Inmate Phone Service Draws FCC Scrutiny
he Federal Communications Commission has signaled an
interest in regulating phone service for inmates, stepping into a long-running
legal battle over prisoners' rights.
Inmate lawsuits dating back more than a decade argue that
exclusive arrangements between prisons and service providers have restricted
their phone choices and driven up rates—chilling their speech in violation of
the First Amendment.
In a notice to be published Tuesday in the Federal
Register, the FCC says that "regular telephone contact between inmates and
their families is an important public policy matter," and points to
studies that show that regular contact with family reduces inmate recidivism.
The notice asks for public comment on a range of possible regulations,
including rate caps and the elimination of per-call charges.
The U.S. Court of Appeals for the Eighth Circuit last
year rejected the First Amendment claims of an Arkansas prisoner who said a
10-minute interstate call cost him $10.43, plus taxes and other charges. The
FCC has jurisdiction over interstate communications, but inmate
calling-services rates in state prisons are generally set by the states. The
rates for long-distance interstate calls vary widely. Rates in federal prisons
are set by the Federal Bureau of Prisons.
Inmate calling services are typically limited to collect
or debit-based calling from payphones. Collect calls from a correctional
facility usually incur a two-part charge: a per-call setup charge and a
per-minute charge. The FCC notice says the per-call charge can vary from 50
cents to $3.95 and per-minute charges can vary from five to 89 cents.
Adding to the costs, contracts between prisons and
service providers often include so-called site commissions—payments the service
providers kick back to the prisons.
The Eighth Circuit case highlighted a contract between
the Arkansas Department of Corrections and Global Tel Link, in which the
company turned over 45% of its gross revenue to the prison system. The
commission payments amounted to more than $2 million per year.
The FCC asked for comment on what legal authority it has
to address such commissions.
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