Sec. 7. Restrictions on the provision of inmate telephone and video service
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Section 226(a) of the Communications Act of 1934 ( 47 U.S.C. 226(a) ) is amended by adding at the end the following: The term ancillary fee includes any charge or fee that is imposed on a user of inmate telephone and video service in addition to the per-minute rate and connection charge. The term collect or collect call means a telephone call or video call from a person incarcerated in a correctional institution that is billed to the subscriber receiving the call. The term commission means a fee or other payment by a provider of inmate telephone and video service to an administrator of a correctional institution, department of correction, or similar entity, based upon, or partly upon, inmate telephone and video service revenue.
The term debit account means the payment of inmate telephone and video service through a prepaid card or other account of a prisoner, which can be accessed only through an access code, personal identification number, or similar identifier. The term inmate telephone and video service includes the provision of telephone and video service enabling persons incarcerated in correctional institutions to originate calls at payphones, telephones, or video kiosks that are designated for the personal use of prisoners, regardless of whether the calls are collect, paid through a debit account, or paid through any other means.
The term provider of inmate telephone and video service means any common carrier that provides inmate telephone and video service or any other person determined by the Commission to be providing inmate telephone and video service. . Section 226 of the Communications Act of 1934 ( 47 U.S.C. 226 ) is further amended— by redesignating subsection
(i)as subsection (k); and by inserting after subsection
(h)the following: In order to ensure that charges for inmate telephone and video service are just, reasonable, and nondiscriminatory, not later than 1 year after the date of enactment of the Justice is Not For Sale Act of 2017 , the Commission shall adopt regulations on the use of inmate telephone and video service that— prescribe a maximum uniform per-minute compensation rate; prescribe a maximum uniform service connection or other per-call compensation rate; prescribe variable maximum compensation rates depending on such factors as carrier costs, the size of the correctional facility served, and other relevant factors identified by the Commission; require providers of inmate telephone and video service to offer both collect calling and debit account services; address the payment of commissions by providers of inmate telephone and video service to administrators of correctional institutions, departments of correction, and similar entities by— prohibiting such payments; or limiting commission payments; require administrators of correctional institutions, departments of correction, and similar entities to allow more than 1 provider of inmate telephone and video service to provide inmate telephone and video service at a correctional institution so that prisoners have a choice of such providers; and prohibit or substantially limit any ