Inmate Calling Services (ICS) Provider Annual Reporting, Certification, Consumer Disclosure, and Waiver Request Requirements, WC Docket No. 12-375, FCC 21-60

Forms and Documents

Document Name	Status
Final ICS 2021 Order Supporting Statement (3060-1222).docx Supporting Statement A	2021-12-21

IC Document Collections

IC ID	Document Title	Status
224313	Business or other for-profit	Modified

ICR Details

OMB Control No: 3060-1222	ICR Reference No: 202109-3060-015
Status: Received in OIRA	Previous ICR Reference No: 202002-3060-011
Agency/Subagency: FCC	Agency Tracking No: WCB
Title: Inmate Calling Services (ICS) Provider Annual Reporting, Certification, Consumer Disclosure, and Waiver Request Requirements, WC Docket No. 12-375, FCC 21-60
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/21/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2023
Responses	23	20
Time Burden (Hours)	2,940	2,000
Cost Burden (Dollars)	0	0

---

Abstract: Providers of inmate calling services (ICS) must report annually, using the form and instructions created by the Wireline Competition Bureau, the following information for the prior calendar year: interstate, international, and intrastate rates and minutes of use by facility and the name, size, and type of facility being served; fees for any ancillary services, the amount of these fees, and the number of times each fee was imposed; monthly site commission payments; the number of disability-related calls, problems associated with such calls, and ancillary fees charged in connection with such calls; and the number of complaints received related to, for example, dropped calls and poor call quality and the number of instances of each by TTY and TRS users. In addition, each inmate calling service provider must certify anually the accuracy of the data and other information submitted in the provider's annual report and the provider's compliance with the Commissions ICS rules. The consumer disclosure rules require ICS providers to inform customers about their ICS rates. The waiver request rules require that providers submit the information the Commission needs to evaluate requests for waiver of the Commission’s rate cap and ancillary charge rules.

---

Authorizing Statute(s): US Code: 47 USC 201(b),218,220,225,255, 276 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 403,617 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 1, 4(i)-(j),151, 154(i)-(j) Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AK08	Final or interim final rulemaking	86 FR 40682	07/28/2021

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 47496	08/25/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 72231	12/21/2021
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Business or other for-profit

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	23	20	0	3	0	0
Annual Time Burden (Hours)	2,940	2,000	0	940	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Since the last submission to OMB, the Commission is reporting a program change/increase to this collection as a result of the requirements of the 2021 ICS Order. The burden hours have increased from 2,000 to 2,940 (+940) because of the expansion of the consumer disclosure requirements and the addition of a requirement for ICS providers seeking waiver of the Commission’s interstate and international rate caps or its ancillary service charge fee caps. The expansion of the consumer disclosure requirements resulted in an increase of 300 burden hours (from 300 to 600), and the addition of the waiver request requirement resulted in a 240 hour increase in burden hours. The number of respondents has not changed, but the number of responses has increased to 23 (+3) because of the addition of the waiver request reporting requirement, to the extent providers seek to obtain a waiver.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/21/2021

---