[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2520 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2520

    To amend the Communications Act of 1934 to require the Federal 
  Communications Commission to ensure just and reasonable charges for 
         inmate telephone and advanced communications services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2018

 Ms. Duckworth (for herself, Mr. Booker, Mr. Schatz, and Mr. Portman) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To amend the Communications Act of 1934 to require the Federal 
  Communications Commission to ensure just and reasonable charges for 
         inmate telephone and advanced communications services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Inmate Calling Technical Corrections 
Act of 2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Prison, jails, and detention centers in the United 
        States have unique telecommunications needs due to safety and 
        security concerns.
            (2) Unjust and unreasonable charges negatively impact the 
        safety and security of communities in the United States by 
        exacerbating recidivism by damaging relationships between 
        inmates and their support systems.
            (3) It is the policy of the United States to ensure that 
        all people in the United States, including anyone who pays for 
        communications with inmates via telephone and advanced 
        communications, are afforded just and reasonable charges for 
        all communications services.
            (4) The current inmate communications market suffers from 
        market failure. Among other issues, consumers cannot choose 
        among competing providers, which produces locational monopolies 
        and monopoly profits at the expense of rate-payers.
            (5) Charges for communicating with individuals detained in 
        prisons, jails, and detention centers have been shown to be 
        unjust and unreasonable as a result of industry practices and 
        lack of competition.
            (6) Unjust and unreasonable charges extend to telephone and 
        advanced communications services and to both intrastate and 
        interstate communications.
            (7) The United States Court of Appeals for the District of 
        Columbia Circuit interpreted section 276 of the Communications 
        Act of 1934 (47 U.S.C. 276) in the case of Global Tel*Link v. 
        Federal Communications Commission, 866 F.3d 397 (D.C. Cir. 
        2017), in part by constricting the meaning of the word ``fair'' 
        and limiting the means by which the Federal Communications 
        Commission can calculate fair, just, and reasonable charges.

SEC. 3. TECHNICAL AMENDMENTS.

    (a) In General.--Section 276 of the Communications Act of 1934 (47 
U.S.C. 276) is amended--
            (1) in subsection (b)(1)(A)--
                    (A) by striking ``per call'';
                    (B) by inserting ``, and all charges are just and 
                reasonable,'' after ``fairly compensated'';
                    (C) by striking ``each and every''; and
                    (D) by striking ``call using'' and inserting 
                ``communications using''; and
            (2) in subsection (d), by inserting ``and advanced 
        communications services'' after ``inmate telephone service''.
    (b) Definition of Advanced Communications Services.--Section 3(1) 
of the Communications Act of 1934 (47 U.S.C. 153(1)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) any audio or video communications service 
                provided at a correctional institution, regardless of 
                technology used.''.
    (c) Application of the Act.--Section 2(b) of the Communications Act 
of 1934 (47 U.S.C. 152(b)) is amended by inserting ``section 276,'' 
after ``sections 223 through 227, inclusive,''.

SEC. 4. IMPLEMENTATION.

    (a) Rulemaking.--Not later than 18 months after the date of 
enactment of this Act, the Federal Communications Commission shall 
promulgate any regulations necessary to implement this Act and the 
amendments made by this Act.
    (b) Use of Data.--In implementing this Act and the amendments made 
by this Act, including by promulgating regulations under subsection (a) 
and determining just and reasonable rates, the Federal Communications 
Commission may use industry average costs and collect and analyze such 
data as the Commission determines necessary.
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