Securus Notice Of Ex

Ex PARTE PRESENTATION NOTIFICATION LETTER submitted by c/o Squire Patton Boggs (US) LLP

Securus Notice of Ex Parte

2017-07-24

This document pretains to ITC-T/C-20170511-00094 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2017051100094_1251096

S U I R D\ Squire Patton Boggs (US) LLP / 2550 M Street, NWV PATTON BOGGS Washington, DC 20037 O +1 202 457 6000 Fo_ +1 202 457 6315 squirepattonboggs.com Paul Besozzi T +1 202 457 5292 Paul.Besozzi@squirepb.com VIA ECFS AND IBFS July 24, 2017 Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: Notice of Ex Parte — WC Docket No. 17—126; ITC—T/C—20170511—00094; TTC—T/C—20170511—00095 — Securus Investment Holdings, LLC; Securus Technologies, Inc.; T—NETIX, Inc.; and T—NETIX Telecommunications Services, Inc. Dear Ms. Dortch: Dennis Reinhold, Vice President, General Counsel, and Secretary of Securus Investment Holdings, LLC, Securus Technologies, Inc., T—NETIX, Inc., and T—NETIX Telecommunications Services, Inc. (collectively "STT"); Paul C. Besozzi and Koyulyn K. Miller, counsel to STI; and William Wilhelm, counsel for SCRS Acquisition Corporation (SCRS") (collectively, "Applicants"), met with several Federal Communications Commuission ("FCC" or "Commission") staff regarding the pending request for approval of the indirect transfer of control of STT‘s domestic and international Section 214 authority‘ ‘ Joint Application ofSecurus Investment Holdings, LLC, Transferor, Securus Technologies, Inc., Licensee T—NETIX, Inc., Licensee T—NETIX Telecommunications Services, Inc., Licensee, and SCRS Acquisition Corporation For Grant ofAuthority Pursuant to Section 214 ofthe Communications Act of 1934, as amended, and Sections 63.04 ofthe Commission‘s Rules to Transfer Indirect Ownership and Control ofLicensees to SCRS Acquisition Corporation, WC Docket 17—126 (filed May 11, 2017), ITC—T/C—20170511—00094, ITC—T/C—20170511—00095 (filed May 11, 2017) ("Joint Application"). 44 Offices in 21 Countries Squire Patton Boggs (US) LLP is part of the international legal practice Squire Patton Boggs, which operates worldwide through a number of separate legal entities. Please visit squirepattonboggs.com for more information. 010—8506—8989/5/AMERICAS

Squire Patton Boggs (US) LLP July 24, 2017 Page 2 through a parent—level transaction ("‘Transaction"). The primary purpose of the meetings was to discuss issues raised by petitioners seeking to deny or delay approval of the pending Joint Application ("Petitioners")." Specifically, on July 20, 2017, Messts. Reinhold, Besozzi, and Wilhelm, and Ms. Millet met with Madeline Findley, Deputy Chief, Wireline Competition Bureau, as well as staff in the Competition Policy Division of the Wireline Competition Bureau: Daniel Kahn, Division Chief; Jodie May, Assistant Division Chief; and Sherwin Siy, Special Counsel. On the same day, Messrs. Reinhold, Besozzi, and Wilhelm, and Ms. Miller met with Jay Schwarz, Witeline Advisor, and Kristine Fargotstein, Acting Legal Advisor in the Office of Chairman Ajit Pai. By and through the undersigned counsel, and pursuant to Section 1.1206(b) of the Commission‘s rules," the Applicants hereby report that during the meetings the following issues were discussed: 1. Review Of Applicants‘ July 20 Ex Parte — Applicants reviewed the points made in their July 20, 2017 Ex Parte, including Petitioner‘s continued assertion that STI violated FCC rule Sections 64.6080% (per—call, per—connection charges) and 64.6090° (flat rate calling) because "inmates and their families in more than 200 correctional facilities are charged significantly less for the second minute and subsequent minutes of each intrastate ICS call." Specifically, Applicants discussed how, even if such rules were applicable to intrastate rates, * Petition To Deny By The Wright Petitioners, Citizen United For Rebabilitation Of Errants, Prison Policy Initiative, Human Rights Defense Center, The Center For Media Justice, Working Narratives, United Church Of Christ, OC, Inc., and Free Press, dated June 16, 2017, WC Docket 17—126; ITC—T/C—20170511—00094; ITC—T/C—20170511—00095 ("Petition‘"); See Opposition To Petition To Deny By The Wright Petitioners, Citizen United For Rebabilitation Of Errants, Prison Policy Initiative, Human Rights Defense Center, The Center For Media Justice, Working Narratives, United Church Of Christ, OC, Inc., and Free Press, dated June 16, 2017, WC Docket 17—126; ITC—T/C—20170511—00094; ITC—T/C—20170511—00095, filed June 26, 2017 ("Opposition"); Rep/y To Opposition By The Wright Petitioners, Citizen United For Rehabilitation Of Errants, Prison Policy Initiative, Human Rights Defense Center, The Center For Media Justice, Working Narratives, United Church Of Christ, OC, Inc., and Free Press, dated June 16, 2017, WC Docket 17—126; ITC—T/C—20170511—00094; ITC—T/C—20170511—00095 ("Reply"). >47 C.F.R. § 1.1206(b). *47 C.F.R. § 64.6080. 547 C.F.R. § 64.6090. 010—8506—8989/5/AMERICAS

