Martha Wright-Reed Just and Reasonable Communications Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1764 To amend the Communications Act of 1934 to require the Federal Commu- nications Commission to ensure just and reasonable charges for telephone and advanced communications services in correctional and detention fa- cilities. 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 Trans- portation 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 commu- nications services in correctional and detention facilities. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Martha Wright-Reed 4 Just and Reasonable Communications Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 20:35 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1764.IS S1764 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1764 IS (1) Prison, jails, and detention centers in the 1 United States have unique telecommunications needs 2 due to safety and security concerns. 3 (2) Unjust and unreasonable charges negatively 4 impact the safety and security of communities in the 5 United States by exacerbating recidivism by dam- 6 aging relationships between incarcerated people and 7 their support systems. 8 (3) It is the policy of the United States to en- 9 sure that all people in the United States, including 10 anyone who pays for communications with incarcer- 11 ated people via telephone and advanced communica- 12 tions, are afforded just and reasonable charges for 13 all communications services. 14 (4) The current correctional facilities commu- 15 nications market suffers from market failure. Among 16 other issues, consumers cannot choose among com- 17 peting providers, which produces locational monopo- 18 lies and monopoly profits at the expense of rate-pay- 19 ers. 20 (5) Charges for communicating with individuals 21 detained in prisons, jails, and detention centers have 22 been shown to be unjust and unreasonable as a re- 23 sult of industry practices and lack of competition. 24 VerDate Sep 11 2014 20:35 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1764.IS S1764 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1764 IS (6) Unjust and unreasonable charges extend to 1 telephone and advanced communications services 2 and to both intrastate and interstate communica- 3 tions. 4 (7) Mrs. Martha Wright-Reed of Washington, 5 DC, led a campaign for just calling rates for incar- 6 cerated people for over a decade. Mrs. Wright-Reed 7 was the lead plaintiff in Wright v. Corrections Cor- 8 poration of America, CA No. 00–293 (GK) (D.D.C. 9 2001), which ultimately led to the Wright Petition 10 at the Federal Communications Commission, CC 11 Docket No. 96–128 (Nov. 3, 2003). Mrs. Wright- 12 Reed became involved, when, as a grandmother, she 13 was forced to choose between purchasing medication 14 and communicating with her incarcerated grandson. 15 Mrs. Wright-Reed passed away on January 18, 16 2015, before fully realizing her dream of just com- 17 munications rates for all people. 18 (8) After the Federal Communications Commis- 19 sion granted the petition Wright Petition described 20 in paragraph (7), the United States Court of Ap- 21 peals for the District of Columbia Circuit reversed 22 the Federal Communications Commission by inter- 23 preting section 276 of the Communications Act of 24 1934 (47 U.S.C. 276) in the case of Global 25 VerDate Sep 11 2014 20:35 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1764.IS S1764 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1764 IS Tel*Link v. Federal Communications Commission, 1 866 F.3d 397 (D.C. Cir. 2017), in part by con- 2 stricting the meaning of the word ‘‘fair’’ and lim- 3 iting the means by which the Federal Communica- 4 tions Commission can calculate fair, just, and rea- 5 sonable charges. 6 SEC. 3. TECHNICAL AMENDMENTS. 7 (a) IN GENERAL.—Section 276 of the Communica- 8 tions Act of 1934 (47 U.S.C. 276) is amended— 9 (1) in subsection (b)(1)(A)— 10 (A) by striking ‘‘per call’’; 11 (B) by inserting ‘‘, and all charges are just 12 and reasonable,’’ after ‘‘fairly compensated’’; 13 (C) by striking ‘‘each and every’’; and 14 (D) by striking ‘‘call using’’ and inserting 15 ‘‘communications using’’; and 16 (2) in subsection (d), by inserting ‘‘and ad- 17 vanced communications services’’ after ‘‘inmate tele- 18 phone service’’. 19 (b) DEFINITION OF ADVANCED COMMUNICATIONS 20 SERVICES.—Section 3(1) of the Communications Act of 21 1934 (47 U.S.C. 153(1)) is amended— 22 (1) in subparagraph (C), by striking ‘‘and’’ at 23 the end; 24 VerDate Sep 11 2014 20:35 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1764.IS S1764 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1764 IS (2) in subparagraph (D), by striking the period 1 at the end and inserting ‘‘; and’’; and 2 (3) by adding at the end the following: 3 ‘‘(E) any audio or video communications 4 service provided at a correctional institution, re- 5 gardless of technology used.’’. 6 (c) APPLICATION OF THE ACT.—Section 2(b) of the 7 Communications Act of 1934 (47 U.S.C. 152(b)) is 8 amended by inserting ‘‘section 276,’’ after ‘‘sections 223 9 through 227, inclusive,’’. 10 SEC. 4. IMPLEMENTATION. 11 (a) RULEMAKING.—Not later than 18 months after 12 the date of enactment of this Act, the Federal Commu- 13 nications Commission shall promulgate any regulations 14 necessary to implement this Act and the amendments 15 made by this Act. 16 (b) USE OF DATA.—In implementing this Act and 17 the amendments made by this Act, including by promul- 18 gating regulations under subsection (a) and determining 19 just and reasonable rates, the Federal Communications 20 Commission may use industry average costs and collect 21 and analyze such data as the Commission determines nec- 22 essary. 23 Æ VerDate Sep 11 2014 20:35 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1764.IS S1764 pamtmann on DSKBFK8HB2PROD with BILLS