I 

114TH CONGRESS 

1ST SESSION H. R. 3638 

To amend the Communications Act of 1934 to require the Federal Communications Commission to prescribe rules regulating inmate telephone and 

video service rates, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2015 

Mr. RUSH (for himself, Ms. NORTON, Mr. BUTTERFIELD, and Mr. RANGEL) 

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 and video service rates, and 

for other purposes. 

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 2015’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) It is the policy of the United States to en2 sure that all Americans are afforded just and rea3 sonable communications services, including those 

4 families that pay rates for inmate telephone and 

5 video service. 

6 (2) Telephone and video calls are the primary 

7 methods by which individuals correspond and main8 tain contact with family members who are incarcer9 ated in correctional institutions. 

10 (3) Except for emergency purposes, family 

11 members are not allowed to call people incarcerated 

12 in correctional institutions, and incarcerated persons 

13 are typically allowed to call family members and 

14 other pre-approved individuals only through facilities 

15 physically located on the premises of correctional in16 stitutions. 

17 (4) Inmate telephone and video service in cor18 rectional institutions often is limited to collect call19 ing. 

20 (5) Regardless of whether the prisoners’ calls 

21 are placed collect or through a debit account, the 

22 prisoners’ family members typically pay for the calls, 

23 either through their telephone bills, in the case of 

24 collect calls received from prisoners, or by making 

25 deposits directly into prisoners’ debit accounts. 


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1 (6) It is clear from various studies that main2 taining frequent and meaningful communications be3 tween people who are incarcerated and family mem4 bers is key to the successful social reintegration of 

5 formerly incarcerated individuals. Such contact re6 duces recidivism and facilitates rehabilitation, which 

7 in turn reduces crime and the future costs of impris8 onment. 

9 (7) Frequent communication between incarcer10 ated persons and family members is burdened, and 

11 in some cases, prevented, by excessive inmate tele12 phone and video service rates. Excessive inmate tele13 phone and video service rates thus weaken the fam14 ily and community ties that are necessary for suc15 cessful reentry into society by persons who were for16 merly incarcerated and the reduction in crime result17 ing from successful reentry. 

18 (8) Innocent citizens are paying excessive tele19 phone and video service charges simply due to hav20 ing a family member or loved one who is incarcer21 ated. 

22 (9) The rates for calls from correctional institu23 tions are some of the highest rates in the United 

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

25 and service or connection charges of $3.00 per call. 


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1 (10) 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 companies that provide long distance 

5 inmate telephone and video service to correctional in6 stitutions. 

7 (11) 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 and video service within each 

12 correctional institution. 

13 (12) 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 and video service in 

17 a correctional facility. In some cases, such commis18 sions can account for as much as 60 percent of the 

19 total revenues received from the use of prison 

20 payphones. 

21 (13) The collection of such commissions by cor22 rectional institution administrators and State de23 partments of correction based upon interstate tele24 communications revenues is a burden on interstate 

25 commerce. 


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1 (14) Due to the lack of competition for tele2 phone and video services within correctional institu3 tions, families of people in prison, many of whom 

4 have low incomes, cannot choose the long distance 

5 carrier with the lowest calling rates and must pay 

6 the excessive rates charged by the carrier having the 

7 exclusive right to provide long distance service to the 

8 correctional institution from which the call origi9 nates. 

10 (15) The Commission has the expertise and au11 thority to regulate inmate telephone and video serv12 ice. Because parties to Commission rulemaking pro13 ceedings have raised issues regarding its authority to 

14 implement meaningful relief for excessive inmate 

15 telephone and video service rates, Congress finds it 

16 necessary and appropriate to reaffirm that the Com17 mission has the authority to implement the types of 

18 relief set forth in this Act. 

19 SEC. 3. RESTRICTIONS ON THE PROVISION OF INMATE 

20 TELEPHONE AND VIDEO SERVICE. 

21 (a) DEFINITIONS.—Section 226(a) of the Commu22 nications Act of 1934 (47 U.S.C. 226(a)) is amended by 

23 adding at the end the following: 

24 ‘‘(10) The term ‘ancillary fee’ includes any 

25 charge or fee that is imposed on a user of inmate 


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1 telephone and video service in addition to the per2 minute rate and connection charge. 

3 ‘‘(11) The term ‘collect’ or ‘collect call’ means 

4 a telephone call or video call from a person incarcer5 ated in a correctional institution that is billed to the 

6 subscriber receiving the call. 

7 ‘‘(12) The term ‘commission’ means a fee or 

8 other payment by a provider of inmate telephone 

9 and video service to an administrator of a correc10 tional institution, department of correction, or simi11 lar entity, based upon, or partly upon, inmate tele12 phone and video service revenue. 

