```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1133 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1133

    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

                           February 23, 2009

   Mr. Rush 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 2009''.

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 2009 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 2009. 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) In general.--Inmate telephone service is fully 
        subject to the requirements of sections 251 and 252 of this 
        Act.
            ``(2) Restriction.--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.''.
                                 <all>
```