,i #aaeth ,,congress #ast ,session ,h4 ,r4 #aahd ,,in ,,the ,,house ,,of ,,representatives ,february #af1 #bjag,mr4 ,rush 7for himself1 ,mr4 ,butterfield1 and ,ms4 ,norton7 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 and video service rates1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,family ,telephone ,connection ,protection ,act of #bjag4 #b4 ,findings ,the ,congress finds the following3 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 and video service4 7#b7 ,telephone and video calls are the primary methods 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 institutions1 and incarcerated persons are typically allowed to call family members and other pre-approved individuals only through facilities physically located on the premises of correctional institutions4 7#d7 ,inmate telephone and video service in correctional institutions often is limited to collect calling4 7#e7 ,regardless of whether the inmates' calls are placed collect or through a debit account1 the inmates' family members typically pay for the calls1 either through their telephone bills1 in the case of collect calls received from inmates1 or by making deposits directly into inmates' 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 communication between incarcerated persons and family members is burdened1 and in some cases1 prevented1 by excessive inmate telephone and video service rates4 ,excessive inmate telephone and video 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 and video service 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 ,states4 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 companies that provide long distance inmate telephone and video 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 and video 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 and video 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 and video 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 and video service4 ,because parties to ,commission rulemaking proceedings have raised issues regarding its authority to implement meaningful relief for excessive inmate telephone and video 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 and video 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 following3 7#aj7 ,the term ancillary fee means any charge or fee that is imposed on a user of inmate telephone and video service in addition to the per-minute rate4 7#aa7 ,the term collect or collect call means a telephone call or video call from a person incarcerated in a correctional institution that is billed to the subscriber receiving the call4 7#ab7 ,the term commission means a fee or other payment by a provider of inmate telephone and video service to an administrator of a correctional institution1 department of correction1 or similar entity1 based upon1 or partly upon1 inmate telephone and video service revenue4 7#ac7 ,the term debit account means the payment of inmate telephone and video service through a prepaid card or other account of an inmate1 which can be accessed only through an access code1 personal identification number1 or similar identifier4 7#ad7 ,the term inmate telephone and video service means the provision of telephone and video service enabling persons incarcerated in correctional institutions to originate calls at payphones1 telephones1 or video kiosks that are designated for the personal use of inmates1 regardless of whether the calls are collect1 paid through a debit account1 or paid through any other means4 7#ae7 ,the term provider of inmate telephone and video service means any common carrier that provides inmate telephone and video service or any other person determined by the ,commission to be providing inmate telephone and video service4 4 7b7 ,regulations ,section #bbf of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbf7 is amended-- 7#a7 by redesignating subsection 7i7 as subsection 7k72 and 7#b7 by inserting after subsection 7h7 the following3 7i7 ,regulation of inmate telephone and video service 7#a7 ,in general ,in order to ensure that charges for inmate telephone and video service are just1 reasonable1 and nondiscriminatory1 not later than #a year after the date of enactment of the ,family ,telephone ,connection ,protection ,act of #bjag1 the ,commission shall adopt or continue in force 7as the case may be7 regulations on the use of inmate telephone and video service that-- 7,a7 prescribe variable maximum per-minute compensation rates depending on such factors as carrier costs1 the size of the correctional facility served1 and other relevant factors identified by the ,commission2 7,b7 prohibit per-call or per-connection charges2 7,c7 require providers of inmate telephone and video service to offer both collect calling and debit account services2 7,d7 address the payment of commissions by providers of inmate telephone and video service to administrators of correctional institutions1 departments of correction1 and similar entities by-- 7i7 prohibiting such payments2 or 7ii7 limiting commission payments2 7,e7 require administrators of correctional institutions1 departments of correction1 and similar entities to allow more than #a provider of inmate telephone and video service to provide interstate inmate telephone and video service at a correctional institution so that inmates have a choice of such providers2 and 7,f7 prohibit or substantially limit any ancillary fees imposed by a provider of inmate telephone and video service on a user of the service4 7#b7 ,scope 7,a7 ,in general ,the regulations adopted by the ,commission under this subsection-- 7i7 shall be technologically neutral2 and 7ii7 shall not jeopardize legitimate security and penological interests4 7,b7 ,impact on revenue ,to the extent the regulations adopted by the ,commission under this subsection 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 the regulations shall not be considered to be jeopardizing or otherwise affecting legitimate security or penological interests4 7#c7 ,periodic review ,the ,commission shall review1 on a biennial basis1 the regulations adopted under this subsection1 including to determine whether any compensation rates established by the ,commission should be modified4 7#d7 ,state preemption ,to the extent that any ,state1 local government1 or private correctional facility requirements are inconsistent with the regulations of the ,commission affecting or pertaining to inmate telephone and video service1 including restrictions on the payment of commissions based upon inmate telephone and video service revenues or earnings1 the regulations of the ,commission on such matters shall preempt the ,state1 local government1 or private correctional facility requirements4 7j7 ,inmate telephone and video service fully subject to sections #bja1 #bje1 #bea1 #beb1 and #bgf 7#a7 ,in general ,inmate telephone and video service shall be fully subject to the requirements of sections #bja1 #bje1 #bea1 #beb1 and #bgf4 7#b7 ,restriction ,a provider of inmate telephone and video service may not block1 refuse to carry1 or otherwise degrade a call placed by an inmate 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 communications service provider involved in any portion of the transmission of the call4 4