ICS Providers Dispute FCC Arguments Against Stay of Inmate Calling Rate Caps, Other Rules
Inmate calling service providers asked a court to stay FCC ICS rate caps and other rules despite agency and intervenor arguments in defense of the rules (see 1602120060). CenturyLink, Global Tel*Link, Securus and Telmate filed replies Friday with the U.S.…
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Court of Appeals for the D.C. Circuit, which is considering the providers' requests for a stay pending further review of their consolidated legal challenges to the FCC's order (Global Tel*Link v. FCC, No. 15-1461). "A stay is warranted because the FCC has no answer to CenturyLink’s core argument that the Order’s rate caps will prevent CenturyLink from recovering its cost of service in Texas and several other jurisdictions, in direct contravention of [Communications Act] section 276’s requirement that the FCC 'ensure that all [ICS] providers are fairly compensated for each and every ... call' they complete," CenturyLink said in its reply. "The FCC opposes Telmate’s stay motion by describing what the FCC did because it cannot explain why its decisions were authorized or reasonable. This does not overcome Telmate’s substantial case on the merits, which, coupled with the irreparable harm it will suffer and the balance of the equities, justifies a stay," Telmate said in its reply. GTL's reply is here and Securus' reply is here.