I 
115TH CONGRESS 
1ST SESSION H. R. 1184 
To amend the Communications Act of 1934 to require the Federal Commu-
nications Commission to prescribe rules regulating inmate telephone and 
video service rates, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 16, 2017 
Mr. RUSH (for himself, Mr. BUTTERFIELD, and Ms. NORTON) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Family Telephone Con-
nection Protection Act of 2017’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) It is the policy of the United States to en-
sure that all Americans are afforded just and rea-
sonable communications services, including those 
families that pay rates for inmate telephone and 
video service. 
(2) Telephone and video calls are the primary 
methods by which individuals correspond and main-
tain contact with family members who are incarcer-
ated in correctional institutions. 
(3) Except for emergency purposes, family 
members are not allowed to call people incarcerated 
in correctional institutions, and incarcerated persons 
are typically allowed to call family members and 
other pre-approved individuals only through facilities 
physically located on the premises of correctional in-
stitutions. 
(4) Inmate telephone and video service in cor-
rectional institutions often is limited to collect call-
ing. 
(5) Regardless of whether the inmates’ calls are 
placed collect or through a debit account, the in-
mates’ family members typically pay for the calls, ei-
ther through their telephone bills, in the case of col-
lect calls received from inmates, or by making depos-
its directly into inmates’ debit accounts. 
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(6) It is clear from various studies that main-
taining frequent and meaningful communications be-
tween people who are incarcerated and family mem-
bers is key to the successful social reintegration of 
formerly incarcerated individuals. Such contact re-
duces recidivism and facilitates rehabilitation, which 
in turn reduces crime and the future costs of impris-
onment. 
(7) Frequent communication between incarcer-
ated persons and family members is burdened, and 
in some cases, prevented, by excessive inmate tele-
phone and video service rates. Excessive inmate tele-
phone and video service rates thus weaken the fam-
ily and community ties that are necessary for suc-
cessful reentry into society by persons who were for-
merly incarcerated and the reduction in crime result-
ing from successful reentry. 
(8) Innocent citizens are paying excessive tele-
phone and video service charges simply due to hav-
ing a family member or loved one who is incarcer-
ated. 
(9) The rates for calls from correctional institu-
tions are some of the highest rates in the United 
States. 
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(10) Information compiled by the Congress and 
the Federal Communications Commission shows that 
the high rates are due in part to the lack of competi-
tion between companies that provide long distance 
inmate telephone and video service to correctional in-
stitutions. 
(11) There are no competitive forces providing 
incentives for those carriers to lower prices or oper-
ate efficiently because, unlike the mass market, only 
one carrier is typically permitted to provide long dis-
tance inmate telephone and video service within each 
correctional institution. 
(12) High calling rates also are due in part to 
commissions that carriers pay to correctional institu-
tion administrators for the exclusive right to provide 
long distance inmate telephone and video service in 
a correctional facility. In some cases, such commis-
sions can account for as much as 60 percent of the 
total revenues received from the use of prison 
payphones. 
(13) The collection of such commissions by cor-
rectional institution administrators and State de-
partments of correction based upon interstate tele-
communications revenues is a burden on interstate 
commerce. 
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(14) Due to the lack of competition for tele-
phone and video services within correctional institu-
tions, 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 origi-
nates. 
(15) The Commission has the expertise and au-
thority to regulate inmate telephone and video serv-
ice. Because parties to Commission rulemaking pro-
ceedings have raised issues regarding its authority to 
implement meaningful relief for excessive inmate 
telephone and video service rates, Congress finds it 
necessary and appropriate to reaffirm that the Com-
mission has the authority to implement the types of 
relief set forth in this Act. 
SEC. 3. RESTRICTIONS ON THE PROVISION OF INMATE 
TELEPHONE AND VIDEO SERVICE. 
(a) DEFINITIONS.—Section 226(a) of the Commu-
nications Act of 1934 (47 U.S.C. 226(a)) is amended by 
adding at the end the following: 
‘‘(10) The term ‘ancillary fee’ means any 
charge or fee that is imposed on a user of inmate 
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telephone and video service in addition to the per- 
minute rate. 
‘‘(11) The term ‘collect’ or ‘collect call’ means 
a telephone call or video call from a person incarcer-
ated in a correctional institution that is billed to the 
subscriber receiving the call. 
‘‘(12) The term ‘commission’ means a fee or 
other payment by a provider of inmate telephone 
and video service to an administrator of a correc-
tional institution, department of correction, or simi-
lar entity, based upon, or partly upon, inmate tele-
phone and video service revenue. 
