Da 25-23

Federal Communications Commission

DA 25-23

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Incarcerated People’s Communications Services;
Implementation of the Martha Wright-Reed Act
Rates for Interstate Inmate Calling Services

)
)
)
)
)
)

WC Docket No. 23-62
WC Docket No. 12-375

ORDER
Adopted: January 8, 2025

Released: January 8, 2025

By the Chief, Wireline Competition Bureau, and the Chief, Consumer and Governmental Affairs Bureau:
I.

INTRODUCTION

1.
By this Order, the Wireline Competition Bureau (WCB) and the Consumer and
Governmental Affairs Bureau (CGB) (collectively, the Bureaus) revise the instructions, reporting
templates, and certification form for the Annual Reports that providers of incarcerated people’s
communications services (IPCS) are required to submit.1 The revisions we implement today primarily
incorporate the expanded Commission authority under the Martha Wright-Reed Just and Reasonable
Communications Act of 2022 (Martha Wright-Reed Act or Act),2 and largely adopt the proposals
contained in the August 2023 Public Notice and September 11, 2024 Public Notice,3 with certain
refinements and modifications made in response to comments in support of streamlining reporting
obligations. Our revisions also reflect the Commission’s expanded authority under the Martha WrightReed Act,4 as well as the reporting requirements proposed in the 2023 August Public Notice regarding
access to IPCS by persons with communication disabilities, including access to Telecommunications
Relay Service (TRS).5

1

47 CFR § 64.6060(a).

Martha Wright-Reed Just and Reasonable Communications Act of 2022, Pub. L. No. 117-338, 136 Stat. 6156
(2022); Incarcerated People’s Communications Services; Implementation of the Martha Wright-Reed Act; Rates for
Interstate Inmate Calling Services, WC Docket Nos. 23-62 and 12-375, Report and Order, Order on
Reconsideration, Clarification and Waiver, and Further Notice of Proposed Rulemaking, FCC 24-75, at 296-98,
paras. 569-72 (rel. July 22, 2024) (2024 IPCS Order or Order or 2024 IPCS Notice).
2

Wireline Competition Bureau and Consumer and Governmental Affairs Bureau Seek Comment on Revisions to
Providers’ Annual Reporting and Certification Requirements, WC Docket Nos. 23-62 and 12-375, Public Notice, 38
FCC Rcd 6732 (WCB/CGB 2023) (August 2023 Public Notice); Incarcerated People’s Communications Services;
Implementation of the Martha Wright-Reed Act; Rates for Interstate Inmate Calling Services, WC Docket Nos. 2362 and 12-375, Public Notice, DA 24-918 (WCB/CGB Sept. 11, 2024) (September 11, 2024 Public Notice).
3

4

Martha Wright-Reed Act; 2024 IPCS Order at 296-98, paras. 569-72.

Rates for Interstate Inmate Calling Services, WC Docket No. 12-375, Fourth Report and Order and Sixth Further
Notice of Proposed Rulemaking, 37 FCC Rcd 11900, 11922-24, paras. 47-62 (2022) (2022 ICS Order or 2022 ICS
Notice); see August 2023 Public Notice, 38 FCC Rcd at 6738 (describing proposed modifications to reporting
obligations regarding disability access and related considerations).
5

Federal Communications Commission
II.

DA 25-23

BACKGROUND

2.
The Commission requires IPCS providers to make annual filings, which “enable the
Commission and the public to monitor pricing practices and trends in the IPCS marketplace generally.”6
In 2015, pursuant to delegated authority,7 WCB created a standardized reporting template (FCC Form
2301(a)) for the Annual Reports and a related certification form (FCC Form 2301(b)), as well as
instructions to guide providers through the reporting and certification process.8 WCB amended the
instructions, reporting templates, and certification form in 2020 in order to improve the type and quality
of the information collected.9 In 2022, WCB again amended the instructions, reporting template, and
certification form to reflect the reforms adopted in the 2021 ICS Order, including lower interim rate caps
for interstate inmate calling services (ICS) calls,10 new interim rate caps for international ICS calls, and a
rate cap structure that requires ICS providers to differentiate between legally mandated and contractually
required site commissions.11
3.
Subsequent developments require additional changes to the instructions, reporting
template, and certification form.12 First, in September 2022, the Commission adopted the 2022 ICS
Order, which included requirements to improve access to communications services for incarcerated
people with communication disabilities and expanded the scope of the Annual Reports to reflect those

2024 IPCS Order at 294, para. 565. These annual filings are referred to herein as “Annual Reports.” 47 CFR
§ 64.6060(a).
6

Rates for Interstate Inmate Calling Services, WC Docket No. 12-375, Second Report and Order and Third Further
Notice of Proposed Rulemaking, 30 FCC Rcd 12763, 12891-92, paras. 267-68 (2015) (2015 ICS Order).
7

See id.. See generally IPCS Annual Reporting Form Word Template (Appx. A) (Current), WC Docket Nos. 23-62
and 12-375, https://www.fcc.gov/general/ipcs-data-collections (last visited Jan. 7, 2025) (Word Template); IPCS
Annual Reporting Form Excel Template (Appx. B) (Current), WC Docket Nos. 23-62 and 12-375,
https://www.fcc.gov/general/ipcs-data-collections (last visited Jan. 7, 2025) (Excel Template); IPCS Annual
Reporting and Certification Instructions (Current), WC Docket Nos. 23-62 and 12-375
https://www.fcc.gov/general/ipcs-data-collections (last visited Jan. 7. 2025) (Instructions or Certification
Instructions); IPCS Annual Report Certification Form (Appx. C) (Current), WC Docket Nos. 23-62 and 12-375,
https://www.fcc.gov/general/ipcs-data-collections (last visited Jan. 7, 2025) (Certification Form).
8

See Wireline Competition Bureau Announces OMB Renewal of Information Collection Concerning Inmate Calling
Services, WC Docket No. 12-375, Public Notice, 35 FCC Rcd 1456 (WCB 2020).
9

In the 2024 IPCS Order, the Commission adopted the use of the terms “incarcerated people’s communications
services” and “IPCS,” in place of “inmate calling services” or “ICS,” to refer to “the broader range of
communications services subject to the Commission’s jurisdiction as a result of the [Martha Wright-Reed] Act.”
2024 IPCS Order at 291, para. 557 (quoting Incarcerated People’s Communications Services; Implementation of the
Martha Wright-Reed Act; Rates for Interstate Inmate Calling Services, WC Docket Nos. 23-62 and 12-375, Notice of
Proposed Rulemaking and Order, 38 FCC Rcd 2669, 2700, para. 80 (2023) (2023 IPCS Notice or 2023 IPCS Order).
10

Rates for Interstate Inmate Calling Services, WC Docket No. 12-375, Third Report and Order, Order on
Reconsideration, and Fifth Further Notice of Proposed Rulemaking, 36 FCC Rcd 9519 (2021) (2021 ICS Order).
The reforms also included expanded consumer disclosure requirements, as well as new reporting requirements for
ICS providers seeking waiver of the Commission’s interstate and international rates. Id. In December 2021, WCB
released a Public Notice proposing to implement the reforms adopted in the 2021 ICS Order. See Wireline
Competition Bureau Seeks Comment on Revisions to Annual Reporting and Certification Requirements for ICS
Providers, WC Docket No. 12-375, Public Notice, 36 FCC Rcd 17685 (WCB 2021). After considering the
comments and replies submitted in response to the Public Notice, WCB released an Order revising the instructions,
reporting template and certification form. Rates for Interstate Inmate Calling Services, WC Docket No. 12-375,
Order, 37 FCC Rcd 7558 (WCB 2022).
11

12

FCC Form 2301(a) is presently comprised of an Excel template and a Word template.

2

Federal Communications Commission

DA 25-23

new requirements.13 Specifically, the Commission required ICS providers to list, at a minimum, for each
facility served, the types of TRS that can be accessed from the facility and the number of completed calls
and complaints for TTY-to-TTY calling, point-to-point American Sign Language (ASL) video calls, and
each type of TRS for which access is provided.14 The Commission also eliminated the safe harbor,
adopted in 2015, that had exempted providers from any TRS-related reporting requirements if they either
(1) operated in a facility that allowed the offering of additional forms of TRS beyond those mandated by
the Commission or (2) had not received any complaints related to TRS calls.15 The Commission found
that the safe harbor was no longer appropriate given the expanded reporting requirements for additional
forms of TRS, and the importance of transparency regarding the state of accessible communications in
incarceration settings.16 The Commission delegated authority to the Bureaus to implement the expanded
reporting obligations and to develop a reporting form that would most efficiently and effectively elicit the
required information.17
4.
Second, on January 5, 2023, the President signed into law the Martha Wright-Reed Act,
which expanded the Commission’s statutory authority over communications between incarcerated people
and the non-incarcerated, including “any audio or video communications service used by inmates . . .
regardless of technology used.”18 The new Act also amended section 2(b) of the Communications Act of
1934, as amended (the Communications Act), to make clear that the Commission’s authority extends to
intrastate as well as interstate and international communications services used by incarcerated people.19
5.
The Act directed the Commission to “promulgate any regulations necessary to
implement” the Act, including its mandate that the Commission establish a “compensation plan” ensuring
that all rates and charges for IPCS “are just and reasonable,” not earlier than 18 months and not later than
24 months after the Act’s January 5, 2023 enactment date.20 The Act also required the Commission to
consider, as part of its implementation, the costs of “necessary” safety and security measures, as well as
“differences in costs” based on facility size, or “other characteristics.”21 It also allowed the Commission
to “use industry-wide average costs of telephone service and advanced communications services and the
average costs of service of a communications service provider” in determining just and reasonable rates. 22
6.
Pursuant to the directive that the Commission implement the new Act and ensure just and
reasonable rates and charges for IPCS, the Commission adopted the 2023 IPCS Notice, seeking comment
See 2022 ICS Order at 11922-11924, paras. 47-52; 47 CFR § 64.6040(b) (expanding access requirements for
incarcerated persons with communication disabilities). Among the numerous reforms, the Commission required all
ICS providers to provide access to all relay services eligible for TRS Fund support in any facility where broadband
is available and where the average daily population incarcerated in that jurisdiction (i.e., in that city, county, state, or
the United States) totals 50 or more persons. See 2022 ICS Order, 37 FCC Rcd at 11902, para. 3. The Commission
also adopted targeted reforms to lessen the financial burden on incarcerated people and their loved ones when using
calling services. Id. at 11902, para. 4.
13

14

2022 ICS Order, 37 FCC Rcd at 11922, para. 48.

Id. at 11923-24, para. 51 (citing the 2015 ICS Order, 30 FCC Rcd at 12883, para. 246). A provider that fell
within the safe harbor was required to include a certification from an officer of the company stating which prong(s)
of the safe harbor it had met. 2022 ICS Order, 37 FCC Rcd at 11924, para. 51.
15

16

2022 ICS Order, 37 FCC Rcd at 11924, para. 51.

17

Id. at 11924, para. 52.

