I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Family Telephone Con5 nection Protection Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds that: 

8 (1) The telephone is the primary method by 

9 which individuals correspond and maintain contact 


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1 with family members who are incarcerated in correc2 tional institutions. 

3 (2) Except for emergency purposes, family 

4 members are not allowed to call people incarcerated 

5 in correctional institutions; incarcerated persons are 

6 typically allowed to call family members and other 

7 pre-approved individuals only through payphones 

8 physically located on the premises of correctional in9 stitutions. 

10 (3) Inmate telephone service in correctional in11 stitutions often is limited to collect calling. 

12 (4) Regardless of whether the prisoners’ calls 

13 are placed collect or through a debit account, the 

14 prisoners’ family members typically pay for the calls, 

15 either through their telephone bills, in the case of 

16 collect calls received from prisoners, or by making 

17 deposits directly into prisoners’ debit accounts. 

18 (5) Innocent citizens are paying excessive tele19 phone charges simply due to having a family mem20 ber or loved one who is incarcerated. 

21 (6) The rates for calls from correctional institu22 tions are some of the highest rates in the United 

23 States, with some per-minute charges reaching $1 

24 and service or connection charges of $3.95 per call. 


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1 (7) Information compiled by the Congress and 

2 the Federal Communications Commission shows that 

3 the high rates are due in part to the lack of competi4 tion between telephone companies that provide long 

5 distance inmate telephone service to correctional in6 stitutions. 

7 (8) There are no competitive forces providing 

8 incentives for those carriers to lower prices or oper9 ate efficiently because, unlike the mass market, only 

10 one carrier is typically permitted to provide long dis11 tance inmate telephone service within each correc12 tional institution. 

13 (9) High calling rates also are due in part to 

14 commissions that carriers pay to correctional institu15 tion administrators for the exclusive right to provide 

16 long distance inmate telephone service in a correc17 tional facility. In some cases, such commissions ac18 count for 50 percent or more of the total charges. 

19 (10) The collection of such commissions by cor20 rectional institution administrators and state depart21 ments of correction based upon interstate tele22 communications revenues is a burden on interstate 

23 commerce. 

24 (11) Due to the lack of competition for tele25 phone services within correctional institutions, famiVerDate Nov 24 2008 23:59 Feb 24, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1133.IH H1133

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1 lies of people in prison, many of whom have low in2 comes, cannot choose the long distance carrier with 

3 the lowest calling rates and must pay the excessive 

4 rates charged by the carrier having the exclusive 

5 right to provide long distance service to the correc6 tional institution from which the call originates. 

7 (12) It is the policy of the United States to en8 sure that all Americans are afforded just and rea9 sonable communications services, including those 

10 families that pay rates for inmate telephone service. 

11 (13) It is clear from various studies that main12 taining frequent and meaningful communications be13 tween people who are incarcerated and family mem14 bers is key to the successful social reintegration of 

15 formerly incarcerated individuals. Such contact re16 duces recidivism and facilitates rehabilitation, which 

17 in turn reduces crime and the future costs of impris18 onment. 

19 (14) Frequent communications between incar20 cerated persons and family members is burdened, 

21 and in some cases, prevented, by excessive inmate 

22 telephone service rates. Excessive inmate telephone 

23 service rates thus weaken the family and community 

24 ties that are necessary for successful reentry into so25 ciety by persons who were formerly incarcerated and 


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1 the reduction in crime resulting from successful re2 entry. 

3 (15) The Commission has the expertise and au4 thority to regulate inmate telephone service. Because 

5 parties to Commission rulemaking proceedings have 

6 raised issues regarding its authority to implement 

7 meaningful relief for excessive inmate telephone 

8 service rates, Congress finds it necessary and appro9 priate to reaffirm that the Commission has the au10 thority to implement the types of relief set forth in 

11 this Act. 

12 SEC. 3. RESTRICTIONS ON THE PROVISION OF INMATE 

13 TELEPHONE SERVICE. 

14 (a) DEFINITIONS.—Section 226(a) of the Commu15 nications Act of 1934 (47 U.S.C. 226(a)) is amended add16 ing at the end the following new paragraphs: 

17 ‘‘(10) The term ‘collect’ or ‘collect call’ refers to 

18 a telephone call from a person incarcerated in a cor19 rectional institution that is billed to the subscriber 

20 receiving the call. 

21 ‘‘(11) The term ‘commission’ refers to a fee or 

22 other payment by a provider of inmate telephone 

23 service to an administrator of a correctional institu24 tion, department of correction, or similar entity, 


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1 based upon, or partly upon, inmate telephone service 

2 revenue. 

