II 

116TH CONGRESS 

1ST SESSION S. 1764 

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

and advanced communications services in correctional and detention facilities. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2019 

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

KING, and Mr. MARKEY) 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 telephone and advanced communications services in correctional and detention facilities. 

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 ‘‘Martha Wright-Reed 

5 Just and Reasonable Communications Act of 2019’’. 

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 incarcerated people and 

8 their support 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 incarcer12 ated people via telephone and advanced communica13 tions, are afforded just and reasonable charges for 

14 all communications services. 

15 (4) The current correctional facilities commu16 nications market suffers from market failure. Among 

17 other issues, consumers cannot choose among com18 peting providers, which produces locational monopo19 lies and monopoly profits at the expense of rate-pay20 ers. 

21 (5) Charges for communicating with individuals 

22 detained in prisons, jails, and detention centers have 

23 been shown to be unjust and unreasonable as a re24 sult of industry practices and lack of competition. 


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1 (6) Unjust and unreasonable charges extend to 

2 telephone and advanced communications services 

3 and to both intrastate and interstate communica4 tions. 

5 (7) Mrs. Martha Wright-Reed of Washington, 

6 DC, led a campaign for just calling rates for incar7 cerated people for over a decade. Mrs. Wright-Reed 

8 was the lead plaintiff in Wright v. Corrections Cor9 poration of America, CA No. 00–293 (GK) (D.D.C. 

10 2001), which ultimately led to the Wright Petition 

11 at the Federal Communications Commission, CC 

12 Docket No. 96–128 (Nov. 3, 2003). Mrs. Wright13 Reed became involved, when, as a grandmother, she 

14 was forced to choose between purchasing medication 

15 and communicating with her incarcerated grandson. 

16 Mrs. Wright-Reed passed away on January 18, 

17 2015, before fully realizing her dream of just com18 munications rates for all people. 

19 (8) After the Federal Communications Commis20 sion granted the petition Wright Petition described 

21 in paragraph (7), the United States Court of Ap22 peals for the District of Columbia Circuit reversed 

23 the Federal Communications Commission by inter24 preting section 276 of the Communications Act of 

25 1934 (47 U.S.C. 276) in the case of Global 


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1 Tel*Link v. Federal Communications Commission, 

2 866 F.3d 397 (D.C. Cir. 2017), in part by con3 stricting the meaning of the word ‘‘fair’’ and lim4 iting the means by which the Federal Communica5 tions Commission can calculate fair, just, and rea6 sonable charges. 

7 SEC. 3. TECHNICAL AMENDMENTS. 

8 (a) IN GENERAL.—Section 276 of the Communica9 tions Act of 1934 (47 U.S.C. 276) is amended— 

10 (1) in subsection (b)(1)(A)— 

11 (A) by striking ‘‘per call’’; 

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

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

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

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

16 ‘‘communications using’’; and 

17 (2) in subsection (d), by inserting ‘‘and ad18 vanced communications services’’ after ‘‘inmate tele19 phone service’’. 

20 (b) DEFINITION OF ADVANCED COMMUNICATIONS

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

22 1934 (47 U.S.C. 153(1)) is amended— 

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

24 the end; 


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

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

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

4 ‘‘(E) any audio or video communications 

5 service provided at a correctional institution, re6 gardless of technology used.’’. 

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

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

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

10 through 227, inclusive,’’. 

11 SEC. 4. IMPLEMENTATION. 

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

13 the date of enactment of this Act, the Federal Commu14 nications Commission shall promulgate any regulations 

15 necessary to implement this Act and the amendments 

16 made by this Act. 

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

18 the amendments made by this Act, including by promul19 gating regulations under subsection (a) and determining 

20 just and reasonable rates, the Federal Communications 

21 Commission may use industry average costs and collect 

22 and analyze such data as the Commission determines nec23 essary. 

Æ 


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