18

Martha Wright-Reed Act § 2(a)(2), (b).

19

Id. § 2(c).

20

Id. §§ 2, 3(a); 47 U.S.C. § 276(b)(1)(A).

21

Martha Wright-Reed Act § 3(b)(2).

22

Id. § 3(b)(1).

3

Federal Communications Commission

DA 25-23

on how to interpret the Act’s language to ensure that the Commission implemented the statute in a
manner that fulfilled Congress’s directives.23 The Commission also adopted the 2023 IPCS Order, in
which it reaffirmed and updated its prior delegation of authority to the Bureaus to modify, supplement,
and update the instructions and templates for the Annual Reports.24 On August 3, 2023, we released a
Public Notice seeking comment on proposed revisions to the instructions and templates for the annual
reports and annual certifications.25 We received several comments in response to the August 2023 Public
Notice.26
7.
Third, in July 2024, the Commission adopted the 2024 IPCS Order, which implemented
the expanded authority granted to the Commission by the Martha Wright-Reed Act.27 In that Order, the
Commission revised its rules by, inter alia:
•
•
•
•
•
•
•

Adopting permanent rate caps for audio IPCS and interim rate caps for video IPCS;
Adopting new facility tiers for both audio and video IPCS;
Prohibiting providers from imposing any ancillary service charges on IPCS consumers;
Prohibiting providers from making site commission payments associated with IPCS;
Allowing providers to offer alternate pricing plans for IPCS subject to certain conditions;
Revising and strengthening existing consumer disclosure and inactive account
requirements; and
Revising and strengthening IPCS accessibility requirements for incarcerated people with
disabilities.28

8.
The 2024 IPCS Order also modified the scope and content of the annual reporting
requirements to reflect the reforms adopted under the Martha Wright-Reed Act.29 The Commission
expanded its annual reporting and certification requirements to include the full scope of services and
providers now subject to the IPCS rules.30 The Commission also eliminated the sections of the annual
reporting rules mandating the reporting of information on ancillary service charges and site commissions,
to reflect the prohibitions of those items adopted in the 2024 IPCS Order.31 Finally, the Commission
reaffirmed and updated its prior delegation of authority to the Bureaus to revise the requirements for the
Annual Reports, to reflect the Commission’s expanded authority under the Martha Wright-Reed Act and
the other actions taken in the 2024 IPCS Order, and directed the Bureaus to pay particular attention to the
video IPCS marketplace and the availability and usage of Telecommunications Relay Services (TRS) in
exercising this delegated authority.32

23

See generally 2023 IPCS Notice, 38 FCC Rcd 2669.

24

2023 IPCS Order, 38 FCC Rcd at 2702, para. 86.

25

See generally August 2023 Public Notice.

We received comments or reply comments in response to the August 2023 Public Notice from Securus
Technologies, LLC (Securus), Global Tel*Link Corporation d/b/a ViaPath Technologies (ViaPath), and Pay Tel
Communications, Inc. (Pay Tel).
26

27

See generally 2024 IPCS Order.

28

See id, at 3-4, paras. 3-4.

29

Id. at 296-300, paras. 565-70.

30

See id. at 298, para. 569.

See id. at 298, para. 570. The Commission also retained the rules describing the reporting requirements
concerning TRS and related communications services, but renumbered them.
31

32

See id. at 299-300, paras. 571-72.

4

Federal Communications Commission

DA 25-23

9.
Pursuant to this updated delegated authority, we released the September 2024 Public
Notice seeking to “expand and refresh the record on revisions to the Annual Report instructions,
templates, and certification form, in addition to those proposed in the August 2023 Public Notice, and to
implement the modifications to the annual reporting and certification requirements adopted by the
Commission in the 2024 IPCS Order.”33 The Bureaus also sought comment on “any additional
modifications the Bureaus should consider to make these forms consistent with the new rules, including
the varied compliance dates adopted in the 2024 IPCS Order” for the Commission’s rate cap and site
commission reforms.34 We received comments from IPCS providers and public interest advocates.35
III.

DISCUSSION

10.
Pursuant to our delegated authority, we adopt revised instructions and templates for the
Annual Reports and certifications for IPCS providers attached hereto as Appendix A.36 These instructions
and templates largely follow the proposals in the August 2023 Public Notice and the September 2024
Public Notice, with revisions to both enhance the value and usefulness of the Annual Reports and reduce
existing or proposed reporting burdens, while continuing to enable the Commission to monitor the IPCS
marketplace. To that end, we expect the detailed instructions and templates we adopt herein to result in
reports that provide the Commission, its state counterparts, and the public with a clearer, more complete
picture of IPCS providers’ service offerings than was available under prior Annual Reports, while on
balance decreasing reporting burdens on providers. The changes we make to the instructions and
templates will bring increased transparency to IPCS providers’ rates, charges, and practices, help ensure
compliance with the Commission’s IPCS rules, and allow the Commission to “monitor pricing practices
and trends in the IPCS marketplace generally.”37
A.

Overall Structure of the Annual Reporting and Certification Requirements

11.
Pursuant to our delegated authority, we revise the Annual Report instructions, templates,
and certification form to reflect the Commission’s 2022 amendments to the Annual Reports rule38 and to
include the additional services and providers now subject to the Commission’s authority under the Martha
Wright-Reed Act.39 We also implement additional improvements based on our experience reviewing

33

September 11, 2024 Public Notice at 2.

34

Id. at 2-3.

We received comments or reply comments in response to the September 11, 2024 Public Notice from Securus;
ViaPath; the late Martha Wright, Ulandis Forte, Ethel Peoples, Laurie Lamancusa, Dedra Emmons, Charles Wade,
Earl Peoples, Darrell Nelson, and Jackie Lucas (Wright Petitioners); Worth Rises, Inc. (Worth Rises); Pay Tel; and
the United Church of Christ Media Justice Ministry (UCC Media Justice).
35

Appendix A provides a link to the instructions and reporting templates. The reporting template consists of a Word
document and Excel spreadsheets. For simplicity, we refer to these respective portions of the reporting template as
the Word template and the Excel template.
36

2024 IPCS Order at 294-95, para. 565. See also Wright Petitioners Comments, WC Docket Nos. 23-62 and 12375, at 1-2 (rec. Nov. 4, 2024) (Wright Petitioners Nov. 4, 2024 Comments) (“The annual reports enhance
transparency and the accountability of IPCS providers[.]”); ViaPath Comments, WC Docket Nos. 23-62 and 12-375,
at 2 (rec. Nov. 4, 2024) (ViaPath Nov. 4, 2024 Comments) (the annual reports “enable the Commission to monitor
and track trends in the IPCS marketplace, increase provider transparency, and ensure compliance with the
Commission’s IPCS rules”); Wright Petitioners Reply, WC Docket Nos. 23-62 and 12-375, at 1 (rec. Dec. 9, 2024)
(Wright Petitioners Dec. 9, 2024 Reply) (“[T]he annual reports are a valuable resource and should be utilized to
advance the Commission’s oversight of IPCS.”).
37

38

2022 ICS Order, 37 FCC Rcd at 11922-24, paras. 47-52; id. at 11977, Appx. B, § 64.6060(a)(5)-(7).

2023 IPCS Notice, 38 FCC Rcd at 2671, para. 4; Martha Wright-Reed Act § 2(a)(2), (b), (c); 47 U.S.C. §§ 152(b),
153(1)(E), 276(b)(1)(A), (d). These revised instructions and the associated template and certification form will
(continued….)
39

5

Federal Communications Commission

DA 25-23

prior Annual Reports, such as simplifying the collection in some respects, revising the instructions to
facilitate providers’ compliance with the collection. These improvements will make the submitted reports
more useful to the Commission and consumers.
12.
As a general matter, we maintain the existing Excel-format template and Word-format
template for the Annual Reports to better separate providers’ data and narrative responses. We likewise
retain the certification form with minor revisions.
13.
General Categories of Information Requested. The revised instructions, like those for
prior Annual Reports, require providers to submit certain types of information related to their operations,
IPCS rates, and disability access, including data regarding their interstate, intrastate, and international
audio and video IPCS rates.
14.
In the August 2023 Public Notice, we proposed to expand the Annual Reports to collect
information regarding video IPCS in light of the Martha Wright-Reed Act and to implement the expanded
reporting obligations for TRS adopted in the 2022 ICS Order.40 In response to that public notice, Securus
argued that it was premature to collect such information, because at that time (i.e., September 2023) “[t]he
Commission’s codified rules . . . d[id] not authorize the collection and reporting of this information.”41
With regard to video IPCS, Securus argued that the codified version of section 64.6060 then in effect, was
limited to “inmate calling services” and thus did not encompass video services.42 And with regard to
reporting on TRS obligations, Securus argued that while the 2022 ICS Order “expanded the reporting
obligations in the Annual Report to include the advanced forms for TRS and point-to-point video, those
reporting rules [had been] delayed indefinitely pending OMB approval.”43
15.
In subsequent advocacy in response to the September 2024 Public Notice, Securus does
not challenge the collection of information regarding video IPCS or TRS.44 In the 2024 IPCS Order, the
Commission adopted regulations, including interim rate caps and a per-minute rate requirement,
applicable to video IPCS and explicitly amended the scope and content of section 64.6060 to reflect the
expansion of the Commission’s jurisdiction over advanced communications services, including video
services.45 The Commission also “retain[ed] the reporting requirements concerning TRS and related
communications services in section 64.6060(a)(5)-(7), but renumber[ed] them as section 64.6060(a)(2)(4).”46 We find these actions address the concerns raised by Securus in connection with the August 2023
Public Notice.

(Continued from previous page)
consolidate and supplant the instructions and template for earlier iterations of the Annual Report instructions,
template, and certification form.
August 2023 Public Notice, 38 FCC Rcd at 6732; see Securus Comments, WC Docket Nos. 23-62 and 12-375, at
2 (rec. Sept. 8, 2023) (Securus Sept. 8, 2023 Comments).
40

41

Securus Sept. 8, 2023 Comments at 2.

42

See id. at 2-3.

