Inmate advocates are focused on defending FCC limits on ancillary service charges in a 2015 order that capped inmate calling service (ICS) rates (see 1510220059). The commission had the authority to regulate the ancillary service charges and is entitled to judicial deference in its statutory interpretations, said the intervenor brief (in Pacer) Thursday of Ulandis Forte and other individuals and groups (Wright Petitioners) to the U.S. Court of Appeals for the D.C. Circuit, which is reviewing ICS provider and state/sheriff challenges to the order (Global Tel*Link, et.al. v. FCC, No. 15-1461 and consolidated cases). The commission carried out a "meticulous examination" of the record to decide on the restrictions for the ancillary fees, which "have been used to circumvent rate caps," the brief said. The late Martha Wright, a retired nurse in Washington, D.C., was paying more than $100 a month to call Forte, her grandson incarcerated in Arizona, it said. She filed a petition that helped prod the FCC to act.

The FCC Wireline Bureau denied petitions to stay an inmate calling service order on reconsideration that raised ICS rate caps without restricting site-commission payments to correctional authorities (see 1609020028). "Petitioners have failed to demonstrate that they will suffer irreparable harm if the Reconsideration Order is not stayed," said a bureau order Friday in docket 12-375. "Nor have they persuaded us that they are likely to succeed on the merits or that a stay would be in the public interest. To the contrary, we find that other parties -- particularly ICS consumers -- will be harmed if the Reconsideration Order is stayed." ICS providers -- Global Tel*Link, Securus and Telmate -- along with NARUC, states and sheriffs filed four petitions asking the FCC to stay its own order. The petitioners cited three previous stays of FCC ICS orders by the U.S. Court of Appeals for the D.C. Circuit, pending its review of underlying challenges to those orders on the merits. Absent an FCC stay of the recon order, petitioners said they plan to seek a new court stay.

California localities told a court that FCC inmate calling service rate caps will spur communications that benefit inmate families and broader society. Santa Clara County and the city and county of San Francisco said they experienced increased inmate calling activity after interim 2013 FCC interstate ICS rate caps took effect and the localities voluntarily reduced their intrastate ICS rates in 2014 and 2015. "The Counties have no doubt that the reduction in rate caps for inmate calling adopted by the FCC in 2015 will increase inmate calling nationwide," said a Santa Clara and San Francisco amicus brief Wednesday to the U.S. Court of Appeals for the D.C. Circuit, which is reviewing industry and state/sheriff challenges to commission ICS regulations (Global Tel*Link v. FCC, No. 15-1461 and consolidated cases). "The increase in inmate call activity will increase inmate communications with friends and family, resulting in benefits to inmates, their family and friends, and the criminal justice system." Intervenor Network Communications International Corp. filed Thursday in support of the 2015 order, including its rate caps for intrastate calling and ancillary services. The rates "balance the diverse interests of inmates, their families, correctional facilities, and ICS providers, who will continue to receive adequate compensation while ensuring that inmates and families pay reasonable rates," said NCIC's brief (in Pacer). "Encouraging inmate communication with loved ones through reasonable rates for communications services is a crucial part of the rehabilitation process," NCIC wrote. Reasonable rates also "support cost-effective inmate access to counsel, lead to lower recidivism, and increase the likelihood that inmates and their families will stay together after reentry into society. All of these benefits save taxpayer money," it wrote.

The FCC released a set of recommendations by its Disability Advisory Committee on amplified phones used by many who are deaf or hard of hearing. The group approved the document at its meeting last week. It recommended the FCC “investigate the complaints regarding amplified phone and phone network compatibility” and that the commission "consider efforts to educate staff and raise awareness about wireline telephone performance standards,” the document said. The FCC also posted DAC recommendations on IP-captioned telephone service, urging the agency to establish rules and standards for IP CTS quality of service through a rulemaking. The FCC should also consider adding a metric and measurement for verbatim/accuracy for IP CTS, the group said. “As the number of consumers using IP CTS continues to grow, the need for additional minimum quality standards or at least best practices continues to grow.” The agency also released DAC recommendations on the handling and processing of 911 calls by video relay service communications assistants.

