§  64.6000   Definitions.

   Link to an amendment published at  86 FR 40731 , July 28, 2021.

   As used in this subpart:

   (a) Ancillary Service Charge means any charge Consumers may be assessed
   for, or in connection with, the interstate or international use of
   Inmate Calling Services that are not included in the per-minute charges
   assessed for such individual calls. Ancillary Service Charges that may
   be assessed are limited only to those listed in paragraphs (a)(1)
   through (5) of this section. All other Ancillary Service Charges are
   prohibited. For purposes of this definition, “interstate” includes any
   Jurisdictionally Mixed Charge, as defined in paragraph (u) of this
   section.

   (1) Automated Payment Fees means credit card payment, debit card
   payment, and bill processing fees, including fees for payments made by
   interactive voice response (IVR), web, or kiosk;

   (2) Fees for Single-Call and Related Services means billing
   arrangements whereby an Inmate's collect calls are billed through a
   third party on a per-call basis, where the called party does not have
   an account with the Provider of Inmate Calling Services or does not
   want to establish an account;

   (3) Live Agent Fee means a fee associated with the optional use of a
   live operator to complete Inmate Calling Services transactions;

   (4) Paper Bill/Statement Fees means fees associated with providing
   customers of Inmate Calling Services an optional paper billing
   statement;

   (5) Third-Party Financial Transaction Fees means the exact fees, with
   no markup, that Providers of Inmate Calling Services are charged by
   third parties to transfer money or process financial transactions to
   facilitate a Consumer's ability to make account payments via a third
   party.

   (b) Authorized Fee means a government authorized, but discretionary,
   fee which a Provider must remit to a federal, state, or local
   government, and which a Provider is permitted, but not required, to
   pass through to Consumers for or in connection with interstate or
   international Inmate Calling Service. An Authorized Fee may not include
   a markup, unless the markup is specifically authorized by a federal,
   state, or local statute, rule, or regulation.

   (c) Average Daily Population (ADP) means the sum of all inmates in a
   facility for each day of the preceding calendar year, divided by the
   number of days in the year. ADP shall be calculated in accordance with
   § 64.6010(e) and (f);

   (d) Collect Calling means an arrangement whereby the called party takes
   affirmative action clearly indicating that it will pay the charges
   associated with a call originating from an Inmate Telephone;

   (e) Consumer means the party paying a Provider of Inmate Calling
   Services;

   (f) Correctional Facility or Correctional Institution means a Jail or a
   Prison;

   (g) Debit Calling means a presubscription or comparable service which
   allows an Inmate, or someone acting on an Inmate's behalf, to fund an
   account set up though a Provider that can be used to pay for Inmate
   Calling Services calls originated by the Inmate;

   (h) Flat Rate Calling means a calling plan under which a Provider
   charges a single fee for an Inmate Calling Services call, regardless of
   the duration of the call;

   (i) Inmate means a person detained at a Jail or Prison, regardless of
   the duration of the detention;

   (j) Inmate Calling Service means a service that allows Inmates to make
   calls to individuals outside the Correctional Facility where the Inmate
   is being held, regardless of the technology used to deliver the
   service;

   (k) Inmate Telephone means a telephone instrument, or other device
   capable of initiating calls, set aside by authorities of a Correctional
   Facility for use by Inmates;

   (l) International Calls means calls that originate in the United States
   and terminate outside the United States;

   (m) Jail means a facility of a local, state, or federal law enforcement
   agency that is used primarily to hold individuals who are;

   (1) Awaiting adjudication of criminal charges;

   (2) Post-conviction and committed to confinement for sentences of one
   year or less; or

   (3) Post-conviction and awaiting transfer to another facility. The term
   also includes city, county or regional facilities that have contracted
   with a private company to manage day-to-day operations; privately-owned
   and operated facilities primarily engaged in housing city, county or
   regional inmates; and facilities used to detain individuals pursuant to
   a contract with U.S. Immigration and Customs Enforcement;

   (n) Mandatory Tax or Mandatory Fee means a fee that a Provider is
   required to collect directly from consumers, and remit to federal,
   state, or local governments. A Mandatory Tax or Fee that is passed
   through to a consumer for, or in connection with, interstate or
   international Inmate Calling Services may not include a markup, unless
   the markup is specifically authorized by a federal, state, or local
   statute, rule, or regulation;

   (o) Per-Call, or Per-Connection Charge means a one-time fee charged to
   a Consumer at call initiation;

   (p) Prepaid Calling means a presubscription or comparable service in
   which a Consumer, other than an Inmate, funds an account set up through
   a Provider of Inmate Calling Services. Funds from the account can then
   be used to pay for Inmate Calling Services, including calls that
   originate with an Inmate;

   (q) Prepaid Collect Calling means a calling arrangement that allows an
   Inmate to initiate an Inmate Calling Services call without having a
   pre-established billing arrangement and also provides a means, within
   that call, for the called party to establish an arrangement to be
   billed directly by the Provider of Inmate Calling Services for future
   calls from the same Inmate;

   (r) Prison means a facility operated by a territorial, state, or
   federal agency that is used primarily to confine individuals convicted
   of felonies and sentenced to terms in excess of one year. The term also
   includes public and private facilities that provide outsource housing
   to other agencies such as the State Departments of Correction and the
   Federal Bureau of Prisons; and facilities that would otherwise fall
   under the definition of a Jail but in which the majority of inmates are
   post-conviction or are committed to confinement for sentences of longer
   than one year;

   (s) Provider of Inmate Calling Services, or Provider means any
   communications service provider that provides Inmate Calling Services,
   regardless of the technology used;

   (t) Site Commission means any form of monetary payment, in-kind
   payment, gift, exchange of services or goods, fee, technology
   allowance, or product that a Provider of Inmate Calling Services or
   affiliate of a Provider of Inmate Calling Services may pay, give,
   donate, or otherwise provide to an entity that operates a correctional
   institution, an entity with which the Provider of Inmate Calling
   Services enters into an agreement to provide Inmate Calling Services, a
   governmental agency that oversees a correctional facility, the city,
   county, or state where a facility is located, or an agent of any such
   facility.

   (u) Jurisdictionally Mixed Charge means any charge Consumers may be
   assessed for use of Inmate Calling Services that are not included in
   the per-minute charges assessed for individual calls and that are
   assessed for, or in connection with, uses of Inmate Calling Service to
   make such calls that have interstate or international components and
   intrastate components that are unable to be segregated at the time the
   charge is incurred.

   [ 80 FR 79178 , Dec. 18, 2015, as amended at  81 FR 62825 , Sept. 13, 2016;
    85 FR 67461 , Oct. 23, 2020]