43

Id. at 3.

See generally Securus Comments, WC Docket Nos. 23-62 and 12-275 (rec. Nov. 4, 2024) (Securus Nov. 4, 2024
Comments).
44

45

2024 IPCS Order at 296-97, paras. 569-570.

Id. at 297, para. 570. With regard to TRS reporting, “Securus supports the current version of the TRS-related
annual reporting revisions as set forth in 64.6060(a)(2)-(4).” Securus Nov. 4, 2024 Comments at 2. The Office of
Management and Budget (OMB) approved the TRS requirements adopted in the 2022 ICS Order. See Wireline
Competition Bureau Announces that a Rule Adopted in the 2022 ICS Order Requiring Certain TRS Obligations is
Now Effective, WC Docket Nos. 23-62 and 12-375, Public Notice, 39 FCC Rcd 306 (WCB 2024).
46

6

Federal Communications Commission
B.

DA 25-23

Specific Data and Information Inquiries
1.

Definitions

16.
We adopt the new and revised definitions in the instructions that we proposed in the
August 2023 Public Notice with modifications as discussed below. These new and revised definitions
reflect the Commission’s expanded authority over IPCS pursuant to the Martha Wright-Reed Act. In the
2024 IPCS Order, the Commission revised section 64.6060(a) “so the annual reporting requirement
applies to IPCS providers, rather than the more limited universe of ICS providers.”47 This change “makes
providers of video IPCS and advanced communications services not previously covered by [the
Commission’s] IPCS rules subject to the annual reporting requirement.”48 Accordingly, and in response
to comments in the record, the definitions in the instructions have been revised to “encompass all IPCS
providers offering any type of IPCS – audio or video, interstate/international or intrastate – regardless of
the technology used to provide the service.”49 We agree with ViaPath that “[a]ll IPCS providers must be
subject to the same set of rules,” including the annual reporting and certification obligations.50 To
eliminate any potential doubt, we take this opportunity to emphasize that all providers that meet the
Commission’s definition of a “Provider” are required to comply with the Commission’s IPCS rules,
including the annual reporting and certification obligations.51
17.
Definition of Audio IPCS. Securus points out that “the definition of Audio IPCS includes
all TRS services, including video relay and point to point video.”52 Securus suggests that we “clarify that
for purposes of reporting rates in tabs C through E [of the Excel template], the rates exclude any rates
associated with TRS.”53 Securus argues that “[a]bsent this clarification the tabs providing rate
information for Audio IPCS could be misinterpreted as applying to all TRS services.”54 Securus notes
that Tab L of the Excel template is used for reporting billed revenues for TTY-based services.55 We agree
and clarify that in reporting audio IPCS rates in Tabs C and D, the rates exclude any rates associated with
TRS.56
18.
Definition of Video IPCS. ViaPath argues that we should revise the definition of “Video
IPCS” in the instructions such that certain content-based video programming is treated similarly

47

2024 IPCS Order at 297, para. 570 (emphasis in original).

48

Id.

49

ViaPath Nov. 4, 2024 Comments at 5-6.

Id. at 6; see also Securus Reply, WC Docket Nos. 23-62 and 12-375, at 9 (rec. Dec. 9, 2024) (Securus Dec. 9,
2024 Reply) (“[T]he Bureaus must ensure that all IPCS providers submit an annual report.”).
50

47 C.F.R § 64.6000. See also letter from Chérie R. Kiser and Angela F. Collins, Counsel to ViaPath, to Marlene
H. Dortch, Secretary, FCC, WC Docket Nos. 23-62 and 12-375, at 4 (filed Aug. 20, 2024) (affirming that the “new
IPCS rules ‘encompass[] every method that incarcerated people may presently, or in the future, use to communicate,
by wire or radio, by voice, sign language, or other audio or video media, without qualification’”) (citing 2024 IPCS
Order at 51-52, para. 98).
51

52

Securus Sept. 8, 2023 Comments at 9.

53

Id.

54

Id.

55Id.

We find that the proposed Tab E, which collected information on audio IPCS rates above the Commission’s rate
cap rules, is rendered unnecessary and duplicative as a result of our decision to require reporting on a highest rate
charged basis. Accordingly, we have removed Tab E from the Excel template and the related instructions and Word
template questions.
56

7

Federal Communications Commission

DA 25-23

regardless of whether it permits one-way or two-way communication.57 ViaPath argues that “some
educational or vocational courses allow the incarcerated person to speak to the professor or interact with
other classmates.”58 Securus adds that the exclusion of one-way content delivery “creates potential
confusion regarding the treatment of potential two-way content programming, such as educational
classes.”59 In the 2024 IPCS Order, the Commission found that “[w]here two or more people can use a
video conferencing service to share information with one another in real-time, that service is subject to
[the Commission’s] section 276 authority in the incarceration context” and that “[t]his authority also
extends to educational, vocational, or other programming in which incarcerated people participate in realtime in the incarceration context.”60 The Commission further found that “entertainment and other forms
of content that are not real-time communications services are not included in [the Commission’s]
authority over interoperable video conferencing.”61 Considering the Commission’s findings in the 2024
IPCS Order, which was released after ViaPath filed its 2023 comments, we amend the definition of
“Video IPCS” in the instructions to be consistent with that Order. Specifically, for purposes of the
Annual Reports, we revise the definition of Video IPCS in the instructions to exclude entertainment and
other forms of content that are not real-time communications.62
19.
Definition of Safety and Security Measures. In the 2024 IPCS Order, the Commission
determined which safety and security costs are used and useful in the provision of IPCS and included
those costs in the IPCS rate caps that it established.63 Given the Commission’s determination, we find it
unnecessary to collect information on safety and security measures through the Annual Reports, and
therefore delete the definition of Safety and Security Measures from the instructions we adopt here.
Consequently, we find that the concerns raised in the record regarding this definition are moot.64
2.

Facilities and Contract Information

20.
The Excel template that we adopt today includes a new worksheet that moves detailed
contract and facility information already collected on multiple worksheets throughout the Excel template
to Tab B. We find that collecting this granular information once on a single worksheet will help ensure
consistent facility and contract-level reporting, and eliminate the need to repeatedly enter such detailed
information on other worksheets throughout the Excel template, thereby reducing the burden on IPCS
providers. Below we address several targeted revisions to the reporting of facility and contract
information in the Excel template consistent with the record.

See ViaPath Comments, WC Docket Nos. 23-62 and 12-375, at 2-4 (rec. Sept. 8, 2023) (ViaPath Sept. 8, 2023
Comments); ViaPath Reply, WC Docket Nos. 23-62 and 12-375, at 2-3 (rec. Sept. 25, 2023) (ViaPath Sept. 25,
2023 Reply); see also Securus Reply, WC Docket Nos. 23-62 and 12-375, at 2-3 (rec. Sept. 25, 2023) (Securus Sept.
25, 2023 Reply) (agreeing with ViaPath’s suggestions concerning the definition of Video IPCS); Pay Tel Reply, WC
Docket Nos. 23-62 and 12-375, at 2-3 (rec. Sept. 25, 2023) (Pay Tel Sept. 25, 2023 Reply).
57

58

ViaPath Sept. 8, 2023 Comments at 4.

59

Securus Sept. 25, 2023 Reply at 3 (emphasis in original).

60

2024 IPCS Order at 50, para. 95.

61

Id. at 50 n.328.

We note that such services “may, however, be subject to [the Commission’s] authority under section 3(1)(E),
which is not limited to real-time communications services.” Id.
62

See, e.g., id. at 205, para. 386 (“We find two categories of safety and security costs to be generally used and
useful—Category 1: CALEA compliance measures; and Category 3: communications security services.”); see
generally id. at 205-220, paras. 384-407.
63

See ViaPath Sept. 8, 2023 Comments at 4 (arguing that the last sentence of the definition is “not necessary” and
“prejudges an issue under review by the Commission in the [Martha Wright-Reed Act] proceeding”); ViaPath Sept.
25, 2023 Reply at 2; Securus Sept. 25, 2023 Reply at 3; Pay Tel Sept. 25, 2023 Reply at 2.
64

8

Federal Communications Commission

DA 25-23

21.
Excel Template Tab A. Securus argues that “the number and breakdown of facilities by
type and size will produce numbers that will be over-inclusive of facilities at which an IPCS Provider
provides both Audio and Video IPCS, Audio IPCS-only, or Video IPCS-only.”65 We agree and have
revised Tab A to allow IPCS providers to more accurately report those facilities at which they offer only
audio IPCS, only video IPCS, or both.
22.
Excel Template Tab B. Securus recommends adding columns to Tab B of the Excel
template for providers to report whether they offer audio IPCS, video IPCS, or both at the facilities they
serve.66 We agree and simplify the recommendation by adding a single column with a drop-down menu
for providers to report the service or services offered.
23.
Excel Template Tabs C through L. Securus also suggests that using “a numerical contract
and facility identifier alone for Tabs C through L will require a user to constantly go back and forth from
Tab B to the other tabs to identify the applicable contract and facility.”67 To alleviate this concern,
Securus suggests that the Commission consider “some additional contracting or facility data to allow easy
reference from tab to tab” and “recommends including under the Contract and Facility Information
columns for the Contracting Authority, Facility Name and Facility State.”68 While providers are welcome
to add additional columns if it helps to ensure the accuracy of their filings, we decline to require providers
to report this additional information in order to minimize the reporting burden on IPCS providers.
3.

Audio and Video IPCS Rates

24.
We streamline the reporting of audio and video IPCS rates as discussed below. In doing
so, we modify the approach we proposed in the August 2023 Public Notice based on comments in the
record arguing that some of the proposed reporting requirements would be unnecessarily burdensome.69
We find that the revisions described below properly balance the need for the Commission to obtain data
sufficient to ensure compliance with its IPCS rules and inform the Commission of industry trends, while
reducing reporting burdens on IPCS providers where feasible. In addition to these revisions, and to
account for the staggered dates adopted by the Commission for providers’ compliance with the rate cap
and site commission reforms adopted in the 2024 IPCS Order, we require IPCS providers to report for
each facility, the date on which each facility became subject to the Commission’s new IPCS rate caps and
site commission reforms. We address each of these matters below.
25.
Interstate and Intrastate Audio and Video IPCS. In the August 2023 Public Notice, we
proposed to require IPCS providers to submit interstate and intrastate IPCS rates for audio services across
a number of categories, including: (i) highest 15-minute rate; (ii) highest year-end 15-minute rate; and
(iii) average per-minute rate.70 We also proposed using the same reporting approach for video IPCS
because “providers are already familiar with the[] reporting categories for audio IPCS” such that “using
the same rate reporting approach for video IPCS will help minimize burdens associated with reporting
this additional information regarding their video services.”71

65

Securus Sept. 8, 2023 Comments at 6.