13 ‘‘(13) The term ‘debit account’ means the pay14 ment of inmate telephone and video service through 

15 a prepaid card or other account of a prisoner, which 

16 can be accessed only through an access code, per17 sonal identification number, or similar identifier. 

18 ‘‘(14) The term ‘inmate telephone and video 

19 service’ includes the provision of telephone and video 

20 service enabling persons incarcerated in correctional 

21 institutions to originate calls at payphones, tele22 phones, or video kiosks that are designated for the 

23 personal use of prisoners, regardless of whether the 

24 calls are collect, paid through a debit account, or 

25 paid through any other means. 


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1 ‘‘(15) The term ‘provider of inmate telephone 

2 and video service’ means any common carrier that 

3 provides inmate telephone and video service or any 

4 other person determined by the Commission to be 

5 providing inmate telephone and video service.’’. 

6 (b) REGULATIONS.—Section 226 of the Communica7 tions Act of 1934 (47 U.S.C. 226) is amended— 

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

9 (k); and 

10 (2) by inserting after subsection (h) the fol11 lowing: 

12 ‘‘(i) REGULATION OF INMATE TELEPHONE AND

13 VIDEO SERVICE.— 

14 ‘‘(1) IN GENERAL.—In order to ensure that 

15 charges for inmate telephone and video service are 

16 just, reasonable, and nondiscriminatory, not later 

17 than 1 year after the date of enactment of the Fam18 ily Telephone Connection Protection Act of 2015, 

19 the Commission shall adopt regulations on the use 

20 of inmate telephone and video service that— 

21 ‘‘(A) prescribe a maximum uniform per22 minute compensation rate; 

23 ‘‘(B) prescribe a maximum uniform service 

24 connection or other per-call compensation rate; 


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1 ‘‘(C) prescribe variable maximum com2 pensation rates depending on such factors as 

3 carrier costs, the size of the correctional facility 

4 served, and other relevant factors identified by 

5 the Commission; 

6 ‘‘(D) require providers of inmate telephone 

7 and video service to offer both collect calling 

8 and debit account services; 

9 ‘‘(E) address the payment of commissions 

10 by providers of inmate telephone and video 

11 service to administrators of correctional institu12 tions, departments of correction, and similar 

13 entities by— 

14 ‘‘(i) prohibiting such payments; or 

15 ‘‘(ii) limiting commission payments; 

16 ‘‘(F) require administrators of correctional 

17 institutions, departments of correction, and 

18 similar entities to allow more than 1 provider of 

19 inmate telephone and video service to provide 

20 interstate inmate telephone and video service at 

21 a correctional institution so that prisoners have 

22 a choice of such providers; and 

23 ‘‘(G) prohibit or substantially limit any an24 cillary fees imposed by a provider of inmate 


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1 telephone and video service on a user of the 

2 service. 

3 ‘‘(2) SCOPE.— 

4 ‘‘(A) IN GENERAL.—The regulations 

5 adopted by the Commission under this sub6 section— 

7 ‘‘(i) shall be technologically neutral; 

8 and 

9 ‘‘(ii) shall not jeopardize legitimate se10 curity and penological interests. 

11 ‘‘(B) IMPACT ON REVENUE.—To the extent 

12 the regulations adopted by the Commission 

13 under this subsection reduce or eliminate the 

14 revenue derived by administrators of correc15 tional institutions, departments of correction, 

16 and similar entities from the receipt of commis17 sions, such effects of the regulations shall not 

18 be considered to be jeopardizing or otherwise 

19 affecting legitimate security or penological in20 terests. 

21 ‘‘(3) PERIODIC REVIEW.—The Commission shall 

22 review, on a biennial basis, the regulations adopted 

23 under this subsection, including to determine wheth24 er any compensation rates established by the Com25 mission should be modified. 


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

2 any State, local government, or private correctional 

3 facility requirements are inconsistent with the regu4 lations of the Commission affecting or pertaining to 

5 inmate telephone and video service, including restric6 tions on the payment of commissions based upon in7 mate telephone and video service revenues or earn8 ings, the regulations of the Commission on such 

9 matters shall preempt the State, local government, 

10 or private correctional facility requirements. 

11 ‘‘(j) INMATE TELEPHONE AND VIDEO SERVICE

12 FULLY SUBJECT TO SECTIONS 201, 205, 251, 252, AND

13 276.— 

14 ‘‘(1) IN GENERAL.—Inmate telephone and video 

15 service shall be fully subject to the requirements of 

16 sections 201, 205, 251, 252, and 276. 

17 ‘‘(2) RESTRICTION.—A provider of inmate tele18 phone and video service may not block or otherwise 

19 refuse to carry a call placed by an incarcerated per20 son on the grounds that the provider has no contrac21 tual or other arrangement with the local exchange 

22 carrier serving the intended recipient of the call or 

23 other common carrier involved in any portion of the 

24 transmission of the call.’’. 

Æ 


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