
Supplemental Initial Regulatory Flexibility Analysis
1.
As required by the Regulatory Flexibility Act of 1980, as amended (RFA), 1 the Wireline
Competition Bureau (WCB) and the Consumer and Governmental Affairs Bureau (CGB) (collectively,
the Bureaus) have prepared this Supplemental Initial Regulatory Flexibility Analysis (Supplemental
IRFA) of the possible significant economic impact on small entities by the policies and rules proposed in
the Public Notice to supplement the Commission’s Regulatory Flexibility Analyses contained in the Rates
for Interstate Inmate Calling Services, Order and Notice of Proposed Rulemaking, 2 and in the
Incarcerated People’s Communications Services; Implementation of the Martha Wright-Reed Act; Rates
for Interstate Inmate Calling Services, Notice of Proposed Rulemaking and Order. 3 We request written
public comment on this Supplemental IRFA. Comments must be identified as responses to the
Supplemental IRFA and must be filed by the deadlines for comments provided on the first page of the
Public Notice.
A.

Need for, and Objectives of, the Proposed Rules

2.
In the Public Notice, the Bureaus seek comment regarding proposed revisions to the
instructions, templates, and certification form for the Annual Reports submitted by providers of
incarcerated people’s communications services (IPCS). 4 In issuing the Public Notice, we act pursuant to
the Commission’s delegation of authority to the Bureaus to modify, supplement, and update the Annual
Report instructions, templates, and certification form, as appropriate, to reflect revised rules adopted in
the 2022 ICS Order 5 and to provide additional information the Commission will need to implement the
Martha Wright-Reed Just and Reasonable Communications Act of 2022 (Martha Wright-Reed Act or
Act). 6
3.
In the 2022 ICS Order, the Commission adopted requirements to improve access to
communications services for incarcerated people with communication disabilities and expanded the scope
of the Annual Reports to reflect these changes. 7 Under the proposed, expanded reporting requirements,
providers would be required to list, at a minimum, for each facility served, the types of
Telecommunications Relay Service (TRS) that can be accessed from the facility and the number of
completed calls and complaints for TTY-to-TTY calls, American Sign Language (ASL) point-to-point

See 5 U.S.C. § 603. The RFA, see 5 U.S.C. §§ 601-612, has been amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).

1

Rates for Interstate Inmate Calling Services, WC Docket No. 12-375, Fourth Report and Order and Sixth Further
Notice of Proposed Rulemaking, Appx. C, FCC 22-76, at 82-92 (2022) (2022 ICS Order).

2

Incarcerated People’s Communications Services; Implementation of the Martha Wright-Reed Act; Rates for
Interstate Inmate Calling Services, WC Docket Nos. 23-62, 12-375, Notice of Proposed Rulemaking and Order,
Appx. A, FCC 23-19 (2023) (2023 IPCS Notice or 2023 IPCS Order).

3

These revised instructions, the associated templates, and certification form, if adopted, will consolidate and
supplant the instructions, templates, and certification form for earlier iterations of the IPCS Annual Reporting and
Certification requirements.

4

5

2022 ICS Order at 24-26, paras. 47-52.

6
Martha Wright-Reed Just and Reasonable Communications Act of 2022, Pub. L. No. 117-338, 136 Stat. 6156; 47
U.S.C. §§ 152(b), 153(1)(E), 276(b)(1)(A), (d); see 2023 IPCS Notice.

See 2022 ICS Order at 24-26, paras. 47-52. Among the numerous reforms, the Commission required all providers
to provide access to all relay services eligible for Telecommunications Relay Services (TRS) Fund support in any
facility where broadband is available and where the average daily population incarcerated in that jurisdiction (i.e., in
that city, county, state, or the United States) totals 50 or more persons. See id. at 3, para. 3.

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video calls, and each type of TRS for which access is provided. 8 The Commission also eliminated the
safe harbor adopted in 2015 concerning the reporting requirement for TTY-based TRS calls. 9
Additionally, the Commission delegated authority to the Bureaus to implement the expanded reporting
obligations contained in the 2022 ICS Order and to develop a reporting form that will most efficiently and
effectively elicit the required information. 10
4.
On January 5, 2023, the President signed the Martha Wright-Reed Act into law, thereby
expanding the Commission’s statutory authority over communications between incarcerated people and
the non-incarcerated to include “any audio or video communications service used by inmates . . .
regardless of technology used.” 11 The new Act also amends section 2(b) of the Communications Act of
1934, as amended (the Communications Act), to make clear that the Commission’s authority extends to
intrastate as well as interstate and international communications services used by incarcerated people. 12
Further, the Martha Wright-Reed Act also directs the Commission to “promulgate any regulations
necessary to implement” the Act, including its mandate that the Commission establish a “compensation
plan” ensuring that all rates and charges for IPCS “are just and reasonable,” not earlier than 18 months
and not later than 24 months after the Act’s January 5, 2023 enactment. 13
5.
In accordance with the Martha Wright-Reed Act’s directive, the Commission released the
2023 IPCS Notice, which sought comment on how to best interpret the Act’s language in order to ensure
the Commission implemented the statute in a manner that fulfills Congress’s intent. 14 In the 2023 IPCS
Order, the Commission reaffirmed and updated its prior delegation of authority to the Bureaus to revise
the instructions and reporting template for the Annual Reports. 15 Specifically, the Commission delegated
authority to the Bureaus to modify, supplement, and update those instructions and templates as
appropriate to supplement information WCB will be receiving in response to the 2023 Mandatory Data
Collection. 16
6.
Pursuant to their delegated authority, the Bureaus have proposed revisions to the
instructions, templates, and certification form for the Annual Reports and are issuing the Public Notice to
seek comment on all aspects of these proposed changes.
B.

