Case: Securus Technologies v. FCC

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

Filed Date: 2016

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.) This suit, brought on Sept. 13, 2016, challenged a Federal Communications Commission (FCC) order that set new rate caps for local (intrastate) and long-distance (interstate) inmate calling. More information on the prior administrative proceedings can be found here. The State brought this suit pursuant to the Administrative Procedure Act (APA), alleging the FCC violated the APA's prohibition of arbitrary and capricious regulations and regu…

(This summary is temporary, while we research the case.)

This suit, brought on Sept. 13, 2016, challenged a Federal Communications Commission (FCC) order that set new rate caps for local (intrastate) and long-distance (interstate) inmate calling. More information on the prior administrative proceedings can be found here. The State brought this suit pursuant to the Administrative Procedure Act (APA), alleging the FCC violated the APA's prohibition of arbitrary and capricious regulations and regulations that exceed statutory authority. The plaintiff sought review of the the FCC's Order on Reconsideration issued in August 2016.

While this suit was pending, a suit on the FCC's prior order regarding these rate caps (the Second Order) was also pending appeal in the Circuit Court. Those proceedings, and an explanation of why the plaintiffs are bring suit, can be found here.

This case was consolidated with several other cases challenging the Order on Reconsideration:

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, 2016 in jails. The court also held in abeyance further proceedings in this matter until the matter regarding the Second Order was resolved.

The Circuit Court enjoined the Second Order's provisions regarding intrastate rate caps on June 13, 2017. In response, 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 2013 First Order on inmate calling services.

The case is ongoing.

 

Summary Authors

Virginia Weeks (12/5/2017)

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, No Court (2012)

State of Oklahoma v. FCC, No Court (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4493282/parties/securus-technologies-inc-v-fcc/

Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Resources

Docket

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

Last updated June 29, 2022, 9:27 p.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

Case Details

State / Territory: District of Columbia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: 2016