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Federal Register/Vol. 85, No. 206/Friday, October 23, 2020/Rules 67450 Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Rules and Regulations dispatchable location is conveyed to a List of Subjects calling services. For the limited Public Safety Answering Point (PSAP) circumstances in which the components 47 CFR Part 9 with a 911 call, regardless of the may be distinguished, inmate service technological platform used. Based on Communications; Communications providers are subject to the the directive in section 506 of RAY common carriers, Communications Commission’s ancillary service charge BAUM’S Act, the Commission adopted equipment, Reporting and rules, which constrain providers to only dispatchable location requirements that recordkeeping requirements, Satellites, five specific types of ancillary service in effect modified the existing Security measures, charges and related fee caps. The Telecommunications, Telephone. information collection requirements Commission also reinstated its rule prohibiting providers from marking up applicable to VRS, IP Relay, and 47 CFR Part 64 mandatory taxes or fees and adopted covered IP CTS by improving the Individuals with disabilities, rule changes in response to the D.C. options for providing accurate location Telecommunications, Circuit that clarify that the information to PSAPs as part of 911 Telecommunications relay services. Commission’s inmate calling service calls. Federal Communications Commission. rate and fee cap rules apply only to Fixed internet-based TRS devices Marlene Dortch, interstate and international inmate must provide automated dispatchable calling services. Secretary, Office of the Secretary. location. For non-fixed devices, when DATES: The rules adopted in this dispatchable location is not technically For the reasons discussed in the document take effect on November 23, feasible, internet-based TRS providers preamble, the Federal Communications 2020. may fall back to Registered Location or Commission amends 47 CFR part 9 as ADDRESSES: Federal Communications provide alternative location follows: Commission, 445 12th Street SW, information. As a last resort, internet- PART 9—911 REQUIREMENTS Washington, DC 20554. based providers may route calls to FOR FURTHER INFORMATION CONTACT: Emergency Relay Calling Centers after ■ 1. The authority citation for part 9 Amy Goodman, Pricing Policy Division making a good faith effort to obtain continues to read as follows: of the Wireline Competition Bureau, at location data from all available Authority: 47 U.S.C. 151–154, 152(a), (202) 418–1549 or via email at alternative location sources. 155(c), 157, 160, 201, 202, 208, 210, 214, 218, [email protected]. Dispatchable location means a location 219, 222, 225, 251(e), 255, 301, 302, 303, 307, SUPPLEMENTARY INFORMATION: This is a delivered to the PSAP with a 911 call 308, 309, 310, 316, 319, 332, 403, 405, 605, final rule summary of the Commission’s that consists of the validated street 610, 615, 615 note, 615a, 615b, 615c, 615a– Report and Order, released August X, 1, 616, 620, 621, 623, 623 note, 721, and 2020. A full-text version of this address of the calling party, plus 1471, unless otherwise noted. additional information such as suite, document can be obtained from the apartment or similar information § 9.14 [Amended] following internet address: https:// docs.fcc.gov/public/attachments/FCC- necessary to adequately identify the ■ 2. Amend § 9.14 by removing 20-111A1.pdf. location of the calling party. Automated paragraph (f). dispatchable location means automatic [FR Doc. 2020–21316 Filed 10–22–20; 8:45 am] Synopsis generation of dispatchable location. BILLING CODE 6712–01–P I. Introduction Alternative location information is 1. The Communications Act divides location information (which may be jurisdiction for regulating coordinate-based) sufficient to identify FEDERAL COMMUNICATIONS communications services, including the caller’s civic address and COMMISSION inmate calling services, between the approximate in-building location, 47 CFR Part 64 Commission and the states. Specifically, including floor level, in large buildings. the Act empowers the Commission to On January 31, 2020, the Commission [WC Docket No. 12–375, FCC 20–111; FRS regulate interstate communications released Structure and Practices of the 17047] services and preserves for the states Video Relay Service Program; jurisdiction over intrastate Rates for Interstate Inmate Calling communications services. Because the Telecommunications Relay Services and Services Speech-to-Speech Services for Commission has not always respected Individuals with Hearing and Speech AGENCY: Federal Communications this division, the U.S. Court of Appeals Disabilities, FCC 20–7, published at 85 Commission. for the District