Attorney General Bonta Calls for Review of Delay of FCC Order Capping the Cost of Phone and Video Call Rates for Incarcerated People and Their Families

Delay in implementation halts important public safety reform

OAKLAND - California Attorney General Rob Bonta this week joined eight attorneys general in calling for the review of the Wireline Competition Bureau's abrupt suspension of the Federal Communication Commission's (FCC) order capping the cost of phone and video call rates for incarcerated people and their families, indefinitely postponing these reforms without adequate justification. Communication services play an important role in keeping incarcerated people connected to their loved ones and support systems, ultimately reducing disciplinary actions in prison, improving the likelihood of rehabilitation, and mitigating the negative impacts of incarceration on the community. These services can be provided at a reduced cost without sacrificing accessibility or safety, as California and other states that have opted to provide these services free of charge have clearly demonstrated. Earlier this year, Attorney General Bonta and a coalition of attorneys general filed an amicus brief in support of the FCC's order.

"States like California have shown that reducing or eliminating the cost of a simple phone call only serves to enhance public safety in communities. When incarcerated people are better connected to their family - and especially their children - they can better reintegrate into their communities upon their release. Stronger communication services allow incarcerated parents to act as supportive figures to their kids - this is associated with better outcomes for children and the communities they belong to. Incarcerated people who keep in touch with their communities have a place to return to, and return to prison at lower rates than those who do not have this opportunity," said Attorney General Bonta. "Lawmakers and advocates understood the importance connection makes for public safety when Congress passed bipartisan legislation to ensure affordable and accessible communication services for incarcerated people and their families - yet reforms are delayed. I urge the FCC to review these delays in implementation and to move swiftly to give communities across the nation the best chance at building safety, stability, and a brighter future."

BACKGROUND

Communication services in carceral settings have long been recognized as essential to successful rehabilitation. However, they have historically been provided at significant cost to the user, causing many people to incur thousands of dollars in debt and sacrifice basic needs, such as food or utility payments, to stay connected to their loved ones in correctional facilities. The high cost of staying in touch with incarcerated family members leads more than one in three families to go into debt to pay for phone calls and visits.

THE ORDER

The FCC first addressed this issue in 2015, issuing rate caps for calling services and prohibiting correctional facilities from taking a commission. After a court vacated these reforms, Congress enacted the Martha Wright-Reed Act in 2022, expressly authorizing the FCC to regulate these communications services.

In September 2024, the FCC issued a new order that, among other things: (1) lowers the maximum rates correctional facilities can charge for phone calls and video communications; (2) establishes rate caps, for the first time, of video communication services; (3) eliminates ancillary fees; and (4) prohibits commissions to correctional facilities. Under the new rate caps, the cost of a 15-minute phone call would drop from as much as $11.35 to $0.90 in large jails and from $12.10 to $1.35 in small jails. While state prisons and juvenile detention facilities in California are already required to provide free phone calls under the Keep Families Connected Act of 2022, local adult jails and federal prisons within the state are not. The FCC's order would hold local adult jails and federal prisons to a similar standard, meaning that fees for communication services will be greatly reduced or eliminated.

THE DELAY

In the amicus brief, the attorneys general argue that the Bureau's suspension of the FCC's order violates Congress's mandate that these reforms be implemented within 24 months of the Martha Wright-Reed Act of 2022 and fail to comply with required notice and comment rulemaking, ignoring critical issues and evidence in the record and violating the Bureau's own regulations. The attorneys general urge the FCC to review the suspension order to ensure that these critical reforms can become effective on the timeline prescribed by Congress and previously established by the FCC without further delay.

In submitting the letter, Attorney General Bonta joins the attorneys general of Massachusetts, Illinois, Maryland, Minnesota, New Jersey, New York, and Rhode Island.

A copy of the letter can be found here.