110th CONGRESS
1st Session
H. R. 555
To amend the Communications Act of 1934 to require the Federal
Communications Commission to prescribe rules regulating inmate telephone
service rates.
IN THE HOUSE OF REPRESENTATIVES
January 18, 2007
Mr. RUSH (for himself, Mr. BOUCHER, Mr. GUTIERREZ, Mr. WYNN, Mr. TOWNS,
Mr. CLEAVER, and Mr. CUMMINGS) introduced the following bill; which was
referred to the Committee on Energy and Commerce
A BILL
To amend the Communications Act of 1934 to require the Federal
Communications Commission to prescribe rules regulating inmate telephone
service rates.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Family Telephone Connection Protection Act
of 2007'.
SEC. 2. FINDINGS.
(1) The telephone is the primary method by which individuals correspond
and maintain contact with family members who are incarcerated in correctional
institutions.
(2) Except for emergency purposes, family members are not allowed to call
people incarcerated in correctional institutions; incarcerated persons
are typically allowed to call family members and other pre-approved individuals
only through payphones physically located on the premises of correctional
institutions.
(3) Inmate telephone service in correctional institutions often is limited
to collect calling.
(4) Regardless of whether the prisoners' calls are placed collect or through
a debit account, the prisoners' family members typically pay for the calls,
either through their telephone bills, in the case of collect calls received
from prisoners, or by making deposits directly into prisoners' debit accounts.
(5) Innocent citizens are paying excessive telephone charges simply due
to having a family member or loved one who is incarcerated.
(6) The rates for calls from correctional institutions are some of the
highest rates in the United States, with some per-minute charges reaching
$1 and service or connection charges of $3.95 per call.
(7) Information compiled by the Congress and the Federal Communications
Commission shows that the high rates are due in part to the lack of competition
between telephone companies that provide long distance inmate telephone
service to correctional institutions.
(8) There are no competitive forces providing incentives for those carriers
to lower prices or operate efficiently because, unlike the mass market,
only one carrier is typically permitted to provide long distance inmate
telephone service within each correctional institution.
(9) High calling rates also are due in part to commissions that carriers
pay to correctional institution administrators for the exclusive right
to provide long distance inmate telephone service in a correctional facility.
In some cases, such commissions account for 50 percent or more of the
total charges.
(10) The collection of such commissions by correctional institution administrators
and state departments of correction based upon interstate telecommunications
revenues is a burden on interstate commerce.
(11) Due to the lack of competition for telephone services within correctional
institutions, families of people in prison, many of whom have low incomes,
cannot choose the long distance carrier with the lowest calling rates
and must pay the excessive rates charged by the carrier having the exclusive
right to provide long distance service to the correctional institution
from which the call originates.
(12) It is the policy of the United States to ensure that all Americans
are afforded just and reasonable communications services, including those
families that pay rates for inmate telephone service.
(13) It is clear from various studies that maintaining frequent and meaningful
communications between people who are incarcerated and family members
is key to the successful social reintegration of formerly incarcerated
individuals. Such contact reduces recidivism and facilitates rehabilitation,
which in turn reduces crime and the future costs of imprisonment.
(14) Frequent communications between incarcerated persons and family members
is burdened, and in some cases, prevented, by excessive inmate telephone
service rates. Excessive inmate telephone service rates thus weaken the
family and community ties that are necessary for successful reentry into
society by persons who were formerly incarcerated and the reduction in
crime resulting from successful reentry.
(15) The Commission has the expertise and authority to regulate inmate
telephone service. Because parties to Commission rulemaking proceedings
have raised issues regarding its authority to implement meaningful relief
for excessive inmate telephone service rates, Congress finds it necessary
and appropriate to reaffirm that the Commission has the authority to implement
the types of relief set forth in this Act.
SEC. 3. RESTRICTIONS ON THE PROVISION OF INMATE TELEPHONE SERVICE.