Legal Basis

7.
The proposed action is authorized pursuant to sections 1, 2, 4(i)-(j), 5(c), 201(b), 218,
220, 225, 255, 276, 403, and 716 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151,
8

Id. at 24, para. 48.

9

Id. at 25, para. 51.

10

Id. at 26, para. 52.

11

Martha Wright-Reed Act § 2(a)(2), (b).

12

Id. § 2(c).

13

Id. § 3(a); 47 U.S.C. § 276(b)(1)(A).

14
See generally 2023 IPCS Notice. On April 28, 2023, WCB and the Office of Economics and Analytics (OEA)
released a Public Notice initiating a new data collection (2023 IPCS Mandatory Data Collection) intended to help
implement the Martha Wright-Reed Act. Wireline Competition Bureau and Office of Economics and Analytics Seek
Comment on Proposed 2023 Mandatory Data Collection for Incarcerated People’s Communications Services, WC
Docket Nos. 23-62, 12-375, Public Notice, DA 23-355 (WCB April 28, 2023) (seeking comment on the proposed
mandatory data collection for IPCS).
15

2023 IPCS Order at 34, para. 86.

Id. at 33-34, paras. 84-85; see Incarcerated People’s Communications Services; Implementation of the Martha
Wright-Reed Act, Rates for Interstate Inmate Calling Services, WC Docket Nos. 23-62, 12-375, Order, DA 23-638
(WCB/OEA July 26, 2023) (2023 IPCS Mandatory Data Collection Order).
16

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152, 154(i)-(j), 155(c), 201(b), 218, 220, 225, 255, 276, 403, and 617, and the Martha Wright-Reed Act,
Pub. L. No. 117-338, 136 Stat. 6156 (2022).
C.

Description and Estimate of the Number of Small Entities to Which the Proposed
Rules Would Apply

8.
The RFA directs agencies to provide a description of, and where feasible, an estimate of
the number of small entities that may be affected by the proposed Annual Reports data collection. The
RFA generally defines the term “small entity” as having the same meaning as the terms “small business,”
“small organization,” and “small governmental jurisdiction.” 17 In addition, the term “small business” has
the same meaning as the term “small-business concern” under the Small Business Act. noted above,
9. As noted above, Regulatory Flexibility Analyses were incorporated in the 2022 ICS Order 18
and the 2023 IPCS Notice. 19 In those analyses, the Commission described in detail the small entities that
might be affected. In this Supplemental IRFA, we hereby incorporate by reference the descriptions and
estimates of the number of small entities from the previous Regulatory Flexibility Analyses in the 2022
ICS Order 20 and 2023 IPCS Notice. 21
D.

Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities

10.
The Public Notice seeks comment on the specifics of the proposed revisions to the
instructions, templates, and certification form to ensure the Commission receives the data it needs for the
Annual Reports. The proposed data collection would require certain providers that are classified as
inmate calling services providers under the Commission’s rules to submit, among other things, data and
other information on providers’ operations, IPCS rates, ancillary services, site commissions, and
disability access. The proposed data collection may subject small and other providers to modified or new
reporting or other compliance obligations. In addition, we recognize that our actions in this proceeding
may affect the reporting, recordkeeping, and other compliance requirements for several groups of small
entities. At this time, the Bureaus do not have sufficient information to determine whether the proposed
revisions to the Annual Reports data collection will require small entities to hire attorneys, engineers, or
other professionals to comply with the new rules. We, however, anticipate the information we receive in
comments will help the Commission identify and evaluate relevant compliance matters for small entities,
including compliance costs and other burdens that may result from the proposals and inquiries we make in
the Public Notice.
E.

Steps Taken to Minimize the Significant Economic Impact on Small Entities and
Significant Alternatives Considered

11.
The RFA requires an agency to describe any significant alternatives that it has considered
in reaching its proposed approach, which may include the following four alternatives (among others):
“(1) the establishment of differing compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rules for such small entities; (3) the use of performance
rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such

17

See 5 U.S.C. § 601(6).

18

2022 ICS Order, Appx. C at 82.

19

2023 IPCS Notice, Appx. A at 38.

20

2022 ICS Order, Appx. C at 83-91, paras. 7-21.

21

2023 IPCS Notice, Appx. A at 38, paras. 5-21.

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small entities.” 22 We will consider these factors after reviewing any substantive comment we have
received from the public and potentially affected small entities.
12.
In the Public Notice, the Bureaus have taken steps to minimize the economic impact on
small entities and consider alternatives through its proposals that include considering different ways to
revise the Annual Reports instructions, templates, and certification form without causing significant
economic impact to small entities. For example, the Bureaus propose reporting and certification
requirements that are similar to those used in prior Annual Reports data collections. In addition, the
standardized templates and instructions simplify compliance with, and reduce the burden of, the
information requirements related to submission of the Annual Reports. Further, the Bureaus have taken
steps to ensure the instructions, annual reporting templates, and certification form are competitively
neutral and are not unduly burdensome for all providers. Finally, the Public Notice proposes to allow
providers that charge the same rates for domestic and international video IPCS to opt out of filing a
separate spreadsheet for international video IPCS, thus reducing the regulatory burden to providers. We
will also consider any significant economic impact to small entities that may be raised in comments filed
in response to the Public Notice and Supplemental IRFA.

22

F.

Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rules

13.

None.

5 U.S.C. § 603(c)(1)-(4).

15