II 

115TH CONGRESS 

2D SESSION S. 2520 

To amend the Communications Act of 1934 to require the Federal Communications Commission to ensure just and reasonable charges for inmate 

telephone and advanced communications services. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2018 

Ms. DUCKWORTH (for herself, Mr. BOOKER, Mr. SCHATZ, and Mr. PORTMAN) 

introduced the following bill; which was read twice and referred to the 

Committee on Commerce, Science, and Transportation 

A BILL 

To amend the Communications Act of 1934 to require the 

Federal Communications Commission to ensure just and 

reasonable charges for inmate telephone and advanced 

communications services. 

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 ‘‘Inmate Calling Tech5 nical Corrections Act of 2018’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Prison, jails, and detention centers in the 

2 United States have unique telecommunications needs 

3 due to safety and security concerns. 

4 (2) Unjust and unreasonable charges negatively 

5 impact the safety and security of communities in the 

6 United States by exacerbating recidivism by dam7 aging relationships between inmates and their sup8 port systems. 

9 (3) It is the policy of the United States to en10 sure that all people in the United States, including 

11 anyone who pays for communications with inmates 

12 via telephone and advanced communications, are af13 forded just and reasonable charges for all commu14 nications services. 

15 (4) The current inmate communications market 

16 suffers from market failure. Among other issues, 

17 consumers cannot choose among competing pro18 viders, which produces locational monopolies and 

19 monopoly profits at the expense of rate-payers. 

20 (5) Charges for communicating with individuals 

21 detained in prisons, jails, and detention centers have 

22 been shown to be unjust and unreasonable as a re23 sult of industry practices and lack of competition. 

24 (6) Unjust and unreasonable charges extend to 

25 telephone and advanced communications services 


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1 and to both intrastate and interstate communica2 tions. 

3 (7) The United States Court of Appeals for the 

4 District of Columbia Circuit interpreted section 276 

5 of the Communications Act of 1934 (47 U.S.C. 276) 

6 in the case of Global Tel*Link v. Federal Commu7 nications Commission, 866 F.3d 397 (D.C. Cir. 

8 2017), in part by constricting the meaning of the 

9 word ‘‘fair’’ and limiting the means by which the 

10 Federal Communications Commission can calculate 

11 fair, just, and reasonable charges. 

12 SEC. 3. TECHNICAL AMENDMENTS. 

13 (a) IN GENERAL.—Section 276 of the Communica14 tions Act of 1934 (47 U.S.C. 276) is amended— 

15 (1) in subsection (b)(1)(A)— 

16 (A) by striking ‘‘per call’’; 

17 (B) by inserting ‘‘, and all charges are just 

18 and reasonable,’’ after ‘‘fairly compensated’’; 

19 (C) by striking ‘‘each and every’’; and 

20 (D) by striking ‘‘call using’’ and inserting 

21 ‘‘communications using’’; and 

22 (2) in subsection (d), by inserting ‘‘and ad23 vanced communications services’’ after ‘‘inmate tele24 phone service’’. 


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1 (b) DEFINITION OF ADVANCED COMMUNICATIONS

2 SERVICES.—Section 3(1) of the Communications Act of 

3 1934 (47 U.S.C. 153(1)) is amended— 

4 (1) in subparagraph (C), by striking ‘‘and’’ at 

5 the end; 

6 (2) in subparagraph (D), by striking the period 

7 at the end and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(E) any audio or video communications 

10 service provided at a correctional institution, re11 gardless of technology used.’’. 

12 (c) APPLICATION OF THE ACT.—Section 2(b) of the 

13 Communications Act of 1934 (47 U.S.C. 152(b)) is 

14 amended by inserting ‘‘section 276,’’ after ‘‘sections 223 

15 through 227, inclusive,’’. 

16 SEC. 4. IMPLEMENTATION. 

17 (a) RULEMAKING.—Not later than 18 months after 

18 the date of enactment of this Act, the Federal Commu19 nications Commission shall promulgate any regulations 

20 necessary to implement this Act and the amendments 

21 made by this Act. 

22 (b) USE OF DATA.—In implementing this Act and 

23 the amendments made by this Act, including by promul24 gating regulations under subsection (a) and determining 

25 just and reasonable rates, the Federal Communications 


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1 Commission may use industry average costs and collect 

2 and analyze such data as the Commission determines nec3 essary. 

Æ 


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