66

Id.

67

Id. at 7.

68

Id.

See, e.g., id. at 6-10; Securus Nov. 4, 2024 Comments at 3-6; ViaPath Sept. 8, 2023 Comments at 5-6; ViaPath
Nov. 4, 2024 Comments at 4.
69

70

August 2023 Public Notice, 38 FCC Rcd at 6736.

71

Id. at 6737.

9

Federal Communications Commission

DA 25-23

26.
Some commenters contend that the proposed categories of rate data would be
unnecessarily burdensome.72 ViaPath argues that the burden imposed by the proposed categories of rate
data is not justified given the limited utility of the resulting data.73 ViaPath also notes that it “does not
maintain historical rate data in 15-minute increments.”74 To reduce the burden, ViaPath suggests that we
only require providers to report the highest per-minute rate charged at a facility during the calendar year
and eliminate the need for providers to calculate 15-minute increments.75 Securus contends that the
collection of rate data “can be significantly streamlined without impairing the ability of the Commission
to obtain meaningful information.”76 It argues that we should “require providers to identify their perminute rate for each facility and the cost of a 15-minute call” and suggests that we “abandon requiring the
highest year-end rates as those seldom differ and the relevance of that information is unclear.”77 Securus
also notes that “the current template is outdated as most providers no longer charge separate rates for the
first minute of a call and remaining minutes.”78
27.
We agree with ViaPath that “the highest per-minute rate charged at the facility during the
calendar year . . . will confirm whether an IPCS provider is in compliance with the Commission’s rate cap
rules in effect at that time.”79 Accordingly, we streamline the proposed rate categories to require IPCS
providers only to report their highest per-minute audio and video IPCS rates at each facility for the
calendar year. We eliminate the need to report rate information in 15-minute intervals, to calculate an
average per-minute rate, and to report the first minute rate and the rate for additional minutes. Nothing in
the record indicates that reporting interstate and intrastate audio and video IPCS rates in 15-minute
intervals or requiring the calculation of an average per-minute rate is necessary to ensure compliance with
the Commission’s rules. And, as ViaPath notes, these calculations may be “laborious” for certain
providers.80 Furthermore, as Securus notes, most providers no longer charge separate rates for the first
minute of a communication and remaining minutes, rendering this information of little utility in
determining compliance with the Commission’s IPCS rate caps.81 We are therefore persuaded that
streamlining the reporting in this way should provide the Commission with information sufficient to
determine providers’ compliance with its IPCS rules while reducing reporting burdens on IPCS providers.
28.
With regard to the reporting of video IPCS rates, Securus also argues that the proposed
Excel template for reporting video IPCS rates is “unsuited to supply meaningful rate information to the
Commission.”82 Securus explains that Tab F of the proposed Excel template “recognizes that providers’
72

See Securus Sept. 8, 2023 Comments at 7; Securus Sept. 25, 2023 Reply at 4; ViaPath Sept. 8, 2023 Comments at

5.
73

See ViaPath Sept. 8, 2023 Comments at 5.

74

Id.; ViaPath Nov. 4, 2024 Comments at 4-5.

75

See ViaPath Sept. 8, 2023 Comments at 6; Securus Sept. 25, 2023 Reply at 4 (supporting ViaPath’s proposal).

Securus Nov. 4, 2024 Comments at 4; see also ViaPath Reply, WC Docket Nos. 23-62 and 12-375, at 2 (rec. Dec.
9, 2024) (ViaPath Dec. 9, 2024 Reply) (urging the Bureaus to “eliminate unnecessary burdens on providers that
produce no corresponding public interest benefit or do not support the intended purpose of the Annual Report
requirement”).
76

77

Securus Nov. 4. 2024 Comments at 4.

78

Id.

79

ViaPath Nov. 4, 2024 Comments at 4.

80

Id.

Securus Nov. 4, 2024 Comments at 4. To the extent a provider charges a different first minute rate and that rate is
higher than the rate for subsequent minutes, that first minute rate would be reported as the highest per-minute rate
for that facility.
81

82

Securus Sept. 8, 2023 Comments at 7.

10

Federal Communications Commission

DA 25-23

unit of sale of Video IPCS may not be per-minute rates but per-session rates.”83 But, Securus contends
that the worksheet “requires providers to enter the cost of the session as if it was 15 minutes, no matter
the actual unit of sale.”84 Securus suggests that the Commission “have a method to enter per session rate
information or other alternatives to per minute billing that a provider may have been using.”85 Securus
also suggests that the “Commission should consider providing separate tabs to reflect the different ways
that providers charge for video services.”86
29.
We find that our approach to the reporting of video IPCS rate data in the instructions and
Excel template is consistent with reforms subsequently adopted in the 2024 ICS Order and therefore
moots the concerns Securus raised in 2023. For video IPCS rates, we require IPCS providers to begin
reporting those data as of November 19, 2024, which is the date on which the 2024 IPCS Order became
effective, including the requirement to offer video IPCS on a per-minute basis.87 Because we do not
require providers to report their IPCS video rates prior to the date on which they were required to begin
offering that service on a per-minute basis, we decline to adopt the proposed instructions or Excel
template that would enable providers to account for potential alternatives to per-minute rate structures that
IPCS providers may have been using prior to the effective date of the 2024 IPCS Order.
30.
We also adjust the reporting of interstate and intrastate audio and video IPCS rates. For
calendar year 2024, during which no intrastate rate caps were in effect, we require IPCS providers to
separately report their highest per-minute interstate and intrastate rates except to the extent that a
provider’s interstate and intrastate rates were the same, in which case they need not report separately for
each jurisdiction. To further assist providers in determining whether they must report separate interstate
and intrastate audio and video IPCS rates, we include a question in each tab of the Excel template in
which we seek interstate and intrastate rate data asking whether the provider’s interstate and intrastate
audio and video IPCS rates were the same. If so, the instructions make clear that the provider need not
fill in any duplicate or repetitive entries in that tab. We take a similar approach in connection with
international IPCS, as we discuss below.
31.
Finally, Securus suggests that we “eliminate the facility-rate in light of the changes in the
2024 IPCS Order,” which eliminated site commissions.88 We agree and remove that requirement from
the instructions and Excel template.
32.
International Audio and Video IPCS. We adjust the instructions and reporting templates
to streamline the reporting of international audio and video IPCS rates, consistent with the record.89
Securus notes that the “current template requires (on a per-facility basis) identification of international
calls by destination, and then the highest, first and additional minute rates and maximum and average
termination charge by [q]uarter.”90 Securus suggests that the “highly disaggregated nature of the

83

Id..

84

Id. at 7-8.

85

Securus Nov. 4, 2024 Comments at 5; Securus Sept. 8, 2023 Comments at 8.

86

Securus Sept. 8, 2023 Comments at 8.

Wireline Competition Bureau Announces Effective Dates of 2024 Incarcerated People’s Communications Services
Order and Comment Dates for 2024 Incarcerated People’s Communications Services Further Notice of Proposed
Rulemaking, Public Notice, DA 24-969, at 1 (WCB Sept. 20, 2024) (September 20, 2024 Public Notice); 2024 IPCS
Order at 63-64, para. 124; id. at 330, Appx. A, § 64.6010(a).
87

88

Securus Nov. 4, 2024 Comments at 4.

89

Id. at 5-6 (providing suggestions to streamline international rate information).

90

Id.

11

Federal Communications Commission

DA 25-23

international rate reporting is thus highly burdensome and requires reporting of insignificant detail.”91 To
streamline the reporting of international rate information, Securus recommends that the Excel template
have two tabs: one for facility information and a second for termination charges.92 The first tab would
initially ask if a facility allows international calling.93 A “no” answer would eliminate the need for further
reporting of international rate data for that facility.94 Another question would ask whether the interstate
portion of the international rate is the same as the applicable interstate rate.95 A “yes” answer would
mean the provider would not need to report further information regarding the interstate portion of the
international rate, while a “no” answer would be subject to further explanation in the Word template.96
Another column would determine whether any rates are above the applicable rate caps and would require
specifying rates only if the provider indicates that a rate is above the rate cap.97 In the second tab,
providers would report their average quarterly termination charges for each international destination.98 In
connection with video IPCS, Securus suggests the addition of a preliminary question asking whether the
provider offers international video IPCS.99 If a provider answers “no,” then there would be no need to
complete that relevant tab.100 Finally, Securus suggests that we clarify the proposed requirement to
explain how IPCS providers market video IPCS to consumers, including any bundles.101
33.
We adopt a modified version of Securus’s proposal, which we find will substantially
streamline the reporting of international audio and video IPCS rates while at the same time providing the
Commission with sufficient data with which to determine compliance with its IPCS rules and monitor
industry trends. As an initial matter, we adopt Securus’s proposal that we request quarterly international
termination data by destination rather than by facility.102 This change will eliminate the need for
providers to provide data on each international destination at each facility.
34.
We ask two preliminary questions in the Excel template about whether IPCS providers
offer international audio or video IPCS. The first is in Tab C, where providers are instructed to indicate if
they offer international audio IPCS at each facility they serve. If a provider answers “no” for a given
facility then the provider is not required to complete the international audio IPCS information in Tab D
for that facility. Then in Tab E, providers are instructed to indicate whether they offer international video
IPCS at each facility they serve. If the answer is “no” for a given facility then the provider is not required
to complete the international video IPCS information in Tab F for that facility. Cumulatively, if a
provider does not offer any international video IPCS at any facility it serves, that provider will not be
required to complete the Excel Tab F for international video IPCS. We find that these preliminary
questions will help to streamline the reporting of international rate information as Securus suggests.
35.

To streamline reporting obligations in connection with international audio IPCS, we

91

Id.

92

Id.

93

Id.

94

Id.

95

Id.

96

Id. at 5-6.

97

Id. at 5.

98

Id. at 6.

99

Securus Sept. 8, 2023 Comments at 9.

100

Id.

101

Id.

102

Securus Nov. 4, 2024 Comments at 6.

