[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1541 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1541
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
May 10, 2021
Ms. Duckworth (for herself, Mr. Portman, Mr. Schatz, Mr. Booker, Mr.
King, Mr. Markey, Mrs. Gillibrand, Ms. Warren, Mr. Casey, Mr.
Blumenthal, Mr. Wyden, and Ms. Klobuchar) 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 2021''.
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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