The Regulatory Mix, TMI’s daily blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of a TMI Briefing.

FCC

As anticipated, at its August 4, 2016, Open Meeting, the FCC adopted an Order revising its Inmate Calling Service (ICS) rates. See the Regulatory Mix dated 7/18/16.  The rate adjustments are intended to cover the legitimate costs facilities incur in making ICS services available. 

The rate adjustments are as follows:

• 13¢/minute for debit/prepaid calls, in state or federal prisons (up from 11¢/minute stayed Oct. 2015 rate);
• 19¢/minute for debit/prepaid calls in jails with 1,000 or more inmates (up from 14¢/minute stayed Oct. 2015 rate);
• 21¢/minute for debit/prepaid calls in jails with 350-999 inmates (up from 16¢/minute stayed Oct. 2015 rate)
• 31¢/minute for debit/prepaid calls in jails of up to 349 inmates (up from 22¢/minute stayed Oct. 2015 rate).

Rates for collect calls (unspecified) would be slightly higher in the first year and would be phased down to these caps after a two-year transition period.  The order will also clarify that providers may not markup taxes and fees they pass through in their ICS rates.  TMI Briefing Service subscribers, watch for a briefing when the text of the order is released.

• 66% of offered handset models must be compliant following a two-year transition period for manufacturers, with additional compliance time for service providers, and
• 85% of offered handset models must be compliant following a five-year transition period for manufacturers, with additional compliance time for service providers.

There are more limited obligations for entities offering only four or five handsets.  The FCC also reaffirmed its commitment to pursuing 100% compatibility within eight years.  TMI Briefing Service subscribers, watch for a briefing when the text of the order is released.

Colorado

The PUC set aside its previous decisions regarding basic emergency service rules and terminated the proceeding.  The PUC said it “decline[s] to adopt modifications to the rules governing basic emergency service at this time.”  Accordingly, the current rules at 4 CCR 723-2-2130, et seq., are maintained.  New legislation establishes a six-member Task Force on 911 oversight, outage reporting, and reliability.  TMI Briefing Service subscribers see Briefing dated 8/4/16. 

Invest in Broadband for America Coalition

A group of US Senators from rural states sent a letter to the FCC urging it to use the most up-to-date data in its analysis of competition in the business broadband market.  Signers include: Jon Tester (D-MT), Maria Cantwell (D-WA), Patty Murray (D-WA), Heidi Heitkamp (D-ND), Michael Bennet (D-CO), Amy Klobuchar (D-MN), Bob Casey (D-PA), Angus King Jr. (I-ME), and Tammy Baldwin (D-WI).  The Senators stressed the “importance of ensuring that the final rule in the FCC’s Further Notice of Proposed Rulemaking (FNPRM) on business data services is based on accurate industry data and promotes strong continued investment in broadband infrastructure.” 

In addition, five network infrastructure providers - CenturyLink, Inc., Cincinnati Bell, Inc., Consolidated Communications, Inc., FairPoint Communications, Inc., and Frontier Communications - formed the Invest in Broadband for America coalition.  The coalition said that the “FCC proposal is based on flawed analysis because it didn’t use the most up-to-date data filed with the agency by major cable providers, which show there is far more competition in the business broadband market than the FCC acknowledges.”  Click here for more details.