N.M. Commissioners May Vote Monday on ICS Rule Changes

The New Mexico Public Regulation Commission will likely vote Monday on proposed changes to inmate calling service (ICS) rules, including lowered rate caps, New Mexico PRC Associate General Counsel Russell Fisk told us Thursday. At a virtual meeting Wednesday, Fisk described at length a draft order that would reduce an existing cap of 15 cents per minute on intrastate rates to 12 cents for state prisons and 14 cents for large local jails (docket 20-00170-UT). Commissioners decided to hold off voting Wednesday. The FCC sent letters in 2020 to about half the states asking them to update ICS rules, but not to New Mexico because its rule was already “pretty good,” with existing rate caps close to what the FCC was considering, Fisk said. The PRC still decided to update its rules to account for recent technological changes since its inmate calling rules were made a decade ago, he said. The PRC might need to act again in one to two years in response to expected further FCC changes, he said. Reducing the intrastate rate cap to 12 cents will help the state “keep pace” with recent FCC rule changes, said New Mexico PRC staff in Sept. 30 comments (see 2210030053). The state attorney general’s office supported lowering rates, while ICS provider ViaPath said its rates already were below the existing cap. New Mexico Gov. Michelle Lujan Grisham (D) must soon choose three commissioners to replace the current five elected commissioners Jan. 1. New Mexicans voted on Nov. 5, 2020, to switch to a governor-appointed commission (see 2011040043). “We anticipate an announcement from the governor’s office soon,” a PRC spokesperson emailed Wednesday. The nominating committee OK'd nine candidates Dec. 2 for the governor’s consideration. The governor’s office didn’t comment.