12

Federal Communications Commission

DA 25-23

instruct providers to indicate whether the rate for the interstate portion of the international rate is the same
as the applicable interstate rate the provider charges. If the provider answers “yes,” the instructions
explain that the IPCS provider does not need to report its highest interstate per-minute rates in Tab D for
each calendar quarter. This question reduces the need for providers to enter the same information twice.
If a provider answers “no” we have included a Word template question directing providers to explain how
the interstate portion of its international rate differed from its interstate rate.103 We then direct providers
to report termination charges on a quarterly basis for each international destination, as suggested by
Securus.104
36.
To streamline reporting obligations in connection with international video IPCS, we
adopt a similar reporting structure as for international audio IPCS, however with additional questions
intended to more accurately capture the development, deployment, and marketplace practices for video
IPCS. We include a question in Tab F asking whether a provider’s international video IPCS rates are the
same as its interstate video rates. As indicated in the revised instructions, a provider should select “yes”
only if its interstate rates are the same as its international video IPCS rates and if the provider does not
charge or pass through termination charges for completing international video IPCS communications. If a
provider selects “yes,” it will not be required to report its highest interstate per-minute rates in Tab F as
the Commission will have collected interstate video rates in a separate tab. To account for scenarios in
which providers may charge different rates for the interstate portion of an international video IPCS
communication and interstate rates for video IPCS, we ask a similar “yes” or “no” question as with audio
IPCS and direct providers to respond in the Word template to explain any differences. In a similar vein,
we include an additional question in Tab F, which directs providers to indicate whether they impose
international termination charges for video IPCS.105 If a provider does not impose international
termination charges for video IPCS, then they are not required to report their quarterly average
termination charges.
37.
Finally, we decline to require IPCS providers to explain how they market video IPCS to
consumers, including any bundles, as originally proposed. We find that gathering such data is
unnecessary due to the rules the Commission adopted in the 2024 IPCS Order, which require providers to
offer rates for video IPCS on a per-minute basis.106 Separately, we find that the information we direct
providers to provide related to any alternate pricing plans offered in addition to per-minute video IPCS
covers how those services are marketed differently. Thus, Securus’s request that we clarify what
“bundling” means is moot.
38.
Compliance Dates. In the 2024 IPCS Order, the Commission adopted staggered
compliance dates for its new audio and video IPCS rate caps and the elimination of site commission
payments.107 These compliance dates range from January 1, 2025 to April 1, 2026. Thus, starting in
2025, there may be periods during which some IPCS providers are not subject to the Commission’s new
IPCS rate caps and prohibition on the payment of site commissions associated with IPCS. To enhance the
Commission’s ability to monitor compliance with its new rate caps and site commission reforms, we
require IPCS providers to provide, for each facility subject to these reforms as of the end of the reporting
Id. (explaining that “any ‘no’ answer regarding the domestic portion can be listed in the Word template”).
Because the streamlined reporting obligations we adopt today seek the highest per-minute rates providers charge, we
need not include a column in the Excel template asking IPCS providers to indicate whether they charge rates above
the applicable rate caps. Id. at 5. In obtaining the highest per-minute rate, the Commission should have sufficient
information to determine if there are rates being charged that are above the applicable caps.
103

104

Id.at 6.

Securus Sept. 8, 2023 Comments at 9 (explaining that Securus does not impose international termination charges
for video IPCS).
105

106

2024 IPCS Order at 59-60, paras. 117 and 119.

107

47 CFR §§ 64.6010(d), 64.6015; 2024 IPCS Order at 304-08, paras. 587-96.

13

Federal Communications Commission

DA 25-23

period in question, the date by which it was required to comply with the Commission’s new rate caps and
site commission reforms, beginning with the 2026 Annual Reports.108 We have therefore added a column
in Tab B of the Excel template in which to report this information. For purposes of the 2025 Annual
Reports (providing information for calendar year 2024), however, we do not require IPCS providers to
provide compliance dates.
4.

Ancillary Service Charges

39.
We streamline the reporting of ancillary service charges by requiring providers to
indicate in the Excel template whether they, or any subcontractors they use, assessed ancillary service
charges in connection with audio and/or video IPCS during the reporting period following the effective
date of the prohibition on such charges. If a provider answers “yes,” the instructions direct them to
complete a Word template question explaining those charges. If a provider answers “no,” then nothing
further is required. This is consistent with Securus’s suggestion that we add a preliminary question to the
tabs seeking information on ancillary service charges asking whether the provider imposed ancillary
service charges with respect to video IPCS.109
40.
At the same time, we decline to fully eliminate separate reporting for ancillary services as
Securus requests.110 As is well documented throughout these proceedings, ancillary service charges have
been the center of discussion around potential abuses which ultimately result in furthering the economic
burdens faced by the incarcerated and their friends, families, and loved ones. While the Commission
eliminated separate ancillary service charges in the 2024 IPCS Order, the Annual Reports are used to
monitor compliance with the Commission’s rules, including prohibitions such as those now in effect for
ancillary service charges.111 We therefore eliminate existing ancillary service charge reporting obligations
and instead require providers to respond to the streamlined instructions as described above. We find that
the burden of completing the “yes” or “no” question for 2024 and in subsequent years should be minimal,
and will help the Commission continue to monitor compliance with its rules.112
5.

Site Commissions

41.
We take the same approach with site commissions that we take with ancillary service
charges by requiring providers to indicate in the Excel template whether they paid site commissions
associated with audio and/or video IPCS during the reporting period. If a provider answers “yes,” the
instructions direct them to complete a Word template question explaining those charges. If a provider
answers “no,” then nothing further is required. This is a significant reduction from the site commissions
reporting initially proposed, which, among other things, would have required IPCS providers to:
(1) report their average total monthly site commission payments on a facility-by-facility basis;
See September 11, 2024 Public Notice at 2-3 (seeking comment on modifications needed to keep the annual
reports consistent with the rules adopted in the 2024 IPCS Order, including the staggered compliance dates adopted
in the order). Identifying the compliance date applicable to each facility is critical to ascertaining providers’
compliance with the applicable rate cap and site commission rules. Providers are not required to report compliance
dates prospectively; they are only required to report compliance dates that occur either during or prior to the
reporting period in question.
108

109

Securus Sept. 8, 2023 Comments at 9.

Securus Nov. 4, 2024 Comments at 2 (suggesting that the Commission eliminate such reporting “in light of the
2024 IPCS Order’s elimination of separate ancillary service charges associated with IPCS”).
110

111

47 CFR § 64.6060(a).

See 2024 IPCS Order at 297, para. 571 (the annual reports are “to provide useful transparency into industry
practices and guide Commission efforts to regulate the industry”). In this case, the 2025 Annual Reports will
require the submission of calendar year 2024 data, during which IPCS providers could charge separately for their
ancillary services until November 19, 2024, the effective date of the Commission’s IPCS reforms concerning
ancillary services in the 2024 IPCS Order. See September 20, 2024 Public Notice.
112

14

Federal Communications Commission

DA 25-23

(2) separate those payments between legally mandated and contractually prescribed site commission
payments; (3) subdivide both types of payments between monetary and in-kind payments; and (4) within
those subdivisions, to report the portions of the payments that were either fixed or variable. 113
42.
Securus argues that because of the Commission’s elimination of site commissions in the
2024 IPCS Order, “information regarding them for the 2024 calendar year will not provide relevant data
points.”114 We disagree. While it is true that the Commission eliminated site commission payments
associated with IPCS in the 2024 IPCS Order, compliance with that requirement is not required until
January 1, 2025 at the earliest and April 1, 2026 at the latest.115 Thus, for calendar year 2024, IPCS
providers were permitted to pay site commissions. And due to the staggered compliance dates with
respect to the elimination of site commissions, there likely will be periods in 2025 and 2026 in which
some IPCS providers will still be paying site commissions. We thus find it appropriate to collect
information about providers’ site commission payments, as described above. After all of the compliance
dates have passed and the prohibition on site commissions is in effect for all IPCS contracts, the burden of
completing the yes or no question should be minimal and the providers’ responses will help the
Commission to monitor compliance with its site commission rule.
6.

Disability Access and Related Considerations

43.
The revised instructions modify providers’ reporting obligations regarding the provision
of TTY-based TRS and TTY-to-TTY calling for incarcerated people with hearing and speech disabilities,
including any ancillary service charges that providers have assessed for or in connection with TTY-based
calls. Consistent with the Bureaus’ proposal and the 2022 ICS Order, providers are no longer required to
report the number of dropped calls for TTY-based TRS or TTY-to-TTY calling, but are still required to
report the number of calls and number of complaints related to TTY-based TRS and TTY-to-TTY
calling.116
44.
Further, the revised instructions and the Excel template reflect the 2022 reforms to the
Commission’s rules.117 The “Disability Access” worksheet of the Excel template requires providers to
report, on a facility-by-facility basis, for each of the six kinds of TRS authorized by the Commission,118
113

See August 2023 Public Notice, 38 FCC Rcd at 6738.

114

Securus Nov. 4, 2024 Comments at 2.

115

See 47 CFR § 64.6015; 2024 IPCS Order at 305-05, para. 587.

See August 2023 Public Notice, 38 FCC Rcd at 6738; 2022 ICS Order, 37 FCC Rcd at 11923, para. 50. As the
Commission explained in the 2024 IPCS Order, the Commission had determined in the 2022 ICS Order “that it was
no longer necessary to collect data on dropped calls,” and so adopted corresponding modifications to 47 CFR
§ 64.6060(a)(5)-(7). 2024 IPCS Order at 295, para. 566 n.2025. However, at the time the Commission adopted the
2024 IPCS Order, the changes to those paragraphs “ha[d] not yet gone into effect,” as the Commission declined to
“seek Paperwork Reduction Act review by the Office of Management and Budget until an order is released adopting
any changes” to the annual reporting forms. Id. Consequently, in the 2024 IPCS Order, the Commission retained
the revised reporting requirements adopted in the 2022 ICS Order, but renumbered them as section 64.6060(a)(2)(4). Id. at 297, para. 570.
116

See 2022 ICS Order, 37 FCC Rcd at 11977, Appx. B, § 64.6060(a)(5)-(7); 47 CFR § 64.6040(b). As noted
above, this modification is consistent with the changes adopted in the 2024 IPCS Order, which incorporated the
modifications to the annual reporting requirements adopted in the 2022 ICS Order. See 2024 IPCS Order at 297,
para. 570.
117

TRS and the various kinds of TRS are defined in section 64.601 of the Commission’s rules. 47 CFR § 64.601.
The six kinds of TRS are: Internet Protocol Captioned Telephone Service (IP CTS); Internet Protocol Relay Service
(IP Relay); Speech-to-Speech Relay Service (STS); Traditional (TTY-Based) TRS; Video Relay Service (VRS); and
Non-Internet Protocol Captioned Telephone Service (Non-IP CTS). Id. § 64.601(a)(25), (26), (43), (46), (53);
Telecommunications Relay Services, and Speech-to-Speech Services for Individuals with Hearing and Speech
Disabilities, CC Docket No. 98-67, Declaratory Ruling, 18 FCC Rcd 16121, 16122, para. 3 (2003).
118