Squire Patton Boggs (US) LLP July 24, 2017 Page 3 such rate structures did not fit the definitions of per—call and flat rate calling in Section 64.6000 of the Commission‘s rules." 2. Wright Petitioners Already Raised The Same Assertions In Rulemaking Proceedings — Applicants noted that the Wright Petitioners had lodged the same assertions regarding Sections 64.6080 and 64.6090" in July of last year in rulemaking WC Docket No. 12—375 and again in that Docket and rulemaking GN Docket No. 13—111 in January of this year." Applicants noted that despite that fact, Petitioners, as some did in 2013, were attempting to use an indirect transfer of control proceeding to raise the issue yet again. 3. Impact Of Further Delay — Applicants addressed the negative impact of Petitioners‘ request that Commission action on the Joint Application be delayed until final disposition of the G/oba/ Te/*Link v. F.C.C. case, including specifically delay beyond August 1, 2017, which the Applicants had discussed with Wireline Competition Bureau staff during their meeting on July 6. Applicants reiterated points made in their opposition and July 10 Ex Parte about these impacts and asked the Commission to approve the Joint Application by August 1. 4. Prospective And Existing Securus Programs — The Applicants reviewed a number of the programs subsequently outlined in the Applicants‘ July 21 Ex Parte submission, such as the Securus Foundation and Correctional Officer Memorial Fund. 6 47 C.F.R. § 64.6000. " 47 C.F.R. §§ 64.6080—64.6090. 8 Wright Petitioners, Ex Parte Submission, Rates For Interstate Inmate Calling Services, WC Docket No. 12—375, July 29, 2016, p. 3 (the solution is to cap all ICS rates); see a/so Wright Petitioners, Prison Policy Initiative, New Jersey Advocates for Immigrant Detainees and United Church of Christ, OC Inc., Ex Parte Submission, Rates For Inmate Calling Services, WC Docket No. 12—375, Promoting Technological Solutions to Combat Contraband Wireless Device Use in Correctional Facilities, January 17, 2017, p. 2. 010—8506—8989/5/AMERICAS

Squire Patton Boggs (US) LLP July 24, 2017 Page 4 5. Other Points Made In Opposition And Ex Parte Notices — Applicants reiterated points concerning the compliance record of Securus, the qualifications of the transferee, and the lack of merit of other arguments previously made by Petitionetrs in their Petition and Reply. ectfully su itted, Paul C. Besozzi Squire Patton Boggs (US) LLP 2550 M Street, NW Washington, DC 20037 202—457—5292 Counselfor Securus Investment Holdings, LLC; Securus Technologies, Inc.; T— NETIX, Inc.; and T—NETIX Telecommunications Services, Inc. ce: Chairman Ajit Pai Commuissioner Mignon Clyburn Commussioner Michael O‘Rielly Brendan Carr, General Counsel Kris Monteith, Chief, Wireline Competition Bureau Tom Sullivan, Chief, International Bureau Jay Schwarz, Office of Chairman Pai Kristine Fargotstein, Office of Chairman Pai Jim Bird, Office of General Counsel Madeleine Findley, Wireline Competition Bureau Daniel Kahn, Wireline Competition Bureau Jodie May, Wireline Competition Bureau Sherwin Siy, Wireline Competition Bureau Tracey Wilson, Wireline Competition Bureau David Krech, International Bureau Sumita Mukhoty, International Bureau Lee G. Petro, Counsel for Petitioners William B. Wilhelm, Counsel for Transferee. 010—8506—8989/5/AMERICAS


Document Created: 2017-07-24 16:32:38
Document Modified: 2017-07-24 16:32:38
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