Inmate Calling Order Makes Clear FCC Didn't Regulate Site Commissions

commission increased the rate caps for debit and prepaid ICS interstate and intrastate calls in prisons and jails from a range of 11-22 cents per minute to a range of 13-31 cents a minute, with caps the lowest for federal or state prisons and ascending for large jails, midsize jails and small jails (collect call caps will be higher for two years). The previous caps were stayed pending further judicial review of challenges to a 2015 order. The new rates "will better allow ICS providers to recover their costs of providing ICS even while reimbursing facilities for any costs they may incur that are reasonably and directly related to the provision of the service," said the order. "Although our revised rate caps are higher than those adopted in the 2015 ICS Order, they still represent a significant constraint on ICS rates and, coupled with other reforms adopted in the 2015 ICS Order, will provide much-needed relief to people who need ICS to remain connected to loved ones." The FCC made clear it didn't change its mind about ICS provider site commission payments demanded by many correctional authorities, which the agency previously found weren't a legitimate ICS cost but didn't prohibit. "There is no need to regulate site commissions at this time," said the order. "We are not convinced, based on the current record, that regulation of site commissions is necessary or in the public interest." The agency said "the prudent course remains to 'focus on our core ratemaking authority in reforming ICS and not prohibit or specifically regulate site commission payments,'” citing language from the 2015 order. Some ICS providers and others have argued for FCC site commission restrictions.