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OGC Says GTL, Securus Filings During Sunshine Period Violated Rules

Filings by Global Tel*Link and Securus Technologies in the inmate calling service proceeding during a recent “Sunshine Agenda period” were prohibited under ex parte rules, the commission's Office of General Counsel said in a public notice Friday in docket 12-375.…

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The OGC said it wasn't persuaded by GTL and Securus arguments that their filings should be allowed under an exemption for emergencies because they reported death threats to company officials (see 1511060057 and 1511040044). “Contrary to the parties’ arguments, the part of the filings that constituted a presentation on the merits was not the discussion of the menacing comments, but rather the advocacy that followed in those letters,” the OGC said. The GTL and Securus filings thus “will be associated with, but not made part of the record” in the ICS proceeding, the OGC said, saying Securus was able to put the menacing comments into the record in a subsequent filing “without the additional violative material.” Lee Petro -- counsel for the Martha Wright Petitioners group, which had asked the FCC to sanction GTL and Securus for the filings (see 1511030054) -- told us: "We are pleased that the FCC agrees with us that the submissions did not fall within the narrow exceptions to the ex parte rules.” The OGC noted there were various filings by other parties during the Sunshine Agenda period, which some of the parties said were "inadvertent." The OGC also said the Wireline Bureau decided a previous GTL filing violated the rules, but the office said it was taking no further action on that violation. Securus and GTL didn't comment.