Current through September 30, 2024
Section 64.6110 - [Effective on an indefinitely delayed date ] Consumer Disclosure of Incarcerated People's Communications Services Rates(a) Providers must clearly, accurately, and conspicuously disclose their intrastate, interstate, and international Incarcerated People's Communications Services rates, charges and associated practices on their publicly available websites. In connection with international rates, Providers shall also separately disclose the rate component for terminating calls to each International Destination where that Provider terminates International Communications. (1) In addition to the information required in paragraph (a) of this section, the Provider must disclose information on: (i) How to manage an IPCS Account;(ii) How to fund an IPCS Account;(iii) How to close an IPCS Account and how to obtain a refund of any unused balance in that account; and(iv) How to obtain a refund of any unused balance in inactive accounts pursuant to § 64.6130 of this chapter.(b) Providers must clearly label the Facility-Related Rate Component (either the Legally Mandated Facility Rate Component or the Contractually Prescribed Facility Rate Component) identified in § 64.6030(d) as a separate line item on Consumer bills for the recovery of permissible facility-related costs contained in Site Commission payments. To be clearly labeled, the Facility-Related Rate Component shall: (1) Identify the Provider's obligation to pay a Site Commission as either imposed by state statutes or laws or regulations that are adopted pursuant to state administrative procedure statutes where there is notice and an opportunity for public comment that operates independently of the contracting process between Correctional Institutions and Providers or subject to a contract with the Correctional Facility;(2) Where the Site Commission is imposed by state statute, or law or regulation adopted pursuant to state administrative procedure statutes where there is notice and an opportunity for public comment and that operates independently of the contracting process between Correctional Institutions and Providers, specify the relevant statute, law, or regulation.(3) Identify the amount of the Site Commission payment, expressed as a per-minute or per-call charge, a percentage of revenue, or a flat fee; and(4) Identify the amount charged to the Consumer for the call or calls on the bill.(c) Providers must clearly label all charges for International Communications in § 64.6010(d) of this chapter as a separate line item on Consumer Billing Statements and Statements of Account. To be clearly labeled, Providers must identify the amount charged to the Consumer for the International Communication, including the costs paid by the provider to its underlying international providers to terminate the International Communication to the International Destination of the call.(d) Providers shall make disclosures pursuant to this section available: (1) Via the Provider's website in a form generally accessible to the public without needing to have an IPCS Account with the Provider;(2) Via the Provider's online or mobile application, if Consumers use that application to create an IPCS Account with the Provider; and(3) On paper, upon request of the Consumer.(e) Billing Statements and Statements of Account:(1) Providers must make available Billing Statements and Statements of Account to all IPCS Account holders on a monthly basis via: (i) The Provider's website;(ii) The Provider's online or mobile application; or(iii) On paper, upon request of the Consumer.(2) Billing Statements and Statements of Account shall include:(i) The amount of any deposits to the account;(ii) The duration of any calls and communications for which a charge is assessed; and(iii) The balance remaining in the IPCS Account after the deduction of those charges.(f) All disclosures made pursuant to this section, and §§ 64.6130 and 64.6140 shall be clear, accurate, and conspicuous, and shall be available in accessible formats for people with disabilities.(g) Paragraph (b) of this section shall cease to be effective upon the individual compliance dates prescribed in the revisions to § 64.6010 and the addition of § 64.6015.87 FR 40732, July 28, 2021, as amended at 87 FR 7956, Feb. 11, 2022 86 FR 40731, 7/28/2021; as amended at 87 FR 7956, 2/11/2022; 89 FR 77366, effective date to be determined