3 ‘‘(12) The term ‘debit account’ refers to the 

4 payment of inmate telephone service through a pris5 oner’s prepaid card or other account, which can be 

6 accessed only through an access code, personal iden7 tification number, or similar identifier. 

8 ‘‘(13) The term ‘inmate telephone service’ in9 cludes the provision of telephone service enabling 

10 persons incarcerated in correctional institutions to 

11 originate interstate calls at payphones or other tele12 phones that are designated for prisoners’ personal 

13 use, regardless of whether the calls are collect, paid 

14 through a debit account, or paid through any other 

15 means. 

16 ‘‘(14) The term ‘provider of inmate telephone 

17 service’ means any common carrier that provides in18 mate telephone service or any other person deter19 mined by the Commission to be providing inmate 

20 telephone service.’’. 

21 (b) REGULATIONS.—Section 226 is further amend22 ed— 

23 (1) by redesignating subsection (i) as subsection 

24 (k); and 


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1 (2) inserting after subsection (h) the following 

2 new subsections: 

3 ‘‘(i) REGULATION OF INMATE TELEPHONE SERV4 ICE.— 

5 ‘‘(1) RATES.—In order to ensure that charges 

6 for inmate telephone service are just, reasonable, 

7 and nondiscriminatory, the Commission shall con8 sider, either in a rulemaking proceeding that is 

9 pending as of the date of enactment of the Family 

10 Telephone Connection Protection Act of 2009 or in 

11 a new rulemaking proceeding, the following types of 

12 regulation of inmate telephone service, all of which 

13 are within the Commission’s jurisdiction and author14 ity: 

15 ‘‘(A) prescribing a maximum uniform per16 minute compensation rate; 

17 ‘‘(B) prescribing a maximum uniform serv18 ice connection or other per-call compensation 

19 rate; 

20 ‘‘(C) prescribing variable maximum com21 pensation rates depending on such factors as 

22 carrier costs, the size of the correctional facility 

23 served, and other relevant factors identified by 

24 the Commission; 


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1 ‘‘(D) requiring providers of inmate tele2 phone service to offer both collect calling and 

3 debit account services; 

4 ‘‘(E) prohibiting the payment of commis5 sions by providers of inmate telephone service 

6 to administrators of correctional institutions, 

7 departments of correction, and similar entities; 

8 and 

9 ‘‘(F) requiring administrators of correc10 tional institutions, departments of correction, 

11 and similar entities to allow more than one pro12 vider of inmate telephone service to provide 

13 interstate inmate telephone service at a correc14 tional institution in order that prisoners have a 

15 choice of such providers. 

16 ‘‘(2) SCOPE.—The regulations adopted by the 

17 Commission shall be technologically neutral and 

18 shall not jeopardize legitimate security and penolog19 ical interests. To the extent the Commission regula20 tions reduce or eliminate the revenue derived by ad21 ministrators of correctional institutions, departments 

22 of correction, and similar entities from the receipt of 

23 commissions, such effects of Commission regulations 

24 shall not be considered as jeopardizing or otherwise 

25 affecting legitimate security or penological interests. 


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1 ‘‘(3) DEADLINES AND PERIODIC REVIEW.—The 

2 Commission shall prescribe regulations to implement 

3 the provisions of this subsection within one year 

4 after the date of enactment of the Family Telephone 

5 Connection Protection Act of 2009. The Commission 

6 shall review, on a triennial basis, the regulations 

7 promulgated under this subsection, including wheth8 er any Commission-established compensation rates 

9 should be modified. 

10 ‘‘(4) STATE PREEMPTION.—To the extent that 

11 any State requirements are inconsistent with the 

12 Commission’s regulations affecting or pertaining to 

13 interstate inmate telephone service, including restric14 tions on the payment of commissions based upon 

15 interstate inmate telephone service revenues or earn16 ings, the Commission’s regulations on such matters 

17 shall preempt such State requirements. 

18 ‘‘(j) INMATE TELEPHONE SERVICE FULLY SUBJECT

19 TO SECTIONS 251 AND 252.— 

20 ‘‘(1) IN GENERAL.—Inmate telephone service is 

21 fully subject to the requirements of sections 251 and 

22 252 of this Act. 

23 ‘‘(2) RESTRICTION.—No provider of inmate 

24 telephone service may block or otherwise refuse to 

25 carry a call placed by an incarcerated person on the 


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1 grounds that the provider has no contractual or 

2 other arrangement with the local exchange carrier 

3 serving the intended recipient of the call or other 

4 common carrier involved in any portion of the trans5 mission of the call.’’. 

Æ 


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