Case: Securus Technologies v. FCC

16-01321 | U. S. Court of Appeals for the District of Columbia Circuit

Filed Date: Sept. 13, 2016

Closed Date: Dec. 21, 2017

Clearinghouse coding complete

Case Summary

This case is about private companies challenging the Federal Communications Commission’s (FCC) proposed rate caps for prison calling services. On September 13, 2016, Securus Technologies, Inc. petitioned the United States Court of Appeals for the District of Columbia Circuit for review of a FCC reconsideration order setting new rate caps for local (intrastate) and long-distance (interstate) inmate calling. The Campaign for Prison Phone Justice Intervened in the case.  In 2012, the FCC initiated…

This case is about private companies challenging the Federal Communications Commission’s (FCC) proposed rate caps for prison calling services. On September 13, 2016, Securus Technologies, Inc. petitioned the United States Court of Appeals for the District of Columbia Circuit for review of a FCC reconsideration order setting new rate caps for local (intrastate) and long-distance (interstate) inmate calling. The Campaign for Prison Phone Justice Intervened in the case. 

In 2012, the FCC initiated the notice and comment process to consider changes to the rules governing rates for inmate calling services, and issued an order the next year. (“First Order”). Following the First Order, the FCC received several proposals from calling service providers urging reform. The FCC initiated a second notice and comment rulemaking process and published the “Second Order” in October 2015. 

Inmate calling service providers also challenged the Second Order, alleging that the FCC’s proposed rate caps violated the Administrative Procedure Act’s prohibition against arbitrary and capricious regulations and regulations exceeding statutory authority. More information on these administrative proceedings can be found here. In a parallel proceeding, the State of Oklahoma filed a lawsuit against the FCC challenging the rate caps. In March 2016, the D.C. Circuit granted a partial stay of the Second Order with respect to intrastate calling rate caps. In response to this litigation, the FCC issued an Order on Reconsideration in August 2016.  

Securus Technologies, Inc. petitioned the D.C. Circuit for review of the Order on Reconsideration on September 13, 2016. This case was consolidated with several other cases challenging the order:

Global Tel*Link v. FCC, et al, Docket No. 16-01322

Telmate, LLC v. FCC, et al, Docket No. 16-01323

State of Oklahoma, et al v. FCC, et al, Docket No. 16-01339

Pay Tel Communications, Inc. v. FCC, et al, Docket No. 16-01392

Centurylink Public Comm v. FCC, et al, Docket No. 16-01393.

On Nov. 2, 2016, the court stayed the FCC's Order on Reconsideration as to the rate caps imposed by that order on inmate calling services, set to go in effect December 12, 2016 in prisons and March 13, 2017 in jails. The court also held in abeyance further proceedings in this matter until the matter regarding the Second Order was resolved.  2016 WL 6591778. 

On June 13, 2017, the D.C. Circuit enjoined the Second Order's provisions regarding intrastate rate caps. Global TelLink v. FCC, 866 F.3d 397 (D.C. Cir. 2017). The parties jointly moved to vacate the Order on Reconsideration in light of this decision. They also moved to have the court dismiss as moot prior litigation challenging the FCC’s First Order on inmate calling services.

On December 17, 2021, the court summarily vacated the Order on Reconsideration with regard to the setting of rate caps on inmate calling service. The court noted in the per curiam order that the parties agreed the amended rate caps were premised on the legal framework and mathematical methodology that the D.C. Circuit rejected in Global TelLink v. FCC.

The matter was remanded to the Federal Communications Commission for the consideration of the remaining provisions of the Order on Reconsideration. 

The case was closed. 

President Joe Biden signed the Martha Wright-Reed Just and Reasonable Communications Act of 2022 on January 5, 2023. The Act clarified the FCC’s authority to regulate intrastate phone calls and video calls placed from correctional facilities. The Act would allow the FCC to cap the amount telecommunications companies may charge for intrastate phone calls and video calls. Regulations are estimated to be implemented in the latter half of 2024. 

Summary Authors

Virginia Weeks (12/5/2017)

Grayson Metzger (2/15/2024)

Related Cases

Wright v. Corrections Corporation of America, District of Columbia (2000)

Judd v. AT&T, Washington state trial court (2000)

In re Rates for Interstate Inmate Calling Services / Wright Petition II, U. S. Court of Appeals for the District of Columbia Circuit (2012)

State of Oklahoma v. FCC, U. S. Court of Appeals for the District of Columbia Circuit (2016)

Documents in the Clearinghouse

Document

15-1461

Opinion

Global Tel*Link v. Federal Communications Commission and United States of America

June 13, 2017

June 13, 2017

Order/Opinion

16-01321

Order

Dec. 21, 2017

Dec. 21, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4493282/securus-technologies-inc-v-fcc/

Last updated Feb. 15, 2024, 11:52 a.m.

