FCC Approves ICS Item 5-0, With Changes Advocates Sought
The FCC approved 5-0 an order on remand and Further NPRM on rates for interstate inmate calling services, with ICS changes sought by overhaul proponents (see 2008040056). Commissioners Jessica Rosenworcel and Geoffrey Starks said the agency should have acted much earlier. As on other items, Commissioner Mike O’Rielly voted yes but didn’t have a statement (see 2008060062).
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Officials said many of the changes, but not all, sought by a United Church of Christ-led coalition were made. They included seeking comment on whether the ancillary service fees are appropriate and whether the agency should seek additional data. The FCC posted a news release only.
The order clamps down on ancillary service charges on bills for inmate calls, said Chairman Ajit Pai. “This is good news for the incarcerated and those they call,” he said. “This will mean fewer big ancillary fees added to bills and fewer headaches and heartaches for those who have to pay them.” Some say rates proposed in the FNPRM, up to 25 cents per minute for collect calls, are still too high. “Should the facts warrant, this agency will, once again, follow the law and apply rigorous economic analysis to the data in setting final interstate rate caps,” Pai said.
Starks showed a photo of a visit he made with inmates at the Washington, D.C., jail. “The item before us today is but one long overdue step in the approach to treating people behind bars with the dignity they deserve,” Starks said. “Incarcerated people should have access to affordable communications with their loved ones and attorneys because that is a critical element of restorative justice.” The order prohibits providers “from creating any additional ancillary service charges outside of what is permitted and from imposing charges in excess of our ancillary service fee caps, or else they will be subject to enforcement action,” Starks said.
The order is “welcome” but “overdue,” Rosenworcel said: “This agency should be embarrassed. The fact that it has taken us so long to fix this problem is especially shameful now as we wrestle with a health crisis that has made our prisons less safe and in-persons visits no longer viable.” Move quickly on the NPRM, she said. “It has taken too long to get here,” she said. “We are now due for some speed.”
The ICS market is “broken,” said Commissioner Brendan Carr: “The providers offering these services face no competition, so market forces do not operate to constrain the charges that they pass along to consumers. That’s why the FCC has an important role to play in ensuring just and reasonable rates.”
Now, “one less barrier remains in the quest for more just and reasonable rates and charges for interstate inmate calling services,” said former Commissioner Mignon Clyburn, who sought changes as acting chairwoman. “While comprehensive rate reforms for the majority of those incarcerated wishing to maintain regular contact with family, friends and clients have yet to occur, this morning's vote is meaningful and represents a noteworthy step in the right direction,” Clyburn told us: “It is my sincere hope that local jurisdictions, state public service commissions and lawmakers with the authority to act on behalf of those who make nearly 80% of the calls to and from correctional facilities, will not only acknowledge the symbolism of today's vote but be inspired to institute their own critically needed reforms posthaste.” Others say similar.
UCC said the changes go part of the way toward needed overhaul. “Costs of calling incarcerated people are ‘egregiously high,’” the church said: “People are sometimes paying almost $25 for a 15-minute call. Further, as the FCC explains, the vote today will address only 20 percent of relevant calls. Congressional action is needed so that the FCC can address the remaining 80 percent.” American Action Forum said the regulator is limited in what it can do. “Most states have failed to use their authority to meaningfully reduce costs,” the forum said.
Meeting Notebook
Carr told reporters he still hopes for FCC action looking at parts of the 3.1-3.55 GHz band for 5G. O’Rielly was an “early proponent” and identified “this as a band that we should be focused on and targeting,” Carr said: “It does seem to be where people are coalescing in terms of their efforts and their focus for more mid-band.” The FCC has “made good progress” on mid-band and should continue that focus, he said.