Biden Administration Could Move ICS Revisions Forward

President-elect Joe Biden's incoming administration should soon nominate an FCC chair willing to rein in costs for inmate calling services, advocates for ICS rate cuts and other changes said in recent interviews. The Biden administration is in a “really good position to get across the finish line” because of a past NPRM on rate caps, said United Church of Christ Office of Communication's Cheryl Leanza. “That puts them ahead of the game.”

Commissioners voted unanimously in July to lower the rate caps for interstate calling from jails and prisons, with many of the changes sought by a UCC-led coalition (see 2008060053). Staff is "continuing to work diligently on the appropriate just and reasonable interstate and international inmate calling service rate caps analyzing the initial round of comments on the Fourth FNPRM," emailed a spokesperson Tuesday.

It's a “fairly rare example” where consensus "appears to be bipartisan,” said Craig Graziano, attorney at the Office of Consumer Advocate for the Iowa DOJ. ICS providers didn't comment for this report.

Intrastate calling remains a concern for advocates because 80% of calls from inmates are intrastate, and a federal court ruled in 2017 the FCC lacks jurisdiction to regulate those services. That could change, Leanza said, if Congress passes the Martha Wright Prison Phone Justice Act (HR-6389), which would provide legal authority and allow the FCC to regulate intrastate calls. Outgoing FCC Chairman Ajit Pai sent a letter to NARUC in July imploring state regulatory commissions to act on reining in the costs for intrastate calls (see 2007200058).

Some localities and others are trying to make telecom for those behind bars more affordable. New York became the first major city in 2019 to provide such free phone services. The California Public Utilities Commission has a prehearing conference Thursday to consider regulating intrastate calling services (see 2010090014).

The problem has worsened over the past 20 years, said Paul Wright, director of the Human Rights Defense Center. Inmates are disproportionately from low-income communities and are being “gouged for these outrageous telephone fees to stay in touch with their loved one” during the pandemic, Wright said. ICS providers bundle video and phone calling, Wright said, so costs for individual services remain unknown.

One area the next commission could address is unused balances on an ICS account or debit card, advocates said. Balances should be refunded in “an automated process, and my colleagues at National Association of State Utility Consumer Advocates agree with that,” Graziano said. NASUCA commented in favor of the FNPRM, and replies are due Dec. 22 (see 2011250048). “It’s illegal to take people’s money,” Wright argued. “They just haven’t been sued over it yet, but I think that's something that's also ripe for litigation.” Wright said those with disabilities are also affected.

The next FCC chair should be someone who “understands the financial exploitation families of incarcerated loved ones experience while simply trying to remain in touch,” said Myaisha Hayes, MediaJustice campaigns strategies director. “The access we have is not the access we need.” She called it “unconscionable” thousands of families can't communicate with inmates during the pandemic due to inability to pay.