FCC Shouldn’t Give Up on Reforming Inmate Phone Services

[Commentary] There is one aspect of criminal justice reform that the current administration has tragically ignored: the broken market for inmate calling services.

Inmate calling is a horribly malfunctioning system that not only adversely impacts inmates and their families, but our society as a whole. Providers of inmate calling services compete and win business not based on being the lowest-cost bidder, as is customary for most requests for proposals to governmental agencies. Rather, they win contracts based on which of them is willing to pay the most in kickbacks (they call them “commissions”) to those correctional facilities. The result is not the lowest cost service for inmates and their families, but instead, rates for phone calls that have been as high as $14 per minute.

The FCC should end the practice of picking and choosing, ignoring and punting, while an unarguably dysfunctional market regime preys on the most vulnerable. The FCC can and should adopt targeted rules to address the costs of interstate calls. States and localities can and should reform their practices to cap rates and eliminate kickbacks. And Congress can and should enact a legislative solution that provides a firm legal foundation for further inmate calling reforms. Private litigation could also attack these practices, and some lawsuits have already been filed. But policymakers should also work to help new services and technologies enter the marketplace, to increase competition and lower prices. There is no good policy reason why an inmate’s family should have to use the most antiquated and expensive systems to communicate with loved ones when viable alternatives exist. The time to act is now.