15

Federal Communications Commission

DA 25-23

(1) whether the service was available for use at the facility during the reporting period, (2) the number of
calls made using the service, and (3) the number of complaints regarding the service. The same
information is now collected for point-to-point ASL video service and for TTY-to-TTY calling.
45.
Securus argues that the Commission should eliminate the columns seeking information
regarding ancillary services in connection with TTY-based TRS or TTY-to-TTY calling, including the
jurisdiction column.119 We find that Securus’s proposal would result in eliminating reporting of ancillary
service charges associated with disability access entirely, leaving the Commission without the ability to
monitor compliance. We recognize, however, that the reporting of this information presents a significant
burden on providers and the resulting data is of limited utility for the Commission. Accordingly, we
adopt less burdensome reporting instructions for ancillary service charges associated with billed TTY-toTTY calling or TTY-based TRS that are similar to those we use for such charges associated with audio
IPCS and video IPCS.120 Providers need only respond to a “yes” or “no” question and complete a
narrative response in the Word template if they assessed ancillary service charges associated with billed
TTY-to-TTY calling or TTY-based TRS after November 19, 2024.
46.
ViaPath expresses concern about the availability of certain information in connection
with TRS-related calls. ViaPath explains that while “IPCS providers can report the types of TRS
available in each facility, they may not have access to information regarding the number of TRS-related
calls or complaints.”121 This is because “[d]eployment of advanced TRS capability in correctional
facilities cannot be accomplished without a third-party TRS provider.”122 ViaPath suggests that the thirdparty TRS provider is “the appropriate entity from which to obtain information regarding the number of
disability access communications in a correctional facility and any associated complaints.”123 The
Commission’s IPCS rules apply to IPCS providers, not third-party TRS providers.124 Given IPCS
providers’ obligations under the Commission’s rules to ensure access to TRS, and the fact that TRS
providers cannot provide their service without coordinating with IPCS providers, we find that IPCS
providers are in the best position to obtain and to report this information.125 To the extent they cannot,
they are free to explain why they cannot do so in the Word template for the Commission’s consideration.
7.

Other Issues

47.
Revenue, Cost, Usage, or Similar Data for Video IPCS. We decline to collect data
regarding the costs, revenues, usage or other similar categories of data for video IPCS through the Annual
Reports. One commenter suggests that the Commission require the reporting of a wide range of data
designed to determine the costs associated with video IPCS, including cost, revenue, and usage data for
all services provided on kiosks or tablets and data regarding the safety and security costs specific to the

119

Securus Nov. 4, 2024 Comments at 3.

The reporting structure we adopt for this category of information mirrors the same structure we adopt for audio
IPCS and video IPCS for the period following the Nov. 19, 2024 effective date; we instruct providers to report if
they charge any associated ancillary service charges after the prohibition took effect, and if so, we require them to
report additionally in the Word template.
120

121

ViaPath Nov. 4, 2024 Comments at 3.

122

Id.

123

Id.

124

See, e.g., 47 CFR § 64.6060(a) (requiring “Providers” to submit annual reports).

IPCS providers must make all necessary contractual and technical arrangements for ensuring access to TRS, and
such arrangements should include access to necessary data for ensuring the requirements for access and use of TRS
are met. 47 CFR § 64.6040(c)(1); see also 47 CFR § 64.6060 (setting forth the rules on the annual reporting
requirement).
125

16

Federal Communications Commission

DA 25-23

provision of video IPCS.126 Another commenter similarly argues that the Commission should require
IPCS providers to submit, among other things, information about the use of kiosks and tablets for video
calling and the breakdown between fixed and variable costs of providing IPCS.127 However, even to the
extent that we might find it appropriate to expand the Annual Reports to collect such data, it is not clear at
this time that the benefit of collecting such data in this context would outweigh the burden it would
impose, given, for example, the developing nature of the video IPCS market.128 Indeed, cost of service
issues for video IPCS await further consideration by the Commission following the additional mandatory
data collection that the Commission required in the 2024 IPCS Order,129 and review of the record being
developed in response to the 2024 IPCS Notice.130 In these circumstances, we find that the better course
is to collect revenue, cost, usage, and similar data for video IPCS through the upcoming mandatory data
collection, where, for example, we can provide detailed instructions on how providers should calculate
their costs of providing video IPCS and any safety and security measures specific to the provision of
video IPCS. Thus, we decline to require reporting of such information in the Annual Reports at this time.
48.
Quality of Service. For similar reasons, we also decline to request quality of service data
in the annual reports as some commenters suggest.131 This, too, is an issue pending further consideration
by the Commission in the 2024 IPCS Notice and is thus inappropriate for inclusion in the annual reporting
requirements at this time.132
49.
Payments from IPCS Providers to Correctional Facilities. One commenter argues that
we should request data on payments from IPCS providers to correctional agencies for used and useful
costs they incur in the provision of IPCS as a means to better understand whether the Commission should
adopt a uniform rate additive to account for used and useful correctional facility costs.133 As noted above,
collecting what is in effect data on the costs incurred by correctional agencies to provide IPCS is beyond
Worth Rises Comments, WC Docket Nos. 23-62 and 12-375, at 2-3 (rec. Nov. 4, 2024) (Worth Rises Nov. 4,
2024 Comments); see also Wright Petitioners Reply, WC Docket Nos. 23-62 and 12-375, at 2 (rec. Dec. 9, 2024)
(Wright Petitioners Dec. 9, 2024 Reply). Other commenters argue that collecting such data is inappropriate for the
Annual Reports. See ViaPath Dec. 9, 2024 Reply at 2 (contending that “revenue and cost data . . . are not
appropriate for inclusion in the Annual Report, which is intended to help the Commission monitor and track trends
in the IPCS marketplace, increase provider transparency, and ensure compliance with the Commission’s IPCS
rules”); Pay Tel Communications, Inc. Reply, WC Docket Nos. 23-62 and 12-375, at 2-3 (rec. Dec. 9, 2024) (Pay
Tel Dec. 9, 2024 Reply) (“The collection of cost data is conducted through the Commission’s periodic mandatory
data collections.”).
126

Wright Petitioners Comments, WC Docket Nos. 23-62 and 12-275, at 2-3 (rec. Nov. 4, 2024) (Wright Petitioners
Nov. 4, 2024 Comments).
127

See, e.g., 2024 IPCS Order at 63, 109-10, paras. 123, 196 (discussing factors indicating that “video IPCS remains
a developing marketplace,” making it likely that providers’ costs will change substantially as the market becomes
more established); id. at 382-405, 410-14, Appendices F, H.
128

Id. at 298-300, paras. 573-75; see also Securus Dec. 9, 2024 Reply at 3 (asserting that the “cost reporting for
video or audio IPCS should be determined as part of the process of developing the next data collection”).
129

2024 IPCS Notice at 312-14, paras. 608-11 (seeking comment on establishing permanent rate caps for video
IPCS).
130

Worth Rises Nov. 4, 2024 Comments at 5 (asking the Commission to “ask video IPCS providers to submit data
on video call quality”); UCC Media Justice Comments, WC Docket Nos. 23-62 and 12-375, at 1 (rec. Nov. 4, 2024)
(UCC Media Justice Nov. 4, 2024 Comments) (suggesting that the Commission ask for information “about the
quality of both audio IPCS and video IPCS”); but see Securus Dec. 9, 2024 Reply at 7-9.
131

2024 IPCS Notice at 314-16, paras. 613-16; Securus Dec. 9, 2024 Reply at 8 (“The question of which, if any,
[service quality] metrics may be appropriate is currently subject to the Further Notice.”); ViaPath Dec. 9, 2024
Reply at 3; Pay Tel Dec. 9, 2024 Reply at 3-4.
132

133

Worth Rises Nov. 4, 2024 Comments at 4; but see ViaPath Dec. 9, 2024 Reply at 4.

17

Federal Communications Commission

DA 25-23

the scope of the Annual Reports, which are focused primarily on providers’ rate data and compliance with
Commission rules. The more appropriate setting for determining whether to collect such data would be in
the context of the upcoming mandatory data collection. We therefore decline to seek such information in
the context of the Annual Reports at this time.
50.
Audited Financial Statements. We also decline to require IPCS providers to submit
audited financial statements as part of their Annual Reports. The Wright Petitioners note that IPCS
providers were required to submit audited financial statements as part of the 2023 Mandatory Data
Collection.134 They argue that the financial statements “contain important information that can be helpful
to the Commission’s ongoing efforts to ensure that IPCS rates are just and reasonable and providers are
fairly compensated.”135 ViaPath argues that “[w]hile such information may have been appropriate for a
Mandatory Data Collection to allow the Commission to review revenues, costs and expenses, such
information is not needed to ensure compliance with the Commission’s IPCS rules.”136 We agree that
requiring audited financial statements, while appropriate in the context of a data collection to determine
the costs of service, are not necessary for the Commission to determine compliance with its IPCS rules in
the Annual Reports or to monitor trends in the industry.
51.
Excel Template and Certification Form. The Excel template we adopt today includes
other minor changes designed to help reduce burdens and minimize provider error when completing the
worksheets. For instance, the template includes “drop-down” menus for data entry when there are only a
few answer options. It also includes new cell formatting that restricts the data that can be entered (e.g.,
numbers vs. text), which should help prevent inadvertent errors when completing the forms. For the
worksheets that include rates paid for IPCS calls to international destinations, we now require providers to
enter their international destinations only once for each worksheet, instead of repeating this information
multiple times on each worksheet. We likewise adopt other minor updates to the certification form (e.g.,
inserting the word “Authorized” before “Officer”).137
C.

Extension of Filing Deadline

52.
On our own motion, the Bureaus waive section 64.6060(a) of the Commission’s rules for
the limited purpose of granting a one-time extension of the filing deadline for the 2025 IPCS Annual
Reports from April 1, 2025 to Monday, June 2, 2025.138 Generally, the Commission’s rules may be
waived for good cause shown.139 In evaluating whether good cause exists for waiver of its rules, the
Commission considers whether the particular facts make strict compliance inconsistent with the public
interest.140 The Commission may also take into account concerns of hardship, equity, or more effective
implementation of overall policy on an individual basis.141 Waiver of the Commission’s rules is therefore
only appropriate if special circumstances warrant a deviation from the general rule, and such deviation
will serve the public interest.142
53.
We find good cause to waive section 64.6060(a) of the Commission’s rules to extend the
deadline for filing the 2025 IPCS Annual Reports to June 2, 2025. Under the Commission’s rules,
134

Wright Petitioners Nov. 4, 2024 Comments at 3-4; Wright Petitioners Dec. 9, 2024 Reply at 3.

