Prison Phone Justice

UNITED STATES COURT OF APPEALS

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FOR DISTRICT OF COLUMBIA CIRCU1T

~OV 142013
I RECEIVED
_

BEFORE THE

ITED STATES COURT OF APPEA S
'"-_ _ _ _ _ _~~HE DISTRICT OF COLUMBIA C A{1£

NOV 1:42013

CLERK
SECURUS TECHNOLOGIES, INC.,
Petitioner,

v.

1'3~-12aD
No. 13-_ __

FEDERAL COMMUNICATIONS COMMISSION
and the UNITED STATES OF AMERICA,
Respondents.

PETITION FOR REVIEW
Securus Technologies, Inc. ("Securus"), through counsel and pursuant to 47
U.S.C. § 402, 28 U.S.C. § 2344, Fed. R. App. P. 15(a), and Circuit Rule 15, files this Petition for
Review of an order of the Federal Communications Commission ("FCC") titled Rates for

Interstate Inmate Calling Services, WC Docket No. 12-375, Report and Order and Further
Notice of Proposed Rulemaking, FCC 13-113, released September 26,2013 ("Inmate Rate

Order"). This order was published on November 14,2013, at 78 Fed. Reg. 67956. A true and
correct copy of that order is provided herewith.
Specifically, Securus seeks review ofthe findings, conclusions, rates, and rules
contained in the Inmate Rate Order pending the Court's substantive review, specifically
Paragraphs 1 through 127, Paragraphs 187 through 189, and Rules 64.6000 through 64.6060.
These portions of the Inmate Rate Order should be vacated, set aside, and held
unlawful on the ground that they are: (a) "arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law;" (b) "contrary to constitutional right, power, privilege, or

immunity; .. (c) "in excess of statutory jurisdiction, authority, or limitations, or short of statutory
right;" and (d) "without observance of procedure required by law." 5 U.S.C. § 706(2).
Venue in this Court is appropriate pursuant to 47 U.S.C. § 402(b).
Securus shall move to stay the Inmate Rate Order pending this appeal pursuant to
Fed. R. App. P. 18 after the agency resolves the Petition for Stay that Securus filed October 22,
2013, with a requested decision date of November 21,2013.
Dated: November 14,2013

Respectfully submitted,

BY: ~ ~

Stepha'
. oyce
G. David Carter
Arent Fox LLP
1717 K Street, N.W.
Washington, D.C. 20036
Telephone 202.857.6081
Facsimile 202.857.6395
Stephanie.Joyce@arentfox.com
David. Carter@arentfox.com
Counsel for Securus Technologies, Inc.

2

CERTIFICATE OF SERVICE
I hereby certify on this 14th day of November, 2013, that the foregoing Petition
for Review, with the order presented for review, was served by hand on the following persons:

Marlene H. Dortch
Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20054

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

By:

Arent Fox LLP

11/13/13
Remittance Advice

126737

INVOICE
NUMBER

DATE
11/13/2013

3208

CLERK, U.S. COURT OF APPEALS

13NOV13

GIL AND
MATIER#

DESCRIPTION

AMOUNT

INVOICE
TOTAL

PETITION FOR REVIEW FILING FEE

450.00

TOTAL:

$450.00

15·3

Arent Fox LLP

PNC Bank. N./\,

AlTORNEYS AT LAW

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Was~lnglon. DC

17.17 K Slrelrt. NW
WaS~'I)IIlOQ, O.C 26P36053~2

DATE

Nov.' 132013
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U.S. COURT 'OF APPEALS
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