Federal Communications Commission
by Michael Hamden
There is presently pending before the Federal Communications Commission (FCC) a proceeding in which the regulation of prison pay phone providers is being considered. (CC Docket # 96-128.) That matter involves the egregious practices of the prison pay phone industry, which, with the complicity of correctional professionals, permit the extortion of billions of dollars from prisoners, their families, and their attorneys on an annual basis. Most of you know this, but I’ll take just a moment of your time to list some of the most common abuses.
Prison telephone contracts grant exclusive rights to industry service providers in exchange for the payment of “commissions” as high as 60% of all revenue. Of course, the commissions are a key reason that telephone calls from incarcerated loved ones can be financially ruinous to those who have need to communicate with clients and incarcerated loved ones.
The problem is exacerbated by other unconscionable practices, including:
·Extraordinarily high rates on “collect-only” calling policies (the most expensive means of placing a call) which predominate;
·”Service/set-up” fees (charged to customers setting up a required pre-pay account for the first time); “recharge fees” (billed when a customer reopens an account); “processing fees” - imposed either by a service provider or a third party business - for processing a customer’s payment; and the confiscation of sums remaining in an account after a specified period (3 - 6 months) of inactivity; and
·Costly “security measures” of dubious utility (such as “voice recognition software” and attenuated 3-way call detection that improperly but purposely disconnects calls to increase per-call costs and overall revenue.)
For a variety of reasons, not the least of which is the political power and influence of the industry, reform can be achieved only through a concerted effort by prisoner advocates, their clients, and the families of prisoners to demonstrate the scope of the problem and the implicit political ramifications of favorable action. The petition we have signed is an excellent example of the kind of concerted action that is required.
But there’s something more you can do that will have an even greater impact. Write to the Federal Communications Commission to demand that the FCC: (1) establish a comprehensive, fair rate on both intra-state and inter-state prisoner calls; (2) ensure that the established rates cover legitimate costs and provide a reasonable rate of return so that economically viable service providers can continue to serve prisoners and their families; (3) require calling options that include collect, pre-paid, and debit calls; (4) eliminate “commissions;” (5) foreclose alternative means to unjustifiably inflate the cost of prisoner phone calls; and (6) defer to state public utilities commissions to address requested cost adjustments. The proposal has garnered substantial support from a wide range of organizations and individuals.[1]
Filing a commet with the FCC isn’t hard and it doesn’t take long. Detailed, simple to follow instructions (containing screen shots) can be found at www.HamdenConsulting.com/CallToAction.html. That site also contains links to key talking points, a sample letter, and an explanation of how to file your comment electronically (and thereby avoid the delay of Homeland Security inspections). Filing your comment will cost you nothing more than your time, which should involve 30 - 45 minutes (depending on how much you want to say).
I can’t begin to convey how important your involvement can be. If we truly wish to bring about the reform of the prison phone industry, regulation will be required (since we know the phone corporations will not willingly forego the millions and millions of dollars they reap each year). The FCC has the power and the authority to regulate this industry, but an understanding of the scope of the problem and knowledge that there is broad support for reform are required. I hope we can count on you to let the FCC know about the abusive practices of the prison phone companies. Let’s get together and bring this exploitation to an end!
Thank you for your interest in this matter, and for your courage in taking a stand. Best wishes.
[1] The American Bar Association (representing some 400,000 lawyers), the National Association State Utilities Consumer Advocates (representing members in 40 states), and the National Legal Aid and Defender Association (representing some 700 programs and 1200 lawyers) have all explicitly endorsed the 29 October 2008 proposal for a comprehensive resolution of these issues. The proposal has also been supported by t he Public Defender for the Eleventh Judicial District of Florida (whose 180 attorneys defend about 100,000 indigent clients each year), the D.C. Office of the People’s Counsel, the Brennan Center for Justice, and about a dozen private citizens and consumers.
Comments
By Raymond Shuler on November 12th, 2009 at 8:02 am
I agree 1,000%!!!!!! Something HAS to be done to correct this HUGE problem. Thank you. ray