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Parties to Inmate Calling Service Case Update Court on FCC Rulemaking

The parties to litigation over the FCC's interim inmate calling service (ICS) rules, which regulated interstate rates, briefly updated the U.S. Court of Appeals for the D.C. Circuit on the commission's current rulemaking to adopt permanent ICS rules. In a…

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joint status report filed Tuesday in the case of Securus v. FCC, No. 13-1280, the Department of Justice, FCC, Securus Technologies and other petitioners said the commission received "voluminous" comments and was now considering those submissions and holding ex parte meetings with interested parties on final rules. The parties said the court in January partially stayed the FCC's 2013 interim interstate ICS rules while leaving other parts intact (included rate caps). They also noted the commission in October issued an NPRM aimed at overhauling its ICS rules and then asked the D.C. Circuit to hold in abeyance its review of the interim interstate rules on the merits, a request which the court granted last December. The court asked the parties to file status reports every 60 days; Tuesday's report was the fourth such report. FCC Commissioner Mignon Clyburn, who as acting chairwoman oversaw the 2013 order, recently vowed to cut calling costs for inmate families (see 1507300067), and CenturyLink this week suggested capping all ICS rates "at or very near" interstate levels (see 1508170054). Some parties have told us the commission could issue an order this fall.