FCC Denies ICS Providers' Stay Bid; Industry Relief Focus Shifts to DC Circuit
The FCC denied inmate calling service provider requests that it stay an order restricting domestic ICS charges (see 1510220059). Global Tel*Link, Securus Technologies and Telmate had asked for an FCC stay pending judicial review of the order on its merits…
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at the U.S. Court of Appeals for the D.C. Circuit. “The Petitioners have failed to meet the test for extraordinary equitable relief,” said Wireline Bureau Chief Matt DelNero in a 40-page order defending the commission’s actions. DelNero said the FCC is likely to prevail in court on the merits because its rate caps, ancillary fee restrictions and other measures are lawful. He also said the petitioners wouldn't suffer irreparable injury without a stay while others and the public interest would be harmed by a stay. "I don't think I have ever seen an FCC stay order which is as comprehensive and thoroughly considered as this one," said Andrew Schwartzman, senior counselor at the Georgetown Institute for Public Representation, in an email Friday. "The decision is a strong defense of the Commission's action. In addition, it does a very good job of explaining why the necessary analysis of irreparable harm weighs in favor of leaving the status quo intact." The FCC denial had been expected by some ICS provider critics (see 1512300041), including Schwartzman who recently said, “They are just getting their ticket punched so they can seek a judicial stay” (see 1512230034). “Securus will move for a stay at the D.C. Circuit,” confirmed Stephanie Joyce, an Arent Fox attorney who's counsel for Securus. GTL and Telmate didn't comment Friday. Both had said that if the FCC didn't grant them a stay, they would seek relief in the D.C. Circuit, where two of the underlying legal challenges have already been consolidated (see 1601140068). Schwartzman said in his email Friday that "the usual caveats apply" to making a prediction on court action: "One never knows, especially since one doesn't know who will be on the panel. Etc."