[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1764 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1764

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2019

 Ms. Duckworth (for herself, Mr. Portman, Mr. Schatz, Mr. Booker, Mr. 
  King, and Mr. Markey) 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 
  telephone and advanced communications services in correctional and 
                         detention facilities.

    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 ``Martha Wright-Reed Just and 
Reasonable Communications Act of 2019''.

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 
        incarcerated people 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 incarcerated people via telephone and 
        advanced communications, are afforded just and reasonable 
        charges for all communications services.
            (4) The current correctional facilities 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) Mrs. Martha Wright-Reed of Washington, DC, led a 
        campaign for just calling rates for incarcerated people for 
        over a decade. Mrs. Wright-Reed was the lead plaintiff in 
        Wright v. Corrections Corporation of America, CA No. 00-293 
        (GK) (D.D.C. 2001), which ultimately led to the Wright Petition 
        at the Federal Communications Commission, CC Docket No. 96-128 
        (Nov. 3, 2003). Mrs. Wright-Reed became involved, when, as a 
        grandmother, she was forced to choose between purchasing 
        medication and communicating with her incarcerated grandson. 
        Mrs. Wright-Reed passed away on January 18, 2015, before fully 
        realizing her dream of just communications rates for all 
        people.
            (8) After the Federal Communications Commission granted the 
        petition Wright Petition described in paragraph (7), the United 
        States Court of Appeals for the District of Columbia Circuit 
        reversed the Federal Communications Commission by interpreting 
        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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