Lee G. Petro
202-230-5857 Direct
202-842-8465 Fax
Lee.Petro@dbr.com

Law Offices

June 8, 2013

1500 K Street N. W.
Suite 1100
Washington, D.C.
20005-1209
(202) 842-8800
(202) 842-8465 fax

By ECFS
Marlene H. Dortch, Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, DC 20554

www.drinkerbiddle.com

CALIFORNIA

RE:

DELAWARE
ILLINOIS
NEW JERSEY
NEW YORK
PENNSYLVANIA
WASHINGTON D.C.
WISCONSIN

Rates for Interstate Inmate Calling Services
WC Docket No. 12-275

Dear Ms. Dortch:
Pursuant to Section 1.1206(b) of the FCC’s rules, this notice is respectfully
submitted to report a teleconference between undersigned counsel for Martha Wright, et
al. (the “Petitioners”) and Ms. Rebekah Goodhart, Legal Advisor to Chairwoman Mignon
Clyburn on June 7, 2013.
The parties to the call discussed the status of the proceeding, and the
undersigned counsel presented his views that:
1. the FCC has received sufficient data and related information from the parties
seeking to have the FCC establish a benchmark rate of $0.07 per minute, with no
other charges or ancillary fees;
2. the opponents to this proposal failed to provide the detailed cost data and
associated information specifically requested by the FCC, 1 and therefore, these
parties may no longer - both reasonably and legally - object to the FCC’s adoption
of the Petitioners’ proposal based on the information submitted into the record;
3. the FCC has clear statutory authority to adopt the proposal under Sections 201,
205 and 276 of the Communications Act, as amended;
4. the Petitioners agree with and support those arguments presented by parties in
the record of this proceeding that the FCC has clear statutory authority under the
Communications Act to also adopt benchmark rates for intrastate calls.
Should there be any questions regarding this submission, please contact
undersigned counsel.

See Appendix A (attached hereto) (excerpt from Petitioners’ Reply Comments, filed April
22, 2013, pg. 8).

1

Established 1849

Marlene H. Dortch, Secretary
June 8, 2013
Page 2
Respectfully submitted,

Lee G. Petro
Drinker Biddle & Reath LLP
1500 K Street N.W.
Suite 1100
Washington, DC 20005-1209
202-230-5857 – Telephone
202-842-8465 - Telecopier
Counsel for Martha Wright, et al.
Attachment
cc:

Acting Chairwoman Mignon L. Clyburn (via email)
Rebekah Goodheart (via email)
Deena Shetler (via email)
Kalpak Gude (via email)
Pamela Arluk (via email)
Randolph Clarke (via email)
Lynne Engledow (via email)
Gregory Haledjian (via email)
Rhonda Lien (via email)

APPENDIX A
come from the ICS providers, 24 and repeatedly called for the submission of detailed, specific
evidence from all parties.
For example, the FCC requested specific data and evidence on the following matters,
most of which could only come from the ICS providers:
x

what costs are associated with the per-call charge; ¶18

x

what are costs associated with call security; ¶19

x

support of or disproving per-minute rate caps are arbitrary and capricious; ¶21

x

provide alternate methodologies supported by sufficiently-detailed data; ¶25

x

what are current ratios of debit to collect calling in correctional facilities; ¶32

x

updated data on how much these site commissions are and how much they add to
the per-call costs; ¶37

x

provide data on the average number of calls that are blocked per month and the
reason for the blocking; ¶40

x

updated data from all interested parties and the public, but especially from ICS
providers; ¶43 (emphasis added)

x

most up-to-date information available regarding interstate ICS rates to aid us in
developing a clearer understanding of the ICS market. This includes per-call and
per-minute rates, information on commissions and what percentage of a rate they
comprise, the number of disconnected calls, the average length of calls, and how
calls break out by type, i.e. collect, prepaid and debit; ¶43

x

The ICS Provider Proposal also provides no information about the geographic
distribution of facilities in the sample, the distribution between state prisons and
local prisons (jails), and the distribution between public and privately
administrated facilities. Information about these facilities characteristics would
be relevant to analyzing whether the sample is representative; ¶44, nt. 148 and

x

specific analysis and facts to support any claims of significant costs or benefits
associated with the proposals herein. ¶48

Despite the clarity with which the FCC made these requests, almost all of the ICS providers
elected not to provide specific data and evidence, and clearly articulated their lack of interest in
responding to the FCC’s direct call to do so. 25

24

NPRM, 27 FCC Rcd at 16,645.
8

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Martha Wright, et al
lee.petro@dbr.com
Lee G. Petro
Drinker Biddle & Reath, LLP

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