US Federal Communications Commission caps phone and video call rates for incarcerated individuals

The Federal Communications Commission (FCC) voted on Thursday to cap the prices incarcerated individuals and their families face while making phone or video calls.

Prior to the proposed change, incarcerated individuals were charged as high as $12.10 for a 15-minute phone call in small jails, and $11.35 in large ones. However, with the implementation of the new rules, these costs will be mitigated to nominal amounts which would make communication much more accessible and convenient. The proposed changes would set per-minute price caps on audio and video calls depending on the place of incarceration. In large jails and prisons, the amount chargeable for audio calls would be limited to $0.06 per minute, and in small ones, $0.09 per minute. Video call charges would similarly be capped at $0.11 per minute and $0.14 per minute for large and small jails respectively.

The change was possible in large part due to the recently passed Martha Wright-Reed Just and Reasonable Communications Act of 2022. The act, which amends the Communications Act of 1934, mandates for “the Federal Communications Commission to ensure just and reasonable charges for telephone and advanced communications services in correctional and detention facilities.”

A written statement issued by FCC Chairwoman Jessica Rosenworcel revealed that the present change is rooted in a petition that Martha Wright-Reed filed years ago, wherein she called on the FCC to do something about the “unconscionable rates” families of the incarcerated had to pay just to speak with their loved ones. She went on to state that:

For those who are incarcerated and their loved ones, talk does not come cheap. People in prison are often separated from their families by hundreds of miles, and families may lack the time and means to make regular visits. So calls from payphones are often the only way to stay connected. But the price of an individual call can be as much as many of us pay for an unlimited monthly plan. This is not just a strain on the household budget. It harms all of us because regular contact with family can reduce recidivism.

On the other hand, Commissioner Brendan Carr released a statement supporting the change but also wary of the specific model:

With respect to the specifics, a ratemaking like this one must balance two competing objectives, as the relevant statutory provisions make clear. The FCC must not only ensure that charges are just and reasonable, but the agency must also preserve the incentives to invest and serve inmates by taking into consideration the unique costs of providing [Incarcerated People’s Communications Services (IPCS)].

When I first read the draft of today’s FCC decision, I had concerns that the item went too far in one direction and overcorrected in ways that could ultimately work against the interests of inmates, their families, IPCS providers, state correctional facilities, and the public-safety officials who operate them.