Chalk one up for prison telecoms — and against inmates’ family members — courtesy of Trump’s FCC. On Monday, the agency said (via The Verge) it would delay enforcement of a 2024 action aimed at capping prison phone call fees. The rules are now scheduled to take effect in April 2027.
FCC Commissioner Anna M. Gomez criticized the agency’s move in a statement. “Today, the FCC made the indefensible decision to ignore both the law and the will of Congress,” she wrote.
Prison phone call fees vary dramatically by state. Last year, the FCC said rates for large jails could reach as high as $11.35 for a 15-minute audio call. Meanwhile, family members calling smaller jails could pay as much as $12.10 for the same period. The rates in other states are much lower, and some have passed laws capping fees.
The fees collected from the families and friends of inmates often include kickbacks to jails and local governments. In 2021, Business Insider reported (via The Verge) that the prison phone call industry raked in $1.4 billion annually. And it’s a system that disproportionately affects women and people of color.
The FCC’s history of regulating those rates is… all over the place. In 2013, the agency capped state-to-state fees. It later tried to limit within-state rates, but a federal court blocked the move. Former FCC Chair Ajit Pai, Trump’s first-term appointee, chose not to appeal that decision.
Then, a new administration brought about another shift. Under Jessica Rosenworcel’s leadership, the FCC again moved toward capping the fees. In 2023, former President Biden signed legislation clarifying that the FCC indeed has the authority to regulate them. Last year, the FCC adopted the order establishing the details of those rate caps. It seemed as though the book was about to be closed.
And then, Donald Trump returned to office. That brings us back to today, with current FCC Chairman Brendan Carr issuing the two-year delay. He cited “negative, unintended consequences” from the 2024 order. He claimed that the rate caps were too low to cover the cost of safety measures. Carr said the delay would allow local and state governments to explore alternative funding sources.
FCC Commissioner Gomez painted her colleagues’ decision as a flagrant attempt to evade the law. “Rather than enforce the law, the Commission is now stalling, shielding a broken system that inflates costs and rewards kickbacks to correctional facilities at the expense of incarcerated individuals and their loved ones,” she wrote. “Instead of taking targeted action to address specific concerns, the FCC issued a blanket two-year waiver that undercuts the law’s intent and postpones meaningful relief for millions of families. This is a blatant attempt to sidestep the law, and it will not go unchallenged in court.”
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