135

Wright Petitioners Nov. 4, 2024 Comments at 4.

136

ViaPath Nov. 4, 2024 Comments at 6; Securus Dec. 9, 2024 Reply at 9.

137

See infra Appx. A.

138

47 C.F.R. §§ 1.3, 64.6060(a). See also 47 C.F.R. §§ 0.291, 0.91.

139

47 C.F.R. § 1.3.

140

Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).

141

WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166.

142

Northeast Cellular, 897 F.2d at 1166.

18

Federal Communications Commission

DA 25-23

Annual Reports are due April 1 of each year.143 However, the Annual Reports that are due in 2025 will be
the first Annual Reports for which IPCS providers will be required to use the revised instructions,
templates, and certification forms adopted herein reflecting the Commission’s expanded authority over
IPCS pursuant to the Martha Wright-Reed Act. The Annual Reports “enable the Commission to monitor
and track trends in the IPCS marketplace, increase provider transparency, and ensure compliance with the
Commission’s rules.”144 It is therefore vital that the Commission receive complete and accurate data to
ensure IPCS rates are just and reasonable and IPCS providers are fairly compensated. Considering these
objectives, we find good cause to waive the Commission’s rules and extend the deadline for filing the
2025 Annual Reports. Doing so will make it more likely that the Commission receives complete and
accurate data enabling it to monitor IPCS providers’ compliance with the Commission’s IPCS rules. At
the same time, given the timing of the release of this Order and the additional delay involved in obtaining
approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of this
revised data collection, extending the April 1 deadline to June 2, 2025 should give providers sufficient
time to compile their data submissions using the revised instructions, templates, and certification forms.145
D.

Effective Date and Implementation Date

54.
Because this Order imposes new or modified information collection requirements subject
to the Paperwork Reduction Act of 1995 (PRA),146 its effective date will be dependent upon approval by
the Office of Management and Budget (OMB). After such review, the Bureaus will publish a document
in the Federal Register establishing the date of such publication as the effective date of the requirements
adopted in this Order.
IV.

PROCEDURAL MATTERS

55.
Supplemental Final Regulatory Flexibility Act Analysis. As required by the Regulatory
Flexibility Act of 1980, as amended (RFA),147 we have prepared a Supplemental Final Regulatory
Flexibility Analysis (FRFA) relating to this Order.148 The Supplemental FRFA is set forth in Appendix
B.
56.
Final Paperwork Reduction Act Analysis. The Order contains new or modified
information collection requirements subject to the PRA. It will be submitted to OMB for review under
section 3507(d) of the PRA. OMB, the general public, and other Federal agencies are invited to comment
on the new or modified information collection requirements contained in this proceeding. In addition, we
note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198; see 44
U.S.C. § 3506(c)(4), we previously sought specific comment on how the Commission might further
reduce the information collection burden for small business concerns with fewer than 25 employees.149
We have assessed the effects of the requirements for Annual Reports and certifications on small business
concerns, including those having fewer than 25 employees, and find that to the extent such entities are
143

47 C.F.R. § 64.6060(a).

144

August 2023 Public Notice, 38 FCC Rcd at 6732.

See, e.g., Pay Tel September 2023 Reply at 5 (noting that that the regulatory burden associated with new
reporting requirements particularly impacts small [IPCS] providers such as Pay Tel, who lacked the dedicated data
collection and reporting resources employed by larger providers”).
145

146

Pub. L. No. 104-13 (codified at 44 U.S.C. § 3501 et seq.).

147

See 5 U.S.C. §§ 601-612.

See id. § 604. The RFA has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 847 (1996). The SBREFA was enacted as Title II of the
Contract with America Advancement Act of 1996 (CWAAA).
148

Rates for Interstate Inmate Calling Services, WC Docket No. 12-375, Report and Order on Remand and Fourth
Further Notice of Proposed Rulemaking, 35 FCC Rcd 8485, 8536-37, para. 146 (2020).
149

19

Federal Communications Commission

DA 25-23

subject to those requirements, any further reduction in the burden of the collection would be inconsistent
with the objectives behind the collection.
57.
Congressional Review Act. The Commission has determined, and the Administrator of
the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs, that this
rule is non-major under the Congressional Review Act, 5 U.S.C. § 804(2). The Commission will send a
copy of this Order to the Government Accountability Office pursuant to 5 U.S.C. § 801(a)(1)(A).
V.

ORDERING CLAUSES

58.
Accordingly, IT IS ORDERED that, pursuant to the authority contained in sections 1, 2,
4(i)-(j), 155(c), 201(b), 218, 220, 276, and 403 of the Communications Act of 1934, as amended, 47
U.S.C. §§ 151, 152, 154(i)-(j), 155(c), 201(b), 218, 220, 276, and 403, and the authority delegated
pursuant to sections 0.91, 0.201(d), and 0.291 of the Commission’s rules, 47 CFR §§ 0.91, 0.201(d),
0.291, this Order IS ADOPTED.
59.
IT IS FURTHER ORDERED that, pursuant to the authority contained in sections 1, 2,
4(i)-(j), 155(c), 201(b), 218, 220, 276, and 403 of the Communications Act of 1934, as amended, 47
U.S.C. §§ 151, 152, 154(i)-(j), 155(c), 201(b), 218, 220, 276, and 403, and the authority delegated
pursuant to sections 0.91, 0.201(d), 0.291, and 1.3 of the Commission’s rules, 47 CFR §§ 0.91, 0.201(d),
0.291, 1.3, the April 1, 2025 filing deadline for the 2025 Annual Reports IS WAIVED and IS
EXTENDED to June 2, 2025.
60.
IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental
Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Order, including the
Supplemental Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.

FEDERAL COMMUNICATIONS COMMISSION

Trent B. Harkrader
Chief
Wireline Competition Bureau

Alejandro Roark
Chief
Consumer and Governmental Affairs Bureau

20

Federal Communications Commission
APPENDIX A
Annual Reporting and Certification Instructions and Templates
The instructions and templates for the Annual Report are available at this link:
https://www.fcc.gov/document/annual-report-instructions

21

DA 25-23

Federal Communications Commission

DA 25-23

APPENDIX B
Supplemental Final Regulatory Flexibility Analysis
1.
As required by the Regulatory Flexibility Act of 1980, as amended (RFA),150 a
Supplemental Initial Regulatory Flexibility Analysis (Supplemental IRFA) was incorporated in the
August 2023 Public Notice, released in August 2023.151 The Wireline Competition Bureau (WCB) and
the Consumer and Governmental Affairs Bureau (CGB) (collectively, the Bureaus) sought written public
comment on the proposals in the August 2023 Public Notice and the September 2024 Public Notice,
including comments on the Supplemental IFRA.152 No comments were filed addressing the Supplemental
IRFA. We received comments and reply comments on the proposals in the August 2023 Public Notice
from Securus Technologies, LLC (Securus), Global Tel*Link Corporation D/B/A ViaPath Technologies
(ViaPath), and Pay Tel Communications, Inc. (Pay Tel). These comments are addressed herein. We
received comments and reply comments on proposals in the September 2024 Public Notice from Securus,
ViaPath, the Wright Petitioners, Worth Rises, Pay Tel, and the United Church of Christ Media Justice
Ministry. This Supplemental Final Regulatory Flexibility Analysis (Supplemental FRFA) conforms to
the RFA.153
A.

Need for, and Objectives of, the Order

2.
In this Order, WCB and CGB adopt revisions to the instructions, reporting template, and
certification form for the Annual Reports and certifications submitted by providers of incarcerated
people’s communications services (IPCS). In issuing this Order, we act pursuant to the Commission’s
delegation of authority to the Bureaus to modify, supplement, and update the Annual Report instructions,
templates, and certification form, as appropriate, to reflect revised rules adopted in the 2022 ICS Order154
and the Commission’s expanded authority under the Martha Wright-Reed Just and Reasonable
Communications Act of 2022 (Martha Wright-Reed Act or Act).155
3.
In the 2022 ICS Order, the Commission adopted requirements that necessitated further
changes to the Annual Reporting instructions, reporting templates, and certification form.156 These
requirements improve access to communications services for incarcerated people with communication
disabilities by, for example, requiring IPCS providers to list, at a minimum, for each facility served, the
types of TRS that can be accessed from the facility and the number of completed calls and complaints for
TTY-to-TTY calling, point-to-point American Sign Language (ASL) video calls, and each type of TRS
for which access is provided.157 The Commission delegated authority to the Bureaus to implement the
See 5 U.S.C. § 603. The RFA, see 5 U.S.C. §§ 601-612, has been amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).
150

Wireline Competition Bureau and Consumer and Governmental Affairs Bureau Seek Comment on Revisions to
Providers’ Annual Reporting And Certification Requirements, WC Docket Nos. 23-62 and 12-375, Public Notice,
38 FCC Rcd 6732 (WCB/CGB 2023) (August 2023 Public Notice).
151

Rates for Interstate Inmate Calling Services, WC Docket Nos. 23-62 and12-375, Public Notice, DA 24-918
(WCB/CGB Sept. 11, 2024) (September 2024 Public Notice).
152

153

See 5 U.S.C. § 604.

Rates for Interstate Inmate Calling Services, WC Docket No. 12-375, Fourth Report and Order and Sixth Further
Notice of Proposed Rulemaking, 37 FCC Rcd 11900, 11922-24, paras. 47-52 (2022) (2022 ICS Order).
154

Martha Wright-Reed Just and Reasonable Communications Act of 2022, Pub. L. No. 117-338, 136 Stat. 6156
(2022) (Martha Wright-Reed Act).
155

156

See generally 2022 ICS Order passim.

