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On July 18, 2024, the Federal Communications Commission (FCC) adopted new rules ending the high voice and video call rates that have burdened incarcerated individuals and their friends and families for decades. The new rules feature some significant changes, including rate caps for voice and video calls and prohibitions on site commissions. These new rules are a momentous step towards creating a more equitable communication system for incarcerated individuals across the country.
Since the FCC’s announcement, states and advocacy groups across the country have expressed reservations. The American Jail Association (AJA) requested the FCC refrain from setting rate caps because jails will struggle to maintain essential programs without the revenue from phone charges. Wisconsin is concerned that, without revenue, the state will be unable to continue to subsidize video calls, resulting in family members paying $4 instead of the $2.50 they currently pay. Further, under Wisconsin state law, one-third of the total commissions collected by the Wisconsin Department of Corrections (DOC) goes directly to the Wisconsin DOC. This nearly $2.1 million sum is used to fund services for inmate care. The new rule eliminates this sum.
Texas has also expressed concerns. Under Texas law, all revenue from voice and video calls made from Texas Department of Criminal Justice facilities must be divided between the provider and the state. Most of the money the state collects is allocated to the Texas Crime Victims Fund.
While states may see an initial drop in revenue, the FCC’s new policy is better for incarcerated individuals, their friends and family, and the community at large. Revenue collected from voice and video calls fluctuates, dependent upon how much or little incarcerated individuals call friends and family. Critical services, such as victims’ funds or rehabilitation programs, are limited or expanded due to these fluctuations. Rather than rely on fluctuating funds, states should allocate funds to these services during the budgeting process. Providing these services with stable funds, not tied to revenue, will ensure that individuals are able to access critical services while bringing states into compliance with the FCC’s order.
The FCC’s new rules ensure incarcerated individuals have access to voice and video calling at affordable prices. States should embrace these new rules as they continue to work towards a more equitable criminal justice system.
