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On July 18, 2024, the Federal Communications Commission (FCC) unanimously adopted new rules aimed at ending the exorbitant costs of voice and video calls that have burdened incarcerated individuals and their friends and families for decades. This landmark decision marks the FCC’s first implementation step of the Martha Wright-Reed Just and Reasonable Communications Act, which President Biden signed into law early last year.
For decades, telecom companies have exploited incarcerated people and their families, charging them as much as a dollar per minute to maintain essential connections. The new FCC regulations are designed to alleviate these financial burdens, establishing fair and reasonable rates for all forms of communication used by incarcerated individuals.
“Families have to be able to communicate. It’s about keeping families together. It’s about making sure folks are integrated back into their families, communities, and our society,” shared Commissioner Starks, who voted to approve the new rules.
Key Changes in the New Rules
Rate Caps For Voice And Video Calls
The FCC adopted the following rate caps for audio and video calls:
Notably, the FCC separated prisons from jails, and then further separated jails by size. The FCC finds tiered-structure for these rate caps to be consistent with the Martha Write-Reed Act’s directive. This is also the first time the commission has imposed regulations on video calls, recognizing that technology improvements have expanded communications beyond audio-only calls.
Prohibits Site Commissions
Providers are prohibited from paying site commissions at all facilities, although facilities may still receive reimbursements for costs which are “useful and used” in providing voice and video services to incarcerated individuals.
Security Costs
The FCC allows safety and security costs related to compliance with the Communications Assistance for Law Enforcement Act and communications security services are generally appropriate for recovery through regulated rates. Security costs are associated with security measures, including preventing three-way communications, fraud management, and developing pre-approved “allow” lists.
While the FCC’s new rules represent significant progress, there is still much work to be done at the state level. Currently, only five states have passed no-cost calling legislation, ensuring that incarcerated individuals can stay in touch with friends and family for free. To ensure that all incarcerated individuals are able to keep in touch with friends and family, states must take up the torch from the FCC and pass no-cost calling legislation.
These new rules mark a transformative moment alongside Ameelio’s fight for justice and equity in communication services for incarcerated individuals, offering hope for more humane and accessible ways to stay connected with loved ones.