Id. at 11922, para. 48. The Commission also eliminated the safe harbor, adopted in 2015, that had exempted
providers from any TRS-related reporting requirements if they either (1) operated in a facility that allowed the
offering of additional forms of TRS beyond those mandated by the Commission or (2) had not received any
(continued….)
157

22

Federal Communications Commission

DA 25-23

expanded reporting obligations and to develop a reporting form that will most efficiently and effectively
elicit the required information.158
4.
On January 5, 2023, the President signed into law the Martha Wright-Reed Act, which
expanded the Commission’s statutory authority over communications between incarcerated people and
the non-incarcerated, including “any audio or video communications service used by inmates . . .
regardless of technology used.”159 The new Act also amends section 2(b) of the Communications Act of
1934, as amended (the Communications Act), to make clear that the Commission’s authority extends to
intrastate as well as interstate and international communications services used by incarcerated people.160
5.
The Act directs the Commission to “promulgate any regulations necessary to implement”
the Act, including its mandate that the Commission establish a “compensation plan” ensuring that all rates
and charges for IPCS “are just and reasonable,” not earlier than 18 months and not later than 24 months
after the Act’s January 5, 2023 enactment date.161 The Act also requires the Commission to consider, as
part of its implementation, the costs of “necessary” safety and security measures, as well as “differences
in costs” based on facility size, or “other characteristics.”162 It also allows the Commission to “use
industry-wide average costs of telephone service and advanced communications services and the average
costs of service of a communications service provider” in determining just and reasonable rates. 163
6. Pursuant to the directive that the Commission implement the new Act and establish just and
reasonable rates for IPCS services, the Commission released the 2023 IPCS Notice, seeking comment on
how to interpret the Act’s language to ensure that the Commission implements the statute in a manner that
fulfills Congress’s intent.164 The Commission also adopted the 2023 IPCS Order in which it reaffirmed
and updated its prior delegation of authority to the Bureaus to revise the instructions and reporting
templates for the Annual Reports.165 Specifically, the Commission delegated to the Bureaus authority to
modify, supplement, and update the instructions and templates for the Annual Reports.166 On August 3,
2023, the Bureaus released a Public Notice seeking comment on proposed revisions to the instructions
and templates for the Annual Reports and annual certifications.167 In response to the August 2023 Public

(Continued from previous page)
complaints related to TRS calls. 2022 ICS Order, 37 FCC Rcd at 11923-24, para. 51 (citing Rates for Interstate
Inmate Calling Services, WC Docket No. 12-375, Second Report and Order and Third Further Notice of Proposed
Rulemaking, 30 FCC Rcd 12763, 12883, para. 246 (2015) (2015 ICS Order)). A provider that fell within the safe
harbor was required to include a certification from an officer of the company stating which prong(s) of the safe
harbor it had met. Id. The Commission found that the safe harbor was no longer appropriate given the expanded
reporting requirement for additional forms of TRS, and the importance of transparency regarding the state of
accessible communications in incarceration settings. Id.
158

2022 ICS Order, 37 FCC Rcd at 11924, para. 52.

159

Martha Wright-Reed Act § 2(a)(2), (b).

160

Id. § 2(c).

161

Id. §§ 2, 3(a); 47 U.S.C. § 276(b)(1)(A).

162

Martha Wright-Reed Act § 3(b)(2).

163

Id. § 3(b)(1).

164Incarcerated

People’s Communications Services; Implementation of the Martha Wright-Reed Act; Rates for
Interstate Inmate Calling Services, WC Docket Nos. 23-62 and 12-375, Notice of Proposed Rulemaking and Order,
38 FCC Rcd 2669 (2023) (2023 IPCS Order or 2023 IPCS Notice).
165

2023 IPCS Order, 38 FCC Rcd at 2702, para. 86.

166

Id.

167

See August 2023 Public Notice.

23

Federal Communications Commission

DA 25-23

Notice, the Bureaus received comments from providers, public interest advocates, and other interested
parties.
7.
In July 2024, the Commission adopted the 2024 IPCS Order, which implemented the
expanded authority granted to the Commission by the Martha Wright-Reed Act.168 In that Order, the
Commission revised its rules by, inter alia:
•
•
•
•
•
•
•

Adopting permanent rate caps for audio IPCS and interim rate caps for video IPCS;
Adopting new facility tiers for both audio and video IPCS;
Prohibiting providers from imposing any ancillary service charges on IPCS consumers;
Prohibiting providers from making site commission payments associated with IPCS;
Allowing providers to offer alternate pricing plans for IPCS subject to certain conditions;
Revising and strengthening existing consumer disclosure and inactive account
requirements; and
Revising and strengthening IPCS accessibility requirements for incarcerated people with
disabilities.169

8.
The 2024 IPCS Order also modified the scope and content of the Annual Reports to
reflect the reforms adopted under the Martha Wright-Reed Act.170 The Commission expanded its annual
reporting and certification requirements to include the full scope of services and providers now subject to
the IPCS rules.171 The Commission also eliminated the sections of the annual reporting rules mandating
the reporting of information on ancillary service charges and site commissions, to reflect the prohibition
of those items adopted in the 2024 IPCS Order.172 Finally, the Commission reaffirmed and updated its
prior delegation of authority to the Bureaus to revise the Annual Reports, to reflect the Commission’s
expanded authority under the Martha Wright-Reed Act and the other actions taken in the 2024 IPCS
Order, and directed that the Bureaus pay particular attention to the video IPCS marketplace and the
availability and usage of Telecommunications Relay Services (TRS) in exercising this delegated
authority.173
9.
Pursuant to this delegated authority, the Bureaus released the September 2024 Public
Notice seeking to “expand and refresh the record on revisions to the Annual Report instructions,
templates, and certification form, in addition to those proposed in the August 2023 Public Notice, and to
implement the modifications to the annual reporting and certification requirements adopted by the
Commission in the 2024 IPCS Order.”174 The Bureaus also sought comment on “any additional
modifications the Bureaus should consider to make these forms consistent with the new rules, including
the varied compliance dates adopted in the 2024 IPCS Order.”175 The Bureaus received comments from
IPCS providers, public interest advocates, and other interested parties. Pursuant to its delegated authority,
the Bureaus have prepared updates to the annual reporting and certification templates and is issuing the
Order to adopt all aspects of these documents.

168

See generally 2024 IPCS Order.

169

See 2024 IPCS Order at 3-4, paras. 3-4.

170

Id. at 296-300, paras. 565-70.

171

See id. at 298, para. 569.

See id. at 298, para. 570. The Commission also retained the rules describing the reporting requirements
concerning TRS and related communications services, but renumbered them.
172

173

See id. at 299-300, paras. 571-72.

174

September 2024 Public Notice at 2.

175

Id. at 2-3.

24

Federal Communications Commission
B.

DA 25-23

Summary of Significant Issues Raised by Public Comments in Response to the IRFA

10.
There were no comments filed that specifically addressed the proposed rules and policies
in the Supplemental IRFA.
C.

Response to Comments by the Chief Counsel for Advocacy of the Small Business
Administration

11.
Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the
Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the
Small Business Administration (SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments.176
12.
proceeding.
D.

The Chief Counsel did not file any comments in response to the proposed rules in this
Description and Estimate of the Number of Small Entities to Which Annual Report
and Certification Requirements Will Apply

13.
The RFA directs agencies to provide a description of, and where feasible, an estimate of
the number of small entities that may be affected by the annual report and certification requirements. The
RFA generally defines the term “small entity” as having the same meaning as the terms “small business,”
“small organization,” and “small governmental jurisdiction.”177 In addition, the term “small business” has
the same meaning as the term “small-business concern” under the Small Business Act.178 A “smallbusiness concern” is one which: (1) is independently owned and operated; (2) is not dominant in its field
of operation; and (3) satisfies any additional criteria established by the SBA.179
14.
A regulatory Flexibility Analysis was incorporated in the August 2023 Public Notice.180
In this analysis, the Bureaus described in detail the small entities that might be affected. Accordingly, in
this Order, for the Supplemental FRFA, we hereby incorporate by reference the descriptions and estimates
of the number of small entities from these previous Regulatory Flexibility Analysis.
E.

Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities

15.
The annual report and certification requirements direct IPCS providers to submit, among
other things, data and other information on IPCS rates, communications, demand, operations, company
and contract information, information about facilities served, revenues, site commission payments, and
ancillary fees and to certify as to their compliance with relevant Commission rules. The Bureaus estimate
that approximately 35 IPCS providers will be subject to this reporting requirement and it will take each
provider approximately 160 hours to complete the annual report. The Bureaus also estimate that it will
take each IPCS provider approximately 5 hours to review and certify its submission.

176

5 U.S.C. § 604(a)(3).

177

See id. § 601(6).

See id. § 601(3) (incorporating by reference the definition of “small-business concern” in the Small Business Act,
15 U.S.C. § 632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a small business applies “unless an
agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity
for public comment, establishes one or more definitions of such term which are appropriate to the activities of the
agency and publishes such definition(s) in the Federal Register.”
178

179

See 15 U.S.C. § 632.

180

See August 23 Public Notice at Appx. B (Supplemental Final Regulatory Flexibility Analysis).

25

Federal Communications Commission
F.

DA 25-23

Steps Taken to Minimize the Significant Economic Impact on Small Entities and
Significant Alternatives Considered

16.
The RFA requires an agency to describe any significant alternatives that it has considered
in reaching its proposed approach, which may include the following four alternatives (among others):
“(1) the establishment of differing compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rules for such small entities; (3) the use of performance
rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such
small entities.”181
17.
The annual reporting and certification requirements impose a recurring obligation on
providers. Because the Commission requires all IPCS providers to submit Annual Reports and
certifications, the collection will affect smaller as well as larger IPCS providers. The Bureaus have taken
steps to ensure that the reporting template is competitively neutral and not unduly burdensome for any set
of providers and have considered the economic impact on small entities, as identified in comments filed
in response to the August 2023 Public Notice and the September 2024 Public Notice, in finalizing the
instructions and reporting templates for the annual reports and certifications. In response to the
comments, the Bureaus have refined and streamlined certain aspects of the instructions and reporting
templates, including significantly reducing audio and video rate reporting requirements and eliminating
detailed site commission and ancillary service charge reporting requirements. These modifications avoid
unduly burdening responding providers while ensuring that providers have sufficiently detailed and
specific instructions to respond to the data collection and that the Commission will continue to have
access to the data necessary to monitor industry trends and industry compliance with its rules.
G.

Report to Congress

18.
The Commission will send a copy of the Order, including this Supplemental FRFA, in a
report a report to be sent to Congress pursuant to the Small Business Regulatory Enforcement Fairness
Act of 1996.182 In addition, the Commission will send a copy of the Order, including this Supplemental
FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the Order,
and Supplemental FRFA (or summaries thereof) will also be published in the Federal Register.183

181

5 U.S.C. § 603(c)(1)-(4).

182

Id. § 801(a)(1)(A).

183

See id. § 604(b).

26