Prison Phone Justice

USCA Case #14-1003

Document #1485906

Filed: 03/28/2014

Page 1 of 5

IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT

PAY TEL COMMUNICATIONS, INC.,
Petitioner,
v.
FEDERAL COMMUNICATIONS
COMMISSION
and
THE UNITED STATES OF AMERICA,
Respondents.

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) Case No. 14-1003 (and
) consolidated cases)
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UNOPPOSED MOTION OF PETITIONER PAY TEL
COMMUNICATIONS, INC. FOR VOLUNTARY DISMISSAL OF
PETITION FOR REVIEW
Pursuant to Federal Rule of Appellate Procedure 42 and Rules 27(g) and 42
of the Local Rules of the United States Court of Appeals for the District of
Columbia Circuit, Petitioner Pay Tel Communications, Inc. (“Pay Tel”), through
counsel, respectfully moves for voluntary dismissal without costs of its Petition for
Review of the Federal Communications Commission’s Order entitled Rates for
Interstate Inmate Calling Services (“Order”), WC Docket No. 12-1375, FCC 13113 (released Sept. 26, 2013), which was published at 78 Fed. Reg. 67956 on
November 13, 2013.
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USCA Case #14-1003

Document #1485906

Filed: 03/28/2014

Page 2 of 5

Pay Tel’s Petition for Review was docketed in Case No. 14-1003 on January
9, 2014. On January 16, 2014, this Court consolidated Case No. 14-1003 with
Case No. 13-1280 (and other consolidated cases).
In an Order released on February 11, 2014, the Commission’s Wireline
Competition Bureau granted Pay Tel’s petition for waiver of the interim inmate
calling service (“ICS”) rates adopted in the Order, granting Pay Tel a limited, ninemonth waiver of the ICS rate caps. In light of that action, Pay Tel wishes to
withdraw its petition for review of the Commission’s final agency action.
Counsel for Pay Tel has conferred with counsel for the Commission, who
has informed Pay Tel that it does not oppose this motion for voluntary dismissal
without costs. Additionally, counsel for Pay Tel has informed counsel for the
parties in the other consolidated cases of its intent to file this Motion and has
received no indication of any opposition.
Respectfully submitted,

/s/ Julia C. Ambrose
Marcus W. Trathen
Julia C. Ambrose
BROOKS, PIERCE, MCLENDON,
HUMPHREY & LEONARD L.L.P.
1600 Wells Fargo Capitol Center
150 Fayetteville Street (27601)
Post Office Box 1800
Raleigh, NC 27602
Telephone: (919) 839-0300
Facsimile: (919) 839-0304
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USCA Case #14-1003

Document #1485906

Filed: 03/28/2014

Page 3 of 5

Counsel for Petitioner Pay Tel
Communications, Inc.
March 28, 2014

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USCA Case #14-1003

Document #1485906

Filed: 03/28/2014

Page 4 of 5

CERTIFICATE OF SERVICE
I hereby certify that, on March 28, 2014, I electronically filed the foregoing
UNOPPOSED

MOTION

COMMUNICATIONS,

INC.

OF
FOR

PETITIONER
VOLUNTARY

PAY
DISMISSAL

TEL
OF

PETITION FOR REVIEW with the Clerk of Court for the United States Court of
Appeals for the District of Columbia Circuit using the CM/ECF system.
Participants in this case who are registered CM/ECF users as of March 28, 2014
will be served by the CM/ECF system.
I further certify that, on this date, a copy of the foregoing was served via
United States first-class mail on the following:
Robert B. Nicholson
Daniel E. Haar
U.S. Department of Justice
Antitrust Division—Appellate Section
950 Pennsylvania Avenue, N.W.
Room 3224
Washington, D.C. 20530
Donald B. Verrilli, Jr.
Solicitor General of the United States
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001
Counsel for the United States of America

/s/ Julia C. Ambrose
Julia C. Ambrose

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USCA Case #14-1003

Document #1485906

Filed: 03/28/2014

Page 5 of 5

Counsel for Petitioner Pay Tel
Communications, Inc.

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