of Columbia Circuit has FR 27309, May 8, 2020 (VRS At-Home ACTION: Final rule. twice remanded the agency’s efforts to Call Handling Order). The Commission address rates and charges for inmate SUMMARY: In this document, the amended its rules to convert the VRS at- calling services. Commission continues to 2. Today, the Commission responds to home call handling pilot program into a comprehensively reform inmate calling the court’s remands and takes action to permanent one, thereby allowing CAs to services rates and charges to ensure just comprehensively reform inmate calling work from home. To ensure user privacy and reasonable rates for interstate and services rates and charges. First, the and call confidentiality and to help international inmate calling services. In Commission addresses the D.C. Circuit’s prevent waste, fraud, and abuse, the response to a directive from the United directive that it consider whether modified information collections States Court of Appeals for the District ancillary service charges—separate fees include requirements for VRS providers of Columbia Circuit, the Commission that are not included in the per-minute to apply for certification to allow their determined that, except in limited rates assessed for individual inmate communications assistants to handle circumstances, it is impractical to calling services calls—can be segregated calls while working at home; monitoring separate out the intrastate and intrastate into interstate and intrastate and oversight requirements; and components of ancillary service charges components for the purpose of reporting requirements. imposed in connection with inmate excluding the intrastate components VerDate Sep<11>2014 16:19 Oct 22, 2020 Jkt 253001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\23OCR1.SGM 23OCR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Rules and Regulations 67451 from the reach of its rules. The Act. This regulatory authority includes Commission attempted to adopt a Commission finds that ancillary service ensuring that ‘‘[a]ll charges, practices, comprehensive framework for interstate charges generally cannot be practically classifications, and regulations for and and intrastate inmate calling services. segregated between the interstate and in connection with’’ interstate or More specifically, the Commission intrastate jurisdictions except in the international communications services adopted limits on ancillary service limited number of cases where, at the are ‘‘just and reasonable’’ in accordance charges; set rate caps for interstate and time a charge is imposed and the with section 201(b) of the Act. Section intrastate inmate calling services calls; consumer accepts the charge, the call to 201(b) also provides that ‘‘[t]he extended the interim interstate rate caps which the service is ancillary is a Commission may prescribe such rules it adopted in 2013 to intrastate calls clearly intrastate-only call. As a result, and regulations as may be necessary in pending the effectiveness of the new inmate calling services providers are the public interest to carry out’’ these rate caps; and sought comment on generally prohibited from imposing any provisions. whether and how to reform rates for ancillary service charges other than 6. Section 2(b) of the Act preserves for international inmate calling services those permitted by the Commission’s the states jurisdiction over ‘‘charges, calls. The Commission also addressed rules and providers are generally classifications, practices, services, inmate calling services providers’ ability prohibited from imposing charges in facilities, or regulations for or in to recover mandatory applicable pass- excess of the Commission’s applicable connection with intrastate through taxes and regulatory fees. ancillary service fee caps. communication service.’’ The Additionally, the Commission adopted a 3. The Commission believes that its Commission is thus ‘‘ ‘generally Second Mandatory Data Collection to actions today will ensure that rates and forbidden from entering the field of enable it to identify trends in the market charges for interstate and international intrastate communication service, and adopt further reform, and it inmate calling services are just and which remains the province of the required inmate calling services reasonable as required by section 201(b) states.’ ’’ Stated differently, section 2(b) providers to annually report information of the Act and thereby enable ‘‘erects a presumption against the on their operations, including their incarcerated individuals and their loved Commission’s assertion of regulatory current interstate, intrastate, and ones to maintain critical connections. At authority over intrastate international rates and their current the same time, given
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