Ala. Admin. Code r. 770-X-5-.15A.01
Current through Register Vol. 42, No. 7, April 30, 2024
Section 770-X-5-.15A.01 - Inmate Phone Service (IPS)(1) General Requirements (a) All IPS providers must be certified by the Commission. IPS certification includes all authority necessary to provide inmate phone service and payphone service at inmate facilities including authority for limited toll resale and operator services. IPS certification does not include customer-owned, coin-operated telephone (COCOT) authority for payphone service offered generally to the public at locations other than inmate facilities. Such authority must be requested separately as an add-on to the Certificate of Public Convenience and Necessity (Certificate). Existing IPS providers who possess a COCOT Certificate from the Commission as of the effective date for these rules ('effective date') shall request that their Certificate be amended to reflect IPS authority and any additional authority as required. Requests to amend existing certificates for the foregoing must be received at the Commission within ninety (90) days from the effective date of these rules.(b) All IPS providers must file tariffs with the Commission which set forth the services provided along with the charges and surcharges for those services. Tariffs shall also identify the billing and collection methods utilized by the IPS provider; such as LEC or direct billed collect, prepaid calling card, debit account, prepaid collect account and any other payment alternatives. Within 90 days from the effective date of these rules, existing IPS providers will submit to the Commission revised tariffs as necessary for compliance with these rules.(c) No local exchange carrier, operator service provider, toll carrier or toll reseller certified by the Commission shall provide service to an IPS provider unless the IPS provider possesses a valid Certificate from the Commission with the requisite authority to provide IPS within the state of Alabama. Additionally, IPS providers will only utilize local, toll, or operator service providers that possess a Certificate on file at the Commission with authority applicable to the service provided.(2) Rates & Billing(a) Unless a prepaid calling card (prepaid card) is purchased, or prepaid debit account established through the inmate facility is utilized by the inmate, the customer of the IPS provider is the called end-user party that agrees to accept and pay for calls originating in inmate facilities and terminating at the end-users premises.(b) IPS providers will fully disclose to the purchaser all call related charges associated with the use of prepaid calling cards. Such disclosure will identify the amount of the operator services for each call and the price per minute thereafter. Any non-call related charges included in the purchase price for the prepaid card, excluding the specific charges for applicable government taxes and fees, will be fully disclosed in consumer friendly terminology to the purchaser and will be included in tariffs on file with the Commission. Though specific charges for applicable government taxes and fees included in the price of the prepaid calling card need not be disclosed by the IPS provider, the fact that the price includes applicable government taxes and fees will be disclosed to the purchaser. Further, the identity of all taxes and fees included in the prepaid calling card purchase price will be disclosed in the tariff on file at the Commission.(c) IPS providers that offer prepaid or debit services must provide adequate notice to the purchaser that the purchaser is entitled to a full refund for any minutes that are unused at the time the prepaid minutes account is closed. Assuming the IPS provider is in possession of the purchaser's accurate mailing address, such refund shall be issued to the purchaser within sixty (60) days of the account being closed. IPS providers will not assess any fee on the purchaser associated with the refund process unless that fee is approved and included in the tariff on file with the Commission.(d) The operator service and per-minute rates charged the customer for any local (intraLATA/interLATA) collect call shall not exceed the currently effective caps ordered by the Commission. The customer shall not be billed by the IPS provider for any call related or non-call related charges, excluding applicable government taxes and fees, not specifically included in the tariff on file with the Commission. Further, the IPS provider will disclose in the tariff on file with the Commission the identity of all government taxes and fees that may be assessed the customer.(e) Any IPS provider wishing to increase rates which exceed the currently effective caps ordered by the Commission shall file a petition with cost justification to the Commission. No rate increases will be implemented without Commission approval.(f) No set-use fees, as defined in the Order for Docket 26996, dated August 11, 1999, shall be charged to customers. Rates charged to IPS prepaid calling card purchasers or other IPS customers shall not contain a set-use fee component.(g) IPS providers shall adhere to the applicable Commission Telephone Rules that govern third-party billing set forth in 770-X-5-.16.(h) IPS providers shall maintain a toll-free number for customer service inquiries and maintain procedures adequate to allow the IPS provider to promptly receive and respond to such inquiries.