(a) Definitions- Section 226(a) of the Communications Act of 1934 (47 U.S.C.
226(a)) is amended adding at the end the following new paragraphs:
`(10) The term `collect' or `collect call' refers to a telephone call
from a person incarcerated in a correctional institution that is billed
to the subscriber receiving the call.
`(11) The term `commission' refers to a fee or other payment by a provider
of inmate telephone service to an administrator of a correctional institution,
department of correction, or similar entity, based upon, or partly upon,
inmate telephone service revenue.
`(12) The term `debit account' refers to the payment of inmate telephone
service through a prisoner's prepaid card or other account, which can
be accessed only through an access code, personal identification number,
or similar identifier.
`(13) The term `inmate telephone service' includes the provision of telephone
service enabling persons incarcerated in correctional institutions to
originate interstate calls at payphones or other telephones that are designated
for prisoners' personal use, regardless of whether the calls are collect,
paid through a debit account, or paid through any other means.
`(14) The term `provider of inmate telephone service' means any common
carrier that provides inmate telephone service or any other person determined
by the Commission to be providing inmate telephone service.'.
(b) Regulations- Section 226 is further amended--
(1) by redesignating subsection (i) as subsection (k); and
(2) inserting after subsection (h) the following new subsections:
`(i) Regulation of Inmate Telephone Service-
`(1) RATES- In order to ensure that charges for inmate telephone service
are just, reasonable, and nondiscriminatory, the Commission shall consider,
either in a rulemaking proceeding that is pending as of the date of enactment
of the Family Telephone Connection Protection Act of 2007 or in a new
rulemaking proceeding, the following types of regulation of inmate telephone
service, all of which are within the Commission's jurisdiction and authority:
`(A) prescribing a maximum uniform per-minute compensation rate;
`(B) prescribing a maximum uniform service connection or other per-call
compensation rate;
`(C) prescribing variable maximum compensation rates depending on such
factors as carrier costs, the size of the correctional facility served,
and other relevant factors identified by the Commission;
`(D) requiring providers of inmate telephone service to offer both collect
calling and debit account services;
`(E) prohibiting the payment of commissions by providers of inmate telephone
service to administrators of correctional institutions, departments
of correction, and similar entities; and
`(F) requiring administrators of correctional institutions, departments
of correction, and similar entities to allow more than one provider
of inmate telephone service to provide interstate inmate telephone service
at a correctional institution in order that prisoners have a choice
of such providers.
`(2) SCOPE- The regulations adopted by the Commission shall be technologically
neutral and shall not jeopardize legitimate security and penological interests.
To the extent the Commission regulations reduce or eliminate the revenue
derived by administrators of correctional institutions, departments of
correction, and similar entities from the receipt of commissions, such
effects of Commission regulations shall not be considered as jeopardizing
or otherwise affecting legitimate security or penological interests.
`(3) DEADLINES AND PERIODIC REVIEW- The Commission shall prescribe regulations
to implement the provisions of this subsection within one year after the
date of enactment of the Family Telephone Connection Protection Act of
2007. The Commission shall review, on a triennial basis, the regulations
promulgated under this subsection, including whether any Commission-established
compensation rates should be modified.
`(4) STATE PREEMPTION- To the extent that any State requirements are inconsistent
with the Commission's regulations affecting or pertaining to interstate
inmate telephone service, including restrictions on the payment of commissions
based upon interstate inmate telephone service revenues or earnings, the
Commission's regulations on such matters shall preempt such State requirements.
`(j) Inmate Telephone Service Fully Subject to Sections 251 and 252-
`(1) Inmate telephone service is fully subject to the requirements of
sections 251 and 252 of this Act.
`(2) No provider of inmate telephone service may block or otherwise refuse
to carry a call placed by an incarcerated person on the grounds that the
provider has no contractual or other arrangement with the local exchange
carrier serving the intended recipient of the call or other common carrier
involved in any portion of the transmission of the call.'.
END