‘‘(13) The term ‘debit account’ means the pay-
ment of inmate telephone and video service through 
a prepaid card or other account of an inmate, which 
can be accessed only through an access code, per-
sonal identification number, or similar identifier. 
‘‘(14) The term ‘inmate telephone and video 
service’ means the provision of telephone and video 
service enabling persons incarcerated in correctional 
institutions to originate calls at payphones, tele-
phones, or video kiosks that are designated for the 
personal use of inmates, regardless of whether the 
calls are collect, paid through a debit account, or 
paid through any other means. 
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‘‘(15) The term ‘provider of inmate telephone 
and video service’ means any common carrier that 
provides inmate telephone and video service or any 
other person determined by the Commission to be 
providing inmate telephone and video service.’’. 
(b) REGULATIONS.—Section 226 of the Communica-
tions Act of 1934 (47 U.S.C. 226) is amended— 
(1) by redesignating subsection (i) as subsection 
(k); and 
(2) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) REGULATION
OF INMATE TELEPHONE
AND 
VIDEO SERVICE.— 
‘‘(1) IN
GENERAL.—In order to ensure that 
charges for inmate telephone and video service are 
just, reasonable, and nondiscriminatory, not later 
than 1 year after the date of enactment of the Fam-
ily Telephone Connection Protection Act of 2017, 
the Commission shall adopt or continue in force (as 
the case may be) regulations on the use of inmate 
telephone and video service that— 
‘‘(A) prescribe variable maximum per- 
minute compensation rates depending on such 
factors as carrier costs, the size of the correc-
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tional facility served, and other relevant factors 
identified by the Commission; 
‘‘(B) prohibit per-call or per-connection 
charges; 
‘‘(C) require providers of inmate telephone 
and video service to offer both collect calling 
and debit account services; 
‘‘(D) address the payment of commissions 
by providers of inmate telephone and video 
service to administrators of correctional institu-
tions, departments of correction, and similar 
entities by— 
‘‘(i) prohibiting such payments; or 
‘‘(ii) limiting commission payments; 
‘‘(E) require administrators of correctional 
institutions, departments of correction, and 
similar entities to allow more than 1 provider of 
inmate telephone and video service to provide 
interstate inmate telephone and video service at 
a correctional institution so that inmates have 
a choice of such providers; and 
‘‘(F) prohibit or substantially limit any an-
cillary fees imposed by a provider of inmate 
telephone and video service on a user of the 
service. 
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‘‘(2) SCOPE.— 
‘‘(A) 
IN
GENERAL.—The 
regulations 
adopted by the Commission under this sub-
section— 
‘‘(i) shall be technologically neutral; 
and 
‘‘(ii) shall not jeopardize legitimate se-
curity and penological interests. 
‘‘(B) IMPACT ON REVENUE.—To the extent 
the regulations adopted by the Commission 
under this subsection reduce or eliminate the 
revenue derived by administrators of correc-
tional institutions, departments of correction, 
and similar entities from the receipt of commis-
sions, such effects of the regulations shall not 
be considered to be jeopardizing or otherwise 
affecting legitimate security or penological in-
terests. 
‘‘(3) PERIODIC REVIEW.—The Commission shall 
review, on a biennial basis, the regulations adopted 
under this subsection, including to determine wheth-
er any compensation rates established by the Com-
mission should be modified. 
‘‘(4) STATE PREEMPTION.—To the extent that 
any State, local government, or private correctional 
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facility requirements are inconsistent with the regu-
lations of the Commission affecting or pertaining to 
inmate telephone and video service, including restric-
tions on the payment of commissions based upon in-
mate telephone and video service revenues or earn-
ings, the regulations of the Commission on such 
matters shall preempt the State, local government, 
or private correctional facility requirements. 
‘‘(j) INMATE
TELEPHONE
AND
VIDEO
SERVICE 
FULLY SUBJECT TO SECTIONS 201, 205, 251, 252, AND 
276.— 
‘‘(1) IN GENERAL.—Inmate telephone and video 
service shall be fully subject to the requirements of 
sections 201, 205, 251, 252, and 276. 
‘‘(2) RESTRICTION.—A provider of inmate tele-
phone and video service may not block, refuse to 
carry, or otherwise degrade a call placed by an in-
mate on the grounds that the provider has no con-
tractual or other arrangement with the local ex-
change carrier serving the intended recipient of the 
call or other communications service provider in-
volved in any portion of the transmission of the 
call.’’. 
Æ 
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