,i #aacth ,,congress #ast ,session ,h4 ,r4 #adjc ,,in ,,the ,,house ,,of ,,representatives ,march #be1 #bjac ,mr4 ,rush introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to require the ,federal ,communications ,commission to prescribe rules regulating inmate telephone service rates4 #a4 ,short title ,this ,act may be cited as the ,family ,telephone ,connection ,protection ,act of #bjac4 #b4 ,findings ,the ,congress finds that3 7#a7 ,it is the policy of the ,united ,states to ensure that all ,americans are afforded just and reasonable communications services1 including those families that pay rates for inmate telephone service4 7#b7 ,the telephone is the primary method by which individuals correspond and maintain contact with family members who are incarcerated in correctional institutions4 7#c7 ,except for emergency purposes1 family members are not allowed to call people incarcerated in correctional institutions2 incarcerated persons are typically allowed to call family members and other pre-approved individuals only through payphones physically located on the premises of correctional institutions4 7#d7 ,inmate telephone service in correctional institutions often is limited to collect calling4 7#e7 ,regardless of whether the prisoners' calls are placed collect or through a debit account1 the prisoners' family members typically pay for the calls1 either through their telephone bills1 in the case of collect calls received from prisoners1 or by making deposits directly into prisoners' debit accounts4 7#f7 ,it is clear from various studies that maintaining frequent and meaningful communications between people who are incarcerated and family members is key to the successful social reintegration of formerly incarcerated individuals4 ,such contact reduces recidivism and facilitates rehabilitation1 which in turn reduces crime and the future costs of imprisonment4 7#g7 ,frequent communications between incarcerated persons and family members is burdened1 and in some cases1 prevented1 by excessive inmate telephone service rates4 ,excessive inmate telephone service 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 reentry4 7#h7 ,innocent citizens are paying excessive telephone charges simply due to having a family member or loved one who is incarcerated4 7#i7 ,the rates for calls from correctional institutions are some of the highest rates in the ,united ,states1 with some per-minute charges reaching #a and service or connection charges of #c4jj per call4 7#aj7 ,information compiled by the ,congress and the ,federal ,communications ,commission shows that the high rates are due in part to the lack of competition between telephone companies that provide long distance inmate telephone service to correctional institutions4 7#aa7 ,there are no competitive forces providing incentives for those carriers to lower prices or operate efficiently because1 unlike the mass market1 only one carrier is typically permitted to provide long distance inmate telephone service within each correctional institution4 7#ab7 ,high calling rates also are due in part to commissions that carriers pay to correctional institution administrators for the exclusive right to provide long distance inmate telephone service in a correctional facility4 ,in some cases1 such commissions can account for as much as #fj percent of the total revenues received from the use of prison payphones4 7#ac7 ,the collection of such commissions by correctional institution administrators and ,state departments of correction based upon interstate telecommunications revenues is a burden on interstate commerce4 7#ad7 ,due to the lack of competition for telephone services within correctional institutions1 families of people in prison1 many of whom have low incomes1 cannot choose the long distance carrier with the lowest calling rates and must pay the excessive rates charged by the carrier having the exclusive right to provide long distance service to the correctional institution from which the call originates4 7#ae7 ,the ,commission has the expertise and authority to regulate inmate telephone service4 ,because parties to ,commission rulemaking proceedings have raised issues regarding its authority to implement meaningful relief for excessive inmate telephone service rates1 ,congress finds it necessary and appropriate to reaffirm that the ,commission has the authority to implement the types of relief set forth in this ,act4 #c4 ,restrictions on the provision of inmate telephone service 7a7 ,definitions ,section #bbf7;a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbf7;a77 is amended by adding at the end the following new paragraphs3 7#aj7 ,the term collect or collect call refers to a telephone call from a person incarcerated in a correctional institution that is billed to the subscriber receiving the call4 7#aa7 ,the term commission refers to a fee or other payment by a provider of inmate telephone service to an administrator of a correctional institution1 department of correction1 or similar entity1 based upon1 or partly upon1 inmate telephone service revenue4 7#ab7 ,the term debit account refers to the payment of inmate telephone service through a prisoner's prepaid card or other account1 which can be accessed only through an access code1 personal identification number1 or similar identifier4 7#ac7 ,the term inmate telephone service includes the provision of telephone service enabling persons incarcerated in correctional institutions to originate interstate calls at payphones or other telephones that are designated for prisoners' personal use1 regardless of whether the calls are collect1 paid through a debit account1 or paid through any other means4 7#ad7 ,the term provider of inmate telephone service means any common carrier that provides inmate telephone service or any other person determined by the ,commission to be providing inmate telephone service4 4 7b7 ,regulations ,section #bbf is further amended-- 7#a7 by redesignating subsection 7i7 as subsection 7k72 and 7#b7 by inserting after subsection 7h7 the following new subsections3 7i7 ,regulation of inmate telephone service 7#a7 ,rates ,in order to ensure that charges for inmate telephone service are just1 reasonable1 and nondiscriminatory1 the ,commission shall consider1 either in a rulemaking proceeding that is pending as of the date of enactment of the ,family ,telephone ,connection ,protection ,act of #bjac or in a new rulemaking proceeding1 the following types of regulation of inmate telephone service1 all of which are within the ,commission's jurisdiction and authority3 7,a7 ,prescribing a maximum uniform per-minute compensation rate4 7,b7 ,prescribing a maximum uniform service connection or other per-call compensation rate4 7,c7 ,prescribing variable maximum compensation rates depending on such factors as carrier costs1 the size of the correctional facility served1 and other relevant factors identified by the ,commission4 7,d7 ,requiring providers of inmate telephone service to offer both collect calling and debit account services4 7,e7 ,prohibiting the payment of commissions by providers of inmate telephone service to administrators of correctional institutions1 departments of correction1 and similar entities4 7,f7 ,requiring administrators of correctional institutions1 departments of correction1 and similar entities to allow more than one provider of inmate telephone service to provide interstate inmate telephone service at a correctional institution in order that prisoners have a choice of such providers4 7#b7 ,scope ,the regulations adopted by the ,commission shall be technologically neutral and shall not jeopardize legitimate security and penological interests4 ,to the extent the ,commission regulations reduce or eliminate the revenue derived by administrators of correctional institutions1 departments of correction1 and similar entities from the receipt of commissions1 such effects of ,commission regulations shall not be considered as jeopardizing or otherwise affecting legitimate security or penological interests4 7#c7 ,deadlines and periodic review ,the ,commission shall prescribe regulations to implement the provisions of this subsection within one year after the date of enactment of the ,family ,telephone ,connection ,protection ,act of #bjac4 ,the ,commission shall review1 on a triennial basis1 the regulations promulgated under this subsection1 including whether any ,commission-established compensation rates should be modified4 7#d7 ,state preemption ,to the extent that any ,state requirements are inconsistent with the ,commission's regulations affecting or pertaining to interstate inmate telephone service1 including restrictions on the payment of commissions based upon interstate inmate telephone service revenues or earnings1 the ,commission's regulations on such matters shall preempt such ,state requirements4 7j7 ,inmate telephone service fully subject to sections #bea and #beb 7#a7 ,in general ,inmate telephone service is fully subject to the requirements of sections #bea and #beb of this ,act4 7#b7 ,restriction ,no provider of inmate telephone service may block or otherwise refuse to carry a call placed by an incarcerated person on the grounds that the provider has no contractual or other arrangement with the local exchange carrier serving the intended recipient of the call or other common carrier involved in any portion of the transmission of the call4 4