ECF Number Description Date Link Date / Link
1207854707

PETITION FOR REVIEW [1635527] filed of a decision by federal agency filed by Securus Technologies, Inc. [Service Date: 09/13/2016 ] Disclosure Statement: Attached; Certificate of Parties: Not Applicable to this Filing. [16-1321]

Sept. 13, 2016

Sept. 13, 2016

PACER
1207854717

CERTIFIED COPY [1635529] of Petition for Review sent to respondent [1635527-2] [16-1321]

Sept. 13, 2016

Sept. 13, 2016

PACER
1207854731

CLERK'S ORDER [1635539] filed consolidating cases 16-1322 (Consolidation started 09/13/2016) with 16-1321 [16-1321, 16-1322]

Sept. 13, 2016

Sept. 13, 2016

PACER
1207854734

CLERK'S ORDER [1635540] filed directing party to file initial submissions: PETITIONER docketing statement due 10/13/2016. PETITIONER certificate as to parties due 10/13/2016. PETITIONER statement of issues due 10/13/2016. PETITIONER underlying decision due 10/13/2016. PETITIONER deferred appendix statement due 10/13/2016. PETITIONER procedural motions due 10/13/2016. PETITIONER dispositive motions due 10/28/2016; directing party to file initial submissions: RESPONDENT entry of appearance due 10/13/2016. RESPONDENT procedural motions due 10/13/2016. RESPONDENT certified index to record due 10/28/2016. RESPONDENT dispositive motions due 10/28/2016 [16-1321, 16-1322]

Sept. 13, 2016

Sept. 13, 2016

PACER
1207855334

ENTRY OF APPEARANCE [1635901] filed by Sarah E. Citrin and co-counsel Jacob M. Lewis; Richard K. Welch on behalf of Respondent FCC in 16-1321, 16-1322. [16-1321, 16-1322] (Citrin, Sarah)

Sept. 15, 2016

Sept. 15, 2016

PACER
1207855457

CLERK'S ORDER [1635968] filed consolidating cases 16-1323 (Consolidation started 09/15/2016) with 16-1321. Directing party to file initial submissions: PETITIONER docketing statement due 10/17/2016. PETITIONER statement of issues due 10/17/2016 [16-1321, 16-1322, 16-1323]

Sept. 15, 2016

Sept. 15, 2016

PACER
1207856035

MODIFIED PARTY FILER--MOTION [1636285] filed for leave to intervene [Disclosure Listing: Attached] filed by Ulandis Forte, et al. [Service Date: 09/16/2016 ] [16-1321]--[Edited 09/19/2016 by JJA] (Schwartzman, Andrew)

Sept. 16, 2016

Sept. 16, 2016

PACER
1207859196

EMERGENCY MOTION [1637997] filed to stay underlying order in case (Response to Motion served by hand due on 10/07/2016) filed by Securus Technologies, Inc. [Service Date: 09/27/2016 by Hand Delivery] Pages: 16-20. [16-1321] (Joyce, Stephanie)

Sept. 27, 2016

Sept. 27, 2016

PACER
1207859300

REDACTED MOTION [1638061] filed to Stay Underlying Order (Response to Motion served by mail due on 10/11/2016) filed by Telmate, LLC in 16-1323 [Service Date: 09/27/2016 by CM/ECF NDA] Pages: 16-20. [16-1323, 16-1321] (Strandberg, Brita)

Sept. 27, 2016

Sept. 27, 2016

PACER
1207859507

AMENDED CERTIFICATE OF SERVICE [1638165] to motion to stay case [1638057-2] filed by Telmate, LLC in 16-1323. [16-1323, 16-1321] (Strandberg, Brita)

Sept. 28, 2016

Sept. 28, 2016

PACER
1207859737

MOTION [1638282] filed to stay underlying order in case (Response to Motion served by mail due on 10/14/2016) filed by Global Tel*Link in 16-1322 [Service Date: 09/28/2016 by CM/ECF NDA] Pages: 21-30. [16-1321, 16-1322, 16-1323] (Kellogg, Michael)

Sept. 28, 2016

Sept. 28, 2016

PACER
1207861252

CLERK'S ORDER [1639029] filed consolidating cases 16-1339 (Consolidation started 10/03/2016) with 16-1321; directing party to file in 16-1339 initial submissions: PETITIONER docketing statement due 11/02/2016. PETITIONER statement of issues due 11/02/2016 [16-1321, 16-1322, 16-1323, 16-1339]

Oct. 3, 2016

Oct. 3, 2016

PACER
1207861390

UNOPPOSED MOTION [1639121] filed to extend time to file response to 10/14/2016., to exceed page limits in response filed by FCC in 16-1321, 16-1322, 16-1323, 16-1339 [Service Date: 10/04/2016 ] Pages: 1-10. [16-1321, 16-1322, 16-1323, 16-1339] (Citrin, Sarah)

Oct. 4, 2016

Oct. 4, 2016

PACER
1207861661

PER CURIAM ORDER [1639276] Upon consideration of the unopposed motion for extension of time and to exceed page limits [1639121-2], it is ORDERED that respondents file a consolidated response to the petitioners’ motions for stay [1638282-2] [1638057-2] [1637997-2] [1637991-2] by 4:00 p.m. on Thursday, October 13, 2016. The consolidated response may not exceed 30 pages. Any reply is due by 4:00 p.m. on Thursday, October 20, 2016, and may not exceed 10 pages. Before Judges: Rogers, Srinivasan and Wilkins. [16-1321, 16-1322, 16-1323, 16-1339]

Oct. 4, 2016

Oct. 4, 2016

PACER
1207861752

LETTER [1639323] filed pursuant to FRAP 28j advising of additional authorities filed by Telmate, LLC in 16-1323 [Service Date: 10/04/2016 ] [16-1323, 16-1321] (Strandberg, Brita)

Oct. 4, 2016

Oct. 4, 2016

PACER
1207861801

MOTION [1639347] filed for injunction (Response to Motion served by mail due on 10/17/2016) filed by Indiana Sheriff's Association, Lake County Sheriff's Department, Marion County Sheriff's Office, National Association of Regulatory Utility Commissioners, Oklahoma Sheriffs' Association, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Nevada, State of Oklahoma, State of Wisconsin and John Whetsel in 16-1339 [Service Date: 10/04/2016 by CM/ECF NDA] Pages: 16-20. [16-1339, 16-1321, 16-1322, 16-1323] (Mansinghani, Mithun)

Oct. 4, 2016

Oct. 4, 2016

PACER
1207862192

AMENDED CERTIFICATE OF SERVICE [1639579] to letter Rule 28j authorities [1639323-2], letter [1639323-3] filed by Telmate, LLC in 16-1323. [16-1323, 16-1321] (Strandberg, Brita)

Oct. 5, 2016

Oct. 5, 2016

PACER
1207864470

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1640781] filed by Securus Technologies, Inc. in 16-1321 [Service Date: 10/13/2016 ] [16-1321, 16-1322, 16-1323, 16-1339] (Joyce, Stephanie)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864474

DOCKETING STATEMENT [1640783] filed by Securus Technologies, Inc. in 16-1321 [Service Date: 10/13/2016 ] [16-1321, 16-1322, 16-1323, 16-1339] (Joyce, Stephanie)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864477

STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1640784] filed by Securus Technologies, Inc. in 16-1321 [Service Date: 10/13/2016 ] Intent: AppxDeferred [16-1321, 16-1322, 16-1323, 16-1339] (Joyce, Stephanie)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864480

STATEMENT OF ISSUES [1640785] filed by Securus Technologies, Inc. in 16-1321 [Service Date: 10/13/2016 ] [16-1321, 16-1322, 16-1323, 16-1339] (Joyce, Stephanie)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864483

UNDERLYING DECISION IN CASE [1640787] submitted by Securus Technologies, Inc. in 16-1321 [Service Date: 10/13/2016 ] [16-1321, 16-1322, 16-1323, 16-1339] (Joyce, Stephanie)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864536

DOCKETING STATEMENT [1640809] filed by Global Tel*Link in 16-1322 [Service Date: 10/13/2016 ] [16-1322, 16-1321, 16-1323, 16-1339] (Kellogg, Michael)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864539

ENTRY OF APPEARANCE [1640810] filed by Daniel Haar and co-counsel Robert B. Nicholson on behalf of Respondent USA in 16-1321. [16-1321, 16-1322, 16-1323, 16-1339] (Haar, Daniel)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864542

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1640811] filed by Global Tel*Link in 16-1322 [Service Date: 10/13/2016 ] [16-1322, 16-1321, 16-1323, 16-1339] (Kellogg, Michael)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864547

STATEMENT OF ISSUES [1640813] filed by Global Tel*Link in 16-1322 [Service Date: 10/13/2016 ] [16-1322, 16-1321, 16-1323, 16-1339] (Kellogg, Michael)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864552

STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1640816] filed by Global Tel*Link in 16-1322 [Service Date: 10/13/2016 ] Intent: AppxDeferred [16-1322, 16-1321, 16-1323, 16-1339] (Kellogg, Michael)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864555

UNDERLYING DECISION IN CASE [1640818] submitted by Global Tel*Link in 16-1322 [Service Date: 10/13/2016 ] [16-1322, 16-1321, 16-1323, 16-1339] (Kellogg, Michael)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864609

JOINT ENTRY OF APPEARANCE [1640859] filed by Stephanie A. Joyce, Arent Fox LLP and co-counsel Andrew D. Lipman, Morgan, Lewis & Bockius LLP on behalf of Petitioner Securus Technologies, Inc. in 16-1321. [16-1321, 16-1322, 16-1323, 16-1339] (Joyce, Stephanie)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864657

MOTION [1640887] filed for leave to file response (Response to Motion served by mail due on 10/27/2016) filed by Campaign for Prison Phone Justice, Citizens United for Rehabilitation of Errants, DC Prisoners' Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs, Dedra Emmons, Ulandis Forte, Human Rights Defense Center, Laurie Lamancusa, Jackie Lucas, Darrell Nelson, Earl J. Peoples, Ethel Peoples, Prison Policy Initiative, United Church of Christ, Office of Communication, Inc. and Charles Wade in 16-1321 [Service Date: 10/13/2016 by CM/ECF NDA] Pages: 21-30. [16-1321, 16-1322, 16-1323, 16-1339]--[Edited 10/13/2016 by JJA] (Schwartzman, Andrew)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864669

MODIFIED EVENT FROM FILED TO LODGED--RESPONSE IN OPPOSITION [1640892] filed to motion for injunction [1639347-2], motion to stay case [1638282-2], motion to stay case [1638057-2], motion to stay case [1637997-2] filed by Campaign for Prison Phone Justice, Citizens United for Rehabilitation of Errants, DC Prisoners' Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs, Dedra Emmons, Ulandis Forte, Laurie Lamancusa, Jackie Lucas, Darrell Nelson, Earl J. Peoples, Ethel Peoples, Prison Policy Initiative, United Church of Christ, Office of Communication, Inc. and Charles Wade in 16-1321 [Service Date: 10/13/2016 by CM/ECF NDA] Pages: 21-30. [16-1321, 16-1322, 16-1323, 16-1339]--[Edited 10/13/2016 by JJA] (Schwartzman, Andrew)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864703

RESPONSE IN OPPOSITION [1640917] to motion to stay [1638282-2] filed by FCC and USA in 16-1321, 16-1322, 16-1323, 16-1339 [Service Date: 10/13/2016 by CM/ECF NDA] Pages: 21-30. [16-1321, 16-1322, 16-1323, 16-1339]--[Edited 10/14/2016 by JJA] (Citrin, Sarah)

Oct. 13, 2016

Oct. 13, 2016

PACER
1207864743

CLERK'S ORDER [1640921] filed granting motion for leave to file [1640887-2] and motion for leave to intervene [1636285-2] in 16-1321 [16-1321, 16-1322, 16-1323, 16-1339]

Oct. 13, 2016

Oct. 13, 2016

PACER
1207865362

DOCKETING STATEMENT [1641276] filed by Telmate, LLC in 16-1323 [Service Date: 10/17/2016 ] [16-1323, 16-1321] (Strandberg, Brita)

Oct. 17, 2016

Oct. 17, 2016

PACER
1207865365

STATEMENT OF ISSUES [1641277] filed by Telmate, LLC in 16-1323 [Service Date: 10/17/2016 ] [16-1323, 16-1321] (Strandberg, Brita)

Oct. 17, 2016

Oct. 17, 2016

PACER
1207866612

REPLY [1641967] filed by Indiana Sheriff's Association, Lake County Sheriff's Department, Marion County Sheriff's Office, National Association of Regulatory Utility Commissioners, Oklahoma Sheriffs' Association, State of Arizona, State of Arkansas, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Nevada, State of Oklahoma, State of Wisconsin and John Whetsel in 16-1339 to response [1640917-2] [Service Date: 10/20/2016 by CM/ECF NDA] Pages: 1-10. [16-1321, 16-1322, 16-1323, 16-1339] (Mansinghani, Mithun)

