Oklahoma Adds to List of Parties Seeking Stay of FCC Inmate Calling Service Order
Oklahoma officials asked a federal court to stay an FCC inmate calling service order, pending further judicial review of an underlying ICS challenge. The commission lacked the authority to cap intrastate ICS rates at levels that were below what the…
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state negotiated and below provider costs, said Oklahoma Attorney General Scott Pruitt, Solicitor General Patrick Wyrick and Danny Honeycutt, general counsel of the Oklahoma County Sheriff's Office. They filed a motion Monday with the U.S. Court of Appeals for the D.C. Circuit in the consolidated case (Global Tel*Link v. FCC, No. 15-1461). The state officials said the FCC also lacked "relevant expertise" and disregarded evidence in writing a rule that not only was arbitrary and capricious but would harm Oklahoma's correctional facilities and inmates. The order will cause "dramatic" revenue reductions that force Oklahoma "to either abandon its inmate welfare programs, shift revenues away from other critical public safety programs, or eliminate inmate calling services if the State cannot satisfactorily renegotiate the contracts with its carriers," the officials said. Because Oklahoma is likely to win on the merits and would suffer irreparable harm, they said, the D.C. Circuit should stay the rule. The Oklahoma officials filed a separate motion asking the D.C. Circuit for leave to seek a stay, which came after the court's Feb. 5 deadline for such requests (see 1602040023). They said they originally had filed their legal challenge in the 10th Circuit, which didn't transfer the case to the D.C. Circuit until Feb. 16, at the FCC's request. "Oklahoma is the only party seeking a stay in this case that actually operates correctional facilities, has law enforcement interests, and receives rather than pays site commissions. Oklahoma thus has unique irreparable harms and a unique perspective on the public interest," the officials said. In an order Tuesday, the D.C. Circuit gave the FCC until noon, Friday to file a response to both Oklahoma motions. ICS providers CenturyLink, Global Tel*Link, Securus and Telmate also have sought stays, and recently filed reply briefs in support of their motions (see 1602190065), after the FCC and intervenors filed opposing briefs (see 1602120060).