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Press Release

Advocates Applaud the Advancement of Sen. Duckworth鈥檚 Legislation Restoring the FCC鈥檚 Full Authority to Address the High Cost of Phone Calls for Incarcerated People and Their Families

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On Tuesday, the Senate Commerce, Science and Transportation Committee moved the Martha Wright-Reed Just and Reasonable Communications Act of 2021 (S. 1541) out of committee聽after a聽markup. Introduced last year by Sen. Tammy Duckworth (D鈥揑llinois), the bill advanced聽with an amendment agreed to by prison-phone-justice advocates and the National Sheriffs鈥 Association. The bill would restore the FCC鈥檚 authority to regulate all prison and jail calls and stop prison-telecom corporations from charging incarcerated people and their loved ones predatory rates.

The bill is named in honor of Mrs. Martha Wright-Reed, who fought for affordable prison call rates for more than 20 years. Phone calls were the only way Wright-Reed could stay in touch with her grandson while he was incarcerated. As a blind elderly woman, she could not write letters or travel long distances to visit him.

The Martha Wright-Reed Just and Reasonable Communications Act would allow the FCC to address the predatory prices that incarcerated people and their loved ones have had to pay to communicate with each other. The legislation clarifies the FCC鈥檚 authority to regulate all prison and jail calls. In 2017, a federal court limited the agency鈥檚 authority over intrastate calls and held that the agency could聽regulate only interstate calls.

Worth聽Rises, Color Of Change, United Church of Christ鈥檚 Media Justice Ministry, Free Press Action, The Leadership Conference on Civil and Human Rights, the National Consumer Law Center, Public Knowledge and 国产视频鈥檚 Open Technology Institute聽commend Sen. Duckworth for her efforts to advance this important legislation on a bipartisan basis聽as it promises to improve the lives of people across the country. The Duckworth amendment, which reinforces the FCC鈥檚 obligations under the Administrative Procedure Act, required advocates to make mild concessions but also secured the crucial support of the National Sheriffs鈥 Association.

For far too long, families across the country have suffered the high costs and notoriously unjust commercial practices of the prison-telecom industry. In an era in which improved technology and more choices have reduced communication prices for many people outside the carceral system, we cannot allow people鈥檚 families to be burdened with rates and fees reminiscent of the 1990s and early 2000s. For years, many families have had to choose between putting food on the table and staying in touch with loved ones.聽For the 2.7 million children with an incarcerated parent, this can mean forgoing phone calls that could help them maintain healthy relationships.

The prison-telecom industry has managed to avoid regulation for far too long, and families have paid the exorbitant price,鈥 said Worth Rises Executive Director Bianca Tylek. 鈥淲e are glad to see the Senate finally taking steps toward correcting this injustice by advancing the Martha Wright-Reed Just and Reasonable Communications Act and ensuring that the FCC can put an end to the predatory call rates charged in our nation鈥檚 prisons and jails. While we would have preferred the bill be marked up in its original form, today鈥檚 amendment reflects cooperative efforts across the aisle with all stakeholders. We look forward to continuing to work with Senator Duckworth, who has passionately led the charge on this issue, to advance this legislation through the Senate and hope that today鈥檚 committee action can inspire the House to advance Representative Rush鈥檚 Martha Wright Prison Phone Justice Act.鈥

鈥淭his deal marks an important step toward keeping thousands of incarcerated people and their loved ones connected,鈥 said Scott聽Roberts, senior director of criminal justice and democracy campaigns at Color Of Change. "Two years into the pandemic, as families continue struggling to stay in touch, prison-telecommunications companies are still getting rich off of outrageous fees for phone calls. The Martha Wright-Reed Act would allow for much-needed caps on those fees聽and provide relief to the countless Black families being targeted by these businesses and the prison system. We鈥檙e excited to see the bill gaining momentum, and look forward to working with Members of Congress to get this passed.鈥

Each step forward toward lower communication costs for incarcerated people and their loved ones is another step on the long path toward justice,鈥 said Cheryl A. Leanza, policy advisor to the United Church of Christ Media Justice Ministry. 鈥淭his legislation, if it becomes law, will place an important check on the outrageous and predatory rates imposed on families that are already struggling and provide a measure of sanity in a completely broken marketplace. We commend Senators Duckworth and Portman and the bill鈥檚 other co-sponsors for their leadership, and thank the Senate Commerce Committee for its bipartisan聽vote to move this bill forward. The compromise amendment restores the Federal Communications Commission鈥檚 authority to adopt just and reasonable rates, as it should. We look forward to positive votes in the full Senate and in the House, where Rep. Rush鈥檚 bill, H.R. 2489, is ready to move forward.鈥

鈥淧rison-phone rates are astronomical, with the price of a local 15-minute phone call costing up to $25 in some states,鈥 said聽Free Press Action Policy Counsel Leo Fitzpatrick. 鈥淢any families simply can鈥檛 afford these rates, which force them to make impossible choices. The pandemic has exacerbated this suffering 鈥 and the for-profit prison-industrial complex will continue to exploit people unless and until Congress and the FCC take action. We urge the full Senate to pass this legislation and for the House to pass Representative Bobby Rush鈥檚 bill as soon as possible.鈥

鈥淲e applaud Senator Duckworth for spearheading this commonsense bipartisan聽bill to eliminate these predatory practices that have plagued incarcerated individuals,鈥 said聽Wade Henderson, interim president and CEO of The Leadership Conference on Civil and Human Rights. 鈥淔or far too long, families have been forced to make incredibly difficult and unfair financial choices just to speak to their loved ones on the phone. We urge Congress to swiftly pass the Martha Wright-Reed Just and Reasonable Communications Act.鈥

鈥淔or too long, families have been forced to pay inflated, unaffordable rates to stay connected with their incarcerated loved ones,鈥 said聽Ariel Nelson, staff attorney at the National Consumer Law Center. 鈥淲e applaud Senator Duckworth for leading the effort to stop these predatory practices, which disportionately harm families and communities of color, and urge the full Senate to pass the Martha Wright-Reed Just and Reasonable Communications Act.鈥

鈥淓veryone has a right to connect with loved ones at reasonable prices,鈥 said聽Public Knowledge Senior Fellow Al Kramer. 鈥淭hese unconscionable phone rates impose undue hardship on many families, forcing them to choose between connecting with incarcerated loved ones or putting food on the table. We applaud Senator Duckworth for her efforts to ensure that no one should ever have to make that choice and are pleased there is a path to move this legislation forward.鈥

鈥淭he telecom industry is predatory already for many who can鈥檛 afford expensive service, and this is even worse for those incarcerated, whose families and loved ones have to pay unimaginable prices to keep in touch with them,鈥 said聽Claire Park, policy analyst at 国产视频鈥檚 Open Technology Institute.聽鈥淲e鈥檙e excited to see the Martha Wright-Reed Act move forward, so that no one will have to choose again between affording life-saving medicine, or calling their family.鈥

Advocates Applaud the Advancement of Sen. Duckworth鈥檚 Legislation Restoring the FCC鈥檚 Full Authority to Address the High Cost of Phone Calls for Incarcerated People and Their Families