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Bill
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S. 1541 — what changed

Martha Wright-Reed Just and Reasonable Communications Act of 2022

From Reported in Senate to Engrossed in Senate. 4 sections amended between Reported in Senate and Engrossed in Senate.

Section 1 Short title

changed This Act may be cited as the “Martha Wright-Reed Just and Reasonable Communications Act of 2021”.2022”.

Sec. 2 Technical amendments

(a)
added In general— Section 276 of the Communications Act of 1934 (47 U.S.C. 276) is amended—
(1)
added in subsection (b)(1)(A)—
(A)
added by striking “per call”;
(B)
added by inserting “, and all rates and charges are just and reasonable,” after “fairly compensated”;
(C)
added by striking “each and every”;
(D)
added by striking “call using” and inserting “communications using”; and
(E)
added by inserting “or other calling device” after “payphone”; and
(2)
added in subsection (d), by inserting “and advanced communications services described in subparagraphs (A), (B), (D), and (E) of section 3(1)” after “inmate telephone service”.

removed Congress finds the following:

(b)
changed Definition of advanced communications services— Prison, jails, and detention centers in Section 3(1) of the United States have unique telecommunications needs due to safety and security concerns.Communications Act of 1934 (47 U.S.C. 153(1)) is amended—
(1)
added in subparagraph (C), by striking “and” at the end;
(2)
added in subparagraph (D), by striking the period at the end and inserting “; and”; and
(3)
added by adding at the end the following:

added “(E) any audio or video communications service used by inmates for the purpose of communicating with individuals outside the correctional institution where the inmate is held, regardless of technology used.”

(c)
changed Application of the Act— Unjust and unreasonable charges negatively impact the safety and security Section 2(b) of communities in the United States by exacerbating recidivism Communications Act of 1934 (47 U.S.C. 152(b)) is amended by damaging relationships between incarcerated people and their support systems.inserting “section 276,” after “sections 223 through 227, inclusive,”.
(3)
removed It is the policy of the United States to ensure that all people in the United States, including anyone who pays for communications with incarcerated people via telephone and advanced communications, are afforded just and reasonable charges for all communications services.
(4)
removed The current correctional facilities communications market suffers from market failure. Among other issues, consumers cannot choose among competing providers, which produces locational monopolies and monopoly profits at the expense of rate-payers.
(5)
removed Charges for communicating with individuals detained in prisons, jails, and detention centers have been shown to be unjust and unreasonable as a result of industry practices and lack of competition.
(6)
removed Unjust and unreasonable charges extend to telephone and advanced communications services and to both intrastate and interstate communications.
(7)
removed Mrs. Martha Wright-Reed of Washington, DC, led a campaign for just calling rates for incarcerated people for over a decade. Mrs. Wright-Reed was the lead plaintiff in Wright v. Corrections Corporation of America, CA No. 00–293 (GK) (D.D.C. 2001), which ultimately led to the Wright Petition at the Federal Communications Commission, CC Docket No. 96–128 (Nov. 3, 2003). Mrs. Wright-Reed became involved, when, as a grandmother, she was forced to choose between purchasing medication and communicating with her incarcerated grandson. Mrs. Wright-Reed passed away on January 18, 2015 before fully realizing her dream of just communications rates for all people.
(8)
removed After the Federal Communications Commission granted the petition Wright Petition described in paragraph (7), the United States Court of Appeals for the District of Columbia Circuit reversed the Federal Communications Commission by interpreting section 276 of the Communications Act of 1934 (47 U.S.C. 276) in the case of Global Tel*Link v. Federal Communications Commission, 866 F.3d 397 (D.C. Cir. 2017), in part by constricting the meaning of the word “fair” and limiting the means by which the Federal Communications Commission can calculate fair, just, and reasonable charges.

Sec. 3 Implementation

(a)
changed In general—Rulemaking— Section 276 Not earlier than 18 months and not later than 24 months after the date of enactment of this Act, the Federal Communications Commission shall promulgate any regulations necessary to implement this Act of 1934 (47 U.S.C. 276) is amended—and the amendments made by this Act.
(1)
removed in subsection (b)(1)(A)—
(A)
removed by striking “per call”;
(B)
removed by inserting “, and all charges are just and reasonable,” after “fairly compensated”;
(C)
removed by striking “each and every”; and
(D)
removed by striking “call using” and inserting “communications using”; and
(2)
removed in subsection (d), by inserting “and advanced communications services” after “inmate telephone service”.
(b)
changed Definition Use of advanced communications services—data— Section 3(1) of In implementing this Act and the amendments made by this Act, including by promulgating regulations under subsection (a) and determining just and reasonable rates, the Federal Communications Act of 1934 (47 U.S.C. 153(1)) is amended—Commission—
(1)
changed in subparagraph (C), by striking “and” at may use industry-wide average costs of telephone service and advanced communications services and the end;average costs of service of a communications service provider; and
(2)
changed shall consider costs associated with any safety and security measures necessary to provide a service described in subparagraph (D), by striking the period at the end paragraph (1) and inserting “; and”; anddifferences in the costs described in paragraph (1) by small, medium, or large facilities or other characteristics.
(3)
removed by adding at the end the following:

removed “(E) any audio or video communications service provided at a correctional institution, regardless of technology used.”

(c)
removed Application of the Act— Section 2(b) of the Communications Act of 1934 (47 U.S.C. 152(b)) is amended by inserting “section 276,” after “sections 223 through 227, inclusive,”.

Sec. 4 Effect on other laws

added Nothing in this Act shall be construed to modify or affect any Federal, State, or local law to require telephone service or advanced communications services at a State or local prison, jail, or detention facility or prohibit the implementation of any safety and security measures related to such services at such facilities.

(a)
removed Rulemaking— Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall promulgate any regulations necessary to implement this Act and the amendments made by this Act.
(b)
removed Use of data— In implementing this Act and the amendments made by this Act, including by promulgating regulations under subsection (a) and determining just and reasonable rates, the Federal Communications Commission may use industry average costs and collect and analyze such data as the Commission determines necessary.