Universal Telephone Service
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Families Boycotting State Prison Phone Service
Rates and Charges for Telephone Calls from Inmates
For many years, inmates of jails and correctional institutions had extremely limited telephone service to make collect telephone calls to a restricted list of specified friends and relatives. Typically there was occasional access to a specialized payphone. Modern advances in technology resulted in automation and improved efficiency in accounting for inmate calls, monitoring and recording conversations for security and law enforcement purposes, restricting the list of numbers which any particular inmate may call, and preventing fraudulent or criminal schemes. Jail and prison administrators began to see telephone service as a reward for good behavior and as a source of revenue for their agencies. Also, because most inmates sooner or later return to their communities, the maintenance of communication with family is seen as a generally positive influence for the inmate’s reintegration in the larger society after release.
Inmate telephone service is now a very competitive industry that advertises its services to institutional administrators. Despite competition and reduced costs of service due to automation, the rates and charges that must be paid by persons receiving the calls from inmates are very high. Much of the inmate population comes from low income families, and thus the high cost of telephone service is a significant burden to many families that would like to maintain regular contact through telephone conversations with an incarcerated spouse, child, sibling or friend, often at a distant prison. In many instances, the cost is so high that otherwise welcome calls must be blocked or refused; in other cases, persons with limited incomes endure significant financial hardship paying for calls they really cannot afford.
A major reason for the high rates for those who pay for the calls is that institutions select winning bids for inmate telephone service on the basis of the vendor’s promise to provide of commission revenue to the institution. Commissions from 20% to 60% are common. News reports have indicated that in New York, the state earns $20 million per year in commissions on telephone charges to recipients of calls from state prison inmates.
In reviewing the reasonableness of rates for calls from inmates, some regulators have allowed rates that are equal to or less than the most expensive operator assisted collect calls from payphones. Those rates, however, are inapplicable to the highly automated inmate telephone systems, and are often avoidable. Recipients of calls from inmates, however, have no alternative choice of telephone service provider.
Jurisdiction over the rates for telephone calls from inmates is split between federal and state jurisdictions. The Federal Communications Commission (FCC) in recent years has issued several orders dealing with inter-state aspects of charges to recipients of inmate telephone calls, but has declined to take action to reduce the charges. Efforts to allow the long distance portion of the service be provided by the receiver’s chosen long distance provider (“Billed Party Preference”) failed to gain approval at the FCC in the mid-1990's. The FCC has indicated there is a greater role for state commissions in this area. State public utility commissions may approve contract rates for local and intra-state call service.
To date, court litigation by persons paying the high rates have generally not succeeded. Several legislatures have considered elimination or reduction of the commissions from inmate telephone service. The high cost of collect calls from inmates affects a significant number of people who are now organizing to bring about change.
PULP is maintaining this webpage to cover news and legal developments on this issue. For further information, contact PULP at
info@pulp.tc http://www.pulp.tc/html/inmate_phones.html