A court approved CenturyLink's request to dismiss its appeal of an FCC tariff order that prospectively prohibited incumbent telco "all or nothing" business data service discount plans. The unopposed motion was granted in a brief order (Pacer) by the U.S. Court of Appeals for the D.C. Circuit Thursday. CenturyLink said it would continue as an intervenor to support petitioner AT&T in its challenge to the order (AT&T v. FCC, No. 16-1145, et al.).

The FCC invited pleadings on OHCP Northeastern Fiber Buyer's planned purchase of Sovernet, Sovernet Fiber, Ion Holdco and National Mobile Communications from ATN International's Sovernet Holding Corp. Comments are due Oct. 12, replies Oct. 19 on license transfers under Section 214 of the Communications Act, said a Wireline Bureau public notice in docket 16-266. It cited the applicants as saying the entities to be transferred provide fixed and mobile wireless voice and broadband services in 15 states and the U.S. Virgin Islands. OHCP Sept. 9 said it completed license transfers in its takeover of TVC Albany, TVC Holdings and segTEL, which was approved by the FCC (see 1608260041).

New York and FCC officials discussed ways broadband providers could "step into the shoes" of price-cap telcos that declined Connect America Fund Phase II support in various states. "This approach would encourage states to commit their own funds for broadband deployment, minimizing additional burdens on the federal Universal Service Fund and increasing the likelihood of bringing broadband to affected states," said an Empire State Development filing in docket 10-90 on a phone call its representatives and an aide to Gov. Andrew Cuomo (D) had with an aide to Chairman Tom Wheeler and Wireline Bureau officials: "It would also provide significant cost efficiencies and financial synergies that cannot be achieved under any of the alternative approaches proposed by the Commission" in a May Further NRPM (see 1605250046). New York and other states have pressed the FCC to keep planned CAF II reverse auction subsidies in the states where price-cap ILECs declined offers of support (see 1605200066 and 1607220057).

The FCC offered guidance for small entity compliance with rate-of-return USF rules under a March order overhauling the rural phone subsidy program to support broadband service (see 1603300065). The guide released Tuesday in docket 10-90 "is intended to help small entities -- small businesses, small organizations (non-profits), and small governmental jurisdictions -- comply with the revised rules. ... This Guide is not intended to replace the rules. The Guide is intended to facilitate compliance with the rules."

Rate-of-return telcos must file FCC Form 508 by Monday with Universal Service Administrative Co. to receive subsidies under the commission's new Connect America Fund Broadband Loop Support mechanism, said a Wireline Bureau public notice Monday in docket 10-90. The PN noted the previously expected filing deadline of Oct. 1 (see 1609200015) was changed because that's a Saturday. Carriers must report projected broadband-only loop costs and revenue on revised Form 508, which was approved by the Office of Management and Budget, the PN said. The cost and revenue projections are for the first six months of 2017, not 2016 as the PN indicated, said an FCC spokesman, who said an erratum was coming to note the correction. OMB also approved Form 507 (for reporting broadband loop counts) and Form 509 (for reporting actual cost and revenue), which must be filed pursuant to a schedule in FCC rules, the PN said. Form 507 is due July 31 and Form 509 is due Dec. 31, said the spokesman.

The FCC sought comment by Oct. 24 on a Verizon request to "grandfather" five legacy DS0 interstate services in wire centers in Massachusetts, Maryland, New Jersey, New York, Pennsylvania, Rhode Island and Virginia. Verizon plans to stop taking new orders on Nov. 22 for Voice Grade Service, WATS Access Line Service, Bonded Digital Link Service, Digital Data Service and Digipath Digital Service II in the affected wire centers, said a public notice in docket 16-296 in Monday's Daily Digest. Existing customers can continue to receive the grandfathered services over Verizon's fiber facilities rather than copper lines or switch to other services, the PN said.