I 
113TH CONGRESS 
1ST SESSION H. R. 1403 
To amend the Communications Act of 1934 to require the Federal Commu-
nications Commission to prescribe rules regulating inmate telephone serv-
ice rates. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 25, 2013 
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. 
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 2013’’. 
SEC. 2. FINDINGS. 
The Congress finds that: 
(1) It is the policy of the United States to en-
sure that all Americans are afforded just and rea-
VerDate Mar 15 2010 
16:08 Apr 01, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1403.IH
H1403
srobinson on DSK4SPTVN1PROD with BILLS
sonable communications services, including those 
families that pay rates for inmate telephone service. 
(2) The telephone is the primary method by 
which individuals correspond and maintain contact 
with family members who are incarcerated in correc-
tional institutions. 
(3) Except for emergency purposes, family 
members are not allowed to call people incarcerated 
in correctional institutions; incarcerated persons are 
typically allowed to call family members and other 
pre-approved individuals only through payphones 
physically located on the premises of correctional in-
stitutions. 
(4) Inmate telephone service in correctional in-
stitutions often is limited to collect calling. 
(5) Regardless of whether the prisoners’ calls 
are placed collect or through a debit account, the 
prisoners’ family members typically pay for the calls, 
either through their telephone bills, in the case of 
collect calls received from prisoners, or by making 
deposits directly into prisoners’ debit accounts. 
(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 
VerDate Mar 15 2010 
16:08 Apr 01, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1403.IH
H1403
srobinson on DSK4SPTVN1PROD with BILLS
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 communications between incarcer-
ated persons and family members is burdened, and 
in some cases, prevented, by excessive inmate tele-
phone service rates. Excessive inmate telephone serv-
ice rates thus weaken the family and community ties 
that are necessary for successful reentry into society 
by persons who were formerly incarcerated and the 
reduction in crime resulting from successful reentry. 
(8) Innocent citizens are paying excessive tele-
phone charges simply due to having a family mem-
ber or loved one who is incarcerated. 
(9) The rates for calls from correctional institu-
tions are some of the highest rates in the United 
States, with some per-minute charges reaching $1 
and service or connection charges of $3.00 per call. 
(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 telephone companies that provide long 
distance inmate telephone service to correctional in-
stitutions. 
VerDate Mar 15 2010 
16:08 Apr 01, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1403.IH
H1403
srobinson on DSK4SPTVN1PROD with BILLS
(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 service within each correc-
tional 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 service in a correc-
tional facility. In some cases, such commissions can 
account for as much as 60 percent of the total reve-
nues 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. 
(14) Due to the lack of competition for tele-
phone services within correctional institutions, fami-
lies of people in prison, many of whom have low in-
comes, cannot choose the long distance carrier with 
the lowest calling rates and must pay the excessive 
rates charged by the carrier having the exclusive 
VerDate Mar 15 2010 
16:08 Apr 01, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1403.IH
H1403
srobinson on DSK4SPTVN1PROD with BILLS
right to provide long distance service to the correc-
tional institution from which the call originates. 
(15) The Commission has the expertise and au-
thority to regulate inmate telephone service. Because 
parties to Commission rulemaking proceedings have 
raised issues regarding its authority to implement 
meaningful relief for excessive inmate telephone 
service rates, Congress finds it necessary and appro-
priate to reaffirm that the Commission has the au-
thority to implement the types of relief set forth in 
this Act. 
SEC. 3. RESTRICTIONS ON THE PROVISION OF INMATE 
TELEPHONE 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 new paragraphs: 
‘‘(10) The term ‘collect’ or ‘collect call’ refers to 
a telephone call from a person incarcerated in a cor-
rectional institution that is billed to the subscriber 
receiving the call. 
‘‘(11) The term ‘commission’ refers to a fee or 
other payment by a provider of inmate telephone 
service to an administrator of a correctional institu-
tion, department of correction, or similar entity, 
VerDate Mar 15 2010 
02:12 Apr 02, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1403.IH
H1403
srobinson on DSK4SPTVN1PROD with BILLS
based upon, or partly upon, inmate telephone service 
revenue. 
‘‘(12) The term ‘debit account’ refers to the 
payment of inmate telephone service through a pris-
oner’s prepaid card or other account, which can be 
accessed only through an access code, personal iden-
tification number, or similar identifier. 
‘‘(13) The term ‘inmate telephone service’ in-
cludes the provision of telephone service enabling 
persons incarcerated in correctional institutions to 
originate interstate calls at payphones or other tele-
phones that are designated for prisoners’ personal 
use, regardless of whether the calls are collect, paid 
through a debit account, or paid through any other 
means. 
‘‘(14) The term ‘provider of inmate telephone 
service’ means any common carrier that provides in-
mate telephone service or any other person deter-
mined by the Commission to be providing inmate 
telephone service.’’. 
(b) REGULATIONS.—Section 226 is further amend-
ed— 
(1) by redesignating subsection (i) as subsection 
(k); and 
VerDate Mar 15 2010 
16:08 Apr 01, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1403.IH
H1403
srobinson on DSK4SPTVN1PROD with BILLS
(2) by inserting after subsection (h) the fol-
lowing new subsections: 
‘‘(i) REGULATION OF INMATE TELEPHONE SERV-
ICE.— 
‘‘(1) RATES.—In order to ensure that charges 
for inmate telephone service are just, reasonable, 
and nondiscriminatory, the Commission shall con-
sider, either in a rulemaking proceeding that is 
pending as of the date of enactment of the Family 
Telephone Connection Protection Act of 2013 or in 
a new rulemaking proceeding, the following types of 
regulation of inmate telephone service, all of which 
are within the Commission’s jurisdiction and author-
ity: 
‘‘(A) Prescribing a maximum uniform per- 
minute compensation rate. 
‘‘(B) Prescribing a maximum uniform serv-
ice connection or other per-call compensation 
rate. 
‘‘(C) Prescribing variable maximum com-
pensation rates depending on such factors as 
carrier costs, the size of the correctional facility 
served, and other relevant factors identified by 
the Commission. 
VerDate Mar 15 2010 
16:08 Apr 01, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1403.IH
H1403
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(D) Requiring providers of inmate tele-
phone service to offer both collect calling and 
debit account services. 
‘‘(E) Prohibiting the payment of commis-
sions by providers of inmate telephone service 
to administrators of correctional institutions, 
departments of correction, and similar entities. 
‘‘(F) Requiring administrators of correc-
tional institutions, departments of correction, 
and similar entities to allow more than one pro-
vider of inmate telephone service to provide 
interstate inmate telephone service at a correc-
tional institution in order that prisoners have a 
choice of such providers. 
‘‘(2) SCOPE.—The regulations adopted by the 
Commission shall be technologically neutral and 
shall not jeopardize legitimate security and penolog-
ical interests. To the extent the Commission regula-
tions reduce or eliminate the revenue derived by ad-
ministrators of correctional institutions, departments 
of correction, and similar entities from the receipt of 
commissions, such effects of Commission regulations 
shall not be considered as jeopardizing or otherwise 
affecting legitimate security or penological interests. 
VerDate Mar 15 2010 
16:08 Apr 01, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1403.IH
H1403
srobinson on DSK4SPTVN1PROD with BILLS