View all text of Subpart FF [§ 64.6000 - § 64.6140]
§ 64.6140 - Alternate Pricing Plans.
(a) General Parameters. (1) A Provider offering IPCS via an Alternate Pricing Plan must comply with this section as well as § 64.710 and this subpart FF.
(2) Enrollment in an Alternate Pricing Plan must be optional for the Consumer.
(3) A service period for an Alternate Pricing Plan shall be no longer than one month.
(4) When determining the format of an Alternate Pricing Plan, Providers must consider:
(i) Any limits on the number of and length of calls or communications imposed by the Correctional Facility;
(ii) The availability of correctional staff to manage the use of IPCS at the Correctional Facility; and
(iii) Equipment availability for the calls or communications at the Correctional Facility.
(b) Alternate Pricing Plan Rates. (1) An Alternate Pricing Plan must be offered at a rate such that the Breakeven Point is at or below the applicable rate cap(s).
(i) A consumer complaint about an IPCS Provider's Alternate Pricing Plan rates will not be entertained under the rules in this section unless the consumer's usage meets or exceeds the Breakeven Point(s) for the Alternate Pricing Plan.
(2) If a Consumer believes that the rates under an Alternate Pricing Plan exceed the applicable per-minute rates for that Correctional Facility, the Consumer must show that their usage meets or exceeds the Breakeven Point for the Alternate Pricing Plan. It is the Provider's burden to demonstrate that the rate charged to that Consumer under its Alternate Pricing Plan is less than or equal to the applicable rate cap.
(3) After a Consumer uses all of the minutes, calls, or communications available during a service period of an Alternate Pricing Plan, the charge for subsequent minutes, calls, or communications during the remaining part of the service period shall not exceed the Provider's per-minute rate for the corresponding service.
(c) [Reserved]
(d) [Reserved]
(e) Automatic Renewals and Related Consumer Disclosures. (1) If a Provider of an Alternate Pricing Plan offers automatic renewals, the automatic renewals must be optional to the Consumer.
(2) [Reserved]
(f) Cancellation by the Consumer and Related Consumer Disclosures. (1) A Provider must allow a Consumer using an Alternate Pricing Plan to cancel their participation in the Alternate Pricing Plan at any time during the relevant service period and revert to per-minute pricing. The Consumer may end their participation in the Alternate Pricing Plan on the date of their choosing. The process for cancelling an Alternate Pricing Plan must be readily accessible to the Consumer and must include the method that the Consumer used to enroll in the Alternate Pricing Plan.
(2) [Reserved]
(3) The refund amount provided to the Consumer upon the Consumer's cancellation of an Alternate Pricing Plan for the special circumstances provided in paragraph (f)(2) of this section must be at least the pro-rated amount that corresponds to the unused portion of the service period.
(g) Application to Telecommunications Relay Service (TRS) and Related Communications Services. A Provider that offers an Alternate Pricing Plan shall make TRS and related communications services available via the Alternate Pricing Plan, pursuant to § 64.6040 of this chapter.