(i) The IPS provider will fully cooperate with the Commission to investigate complaints from IPS customers and purchasers of IPS prepaid calling cards. In connection with any such investigation, the IPS provider will submit to the Commission customer specific billing information and will validate the charges included on IPS customer bills. IPS providers will issue billing credits for non-compliant service, including wrongful disconnection, as required by the Commission.(3) Service Requirements (a) Inmate Phone Service shall not be connected to a residential or business access line.(b) No more than three instruments will share a common voice grade (non-broadband) access line or channel, unless otherwise specifically authorized by the Commission for good cause.(c) All instruments shall be installed in compliance with accepted telecommunications industry standards and the current National Electric Safety Code as applicable to IPS.(d) Instruments shall comply with the applicable requirements of the Americans with Disabilities (ADA) Act.(e) All calls from IPS instruments will be automated-collect, billed to the called party, or charged to a prepaid card or debit account authorized by the inmate facility or other billing or charging methods included the IPS provider's approved tariff on file with the Commission.(f) The interstate operator service requirements found in Title 47 CFR, § 64.710 (Operator Services for Prison Inmate Phones), including any amendments thereto, shall apply to all intrastate IPS calls and all IPS providers shall therewith be compliant.(g) The IPS provider shall ensure that a positive response, via voice or pulse tone, from the called party indicating a willingness to accept charges for the call is received before the call is completed. The IPS provider shall allow the called party the option to terminate/reject the call at no charge before call completion. IPS providers shall not charge for any uncompleted calls. In the event the IPS provider does not receive a positive response within a period not exceeding twenty (20) seconds from the last prompt, the call shall be terminated without charge.(h) Call traffic shall be outbound only. All inbound calls will be blocked. The IPS provider shall block or arrange to have blocked calls to local and long-distance directory assistance, toll-free numbers, pay-per-call (900) numbers, N11 codes (311, 911, etc.), 10XXX and any other numbers or calling methods (e.g., conference, three-way, or call forwarding) that the institution and/or Commission finds to jeopardize the security and integrity of the institution and public safety.(i) IPS transmission quality will, as a minimum, be equivalent to the level of service provided over wireline, voice grade circuits. There will be no transmission delay, feedback, excessive noise, or echo perceptible to either the inmate or the called party. The Commission will make the final determination as to the acceptable level of transmission service quality.(j) The IPS provider will cooperate with the Commission to investigate complaints regarding transmission service quality, disconnections, and service related disputes from inmate facilities relating to the IPS provider's services.(k) Subject to compliance with any access requirements of the inmate facility, IPS providers will make available to the Commission any instrument used for IPS for purposes of making test calls, free of charge, to telephone numbers of the Commission's choosing.(l) All telephone instruments and the telecommunications facilities used for transmission of service are subject to periodic inspections to assure compliance with Commission requirements. Findings of non-compliance will be brought to the attention of the Inmate Phone Service provider and the inmate facility by letter. If violations are not corrected within thirty (30) days from the date of the Commissions letter, unless otherwise extended by the Commission, the provider may be subject to additional Commission action up to and including revocation of the Commission issued Certificate authorizing the provider to offer IPS service within the state of Alabama.(m) Inmate facilities shall have the capability to limit or deny access to inmate phone service at times deemed proper by the inmate facility. Cutoff keys or switches placed on the IPS provider's side of the network interface shall be made available to the inmate facility administration upon request.(n) Upon request by the inmate facility administration, the IPS provider shall promptly furnish to the inmate facility call detail information where the provision of such information is not in violation of federal, state or local laws, regulations or orders.(4) Reporting Requirements (a) All IPS providers shall submit to the Commission, upon request but routinely on an annual basis by inmate facility location, a written report of all access lines and the number of telephone instruments used to provide IPS. The reporting period is as of the end of May. The report must be received at the Commission prior to the end of the succeeding month that follows the reporting period (i.e., end of June).(b) Upon request from the Commission, IPS providers must, in a timely manner, and in accordance with confidentiality agreements between the IPS provider and Commission staff as necessary, submit data requested by the Commission relating to its Alabama IPS operations, including but not limited to, revenue, expenses and facilities/usage data by inmate facility.Ala. Admin. Code r. 770-X-5-.15A.01
Effective March 2009. Filed with LRS February 5, 2 013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to the Code of Ala. 1975, § 41-22-7.Author: Alabama Public Service Commission
Statutory Authority:Code of Ala. 1975, §§ 37-1-52, 37-1-57, 37-1-82, 37-2-3, 37-2-10, 37-212.