[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 555 Introduced in House (IH)]
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.
The Congress finds that:
(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.''.
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