Oct. 20, 2016

Oct. 20, 2016

PACER
1207866624

JOINT REPLY [1641971] filed by Securus Technologies, Inc. in 16-1321, Global Tel*Link in 16-1322, Telmate, LLC in 16-1323 to response [1640917-2], [1640892-2] [Service Date: 10/20/2016 by CM/ECF NDA] Pages: 1-10. [16-1321, 16-1322, 16-1323, 16-1339] (Kellogg, Michael)

Oct. 20, 2016

Oct. 20, 2016

PACER
1207870862

DOCKETING STATEMENT [1644213] filed by State of Oklahoma [Service Date: 11/02/2016 ] [16-1339] (Mansinghani, Mithun)

Nov. 2, 2016

Nov. 2, 2016

PACER
1207870869

STATEMENT OF ISSUES [1644214] filed by State of Oklahoma [Service Date: 11/02/2016 ] [16-1339] (Mansinghani, Mithun)

Nov. 2, 2016

Nov. 2, 2016

PACER
1207870997

PER CURIAM ORDER [1644302] filed ORDERED that the motions for stay be granted. FURTHER ORDERED that these consolidated cases be held in abeyance pending this court's disposition of No. 15-1461. The parties are directed to file motions to govern future proceedings within 30 days of court's disposition of case 15-1461. Before Judges: Rogers, Srinivasan and Wilkins. [16-1321, 16-1322, 16-1323, 16-1339]

Nov. 2, 2016

Nov. 2, 2016

PACER
1207874066

CLERK'S ORDER [1645873] filed consolidating cases 16-1392, 16-1393 (Consolidation started 11/14/2016) with 16-1321, holding case in abeyance. Cases 16-1392,16-1393 held in abeyance pending decision in 15-1461 from this court [16-1321, 16-1322, 16-1323, 16-1339, 16-1392, 16-1393]

Nov. 14, 2016

Nov. 14, 2016

RECAP
1207874234

ENTRY OF APPEARANCE [1645930] filed by David M. Gossett on behalf of Respondent FCC in 16-1321, 16-1322, 16-1323, 16-1339, 16-1392, 16-1393. [16-1321, 16-1322, 16-1323, 16-1339, 16-1392, 16-1393] (Gossett, David)

Nov. 14, 2016

Nov. 14, 2016

PACER
1207898922

ENTRY OF APPEARANCE [1659292] filed by Brendan T. Carr on behalf of Respondent FCC in 16-1321, 16-1322, 16-1323, 16-1339, 16-1392, 16-1393. [16-1321, 16-1322, 16-1323, 16-1339, 16-1392, 16-1393] (Carr, Brendan)

Feb. 3, 2017

Feb. 3, 2017

PACER
1207901620

MOTION [1660810] to withdraw attorney Patrick R. Wyrick (Response to Motion served by mail due on 02/21/2017) filed by Oklahoma Sheriffs' Association, State of Oklahoma and John Whetsel in 16-1339 (Service Date: 02/10/2017 by CM/ECF NDA) Length Certification: 67 Words. [16-1321, 16-1322, 16-1323, 16-1339, 16-1392, 16-1393] (Wyrick, Patrick)

Feb. 10, 2017

Feb. 10, 2017

PACER
1207940071

NOTICE [1681750] to withdraw attorney Drew Simshaw who represented Charles Wade, United Church of Christ, Office of Communication, Inc., Prison Policy Initiative, Ethel Peoples, Earl J. Peoples, Darrell Nelson, Jackie Lucas, Laurie Lamancusa, Human Rights Defense Center, Ulandis Forte, Dedra Emmons, DC Prisoners' Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs, Citizens United for Rehabilitation of Errants and Campaign for Prison Phone Justice in 16-1321 filed by Campaign for Prison Phone Justice, Citizens United for Rehabilitation of Errants, DC Prisoners' Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs, Dedra Emmons, Ulandis Forte, Human Rights Defense Center, Laurie Lamancusa, Jackie Lucas, Darrell Nelson, Earl J. Peoples, Ethel Peoples, Prison Policy Initiative, United Church of Christ, Office of Communication, Inc. and Charles Wade in 16-1321 [Service Date: 06/28/2017 ] [16-1321, 16-1322, 16-1323, 16-1339, 16-1392, 16-1393] (Simshaw, Drew)

June 28, 2017

June 28, 2017

PACER
1207966104

Per Curiam Order Filed (Special Panel)

Oct. 6, 2017

Oct. 6, 2017

PACER
1207986842

Per Curiam Order Filed (Special Panel)

Dec. 21, 2017

Dec. 21, 2017

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Sept. 13, 2016

Closing Date: Dec. 21, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A private company that provides telephone and communication services for incarcerated people

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Communications Commission (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Conditions of confinement

Phone

Type of Facility:

Government-run