FCC Chairwoman Takes Steps to Lower State Prison Phone Rates & Charges

Federal Communications Commission Chairwoman Jessica Rosenworcel shared with her colleagues a proposal to begin a rulemaking to implement the FCC’s expanded authority over rates charged for incarcerated people’s audio and video communications services. The recently adopted Martha Wright-Reed Just and Reasonable Communications Act of 2022 directs the FCC to adopt just and reasonable rates no later than 24 months after enactment. The proposal includes a Notice of Proposed Rulemaking and Order that, if adopted by a vote at the March 2023 Open Meeting, would begin the process of implementing the law. The Notice of Proposed Rulemaking circulated, if adopted, would invite comment on how the Commission should interpret and implement the Martha Wright-Reed Act, including seeking comment on: 

• The expansion of the FCC’s authority over incarcerated people’s communications services to include advanced communications services (including audio and video services) and intrastate services;
• The meaning of “just and reasonable” in the context of the Martha Wright-Reed Act’s other provisions;
• The appropriate rate-making approach given the Commission’s authority to compute just and reasonable rates;
• The safety and security costs necessary for incarcerated people’s communications services; and
• The FCC’s ability to ensure that incarcerated people’s communications services are accessible to and usable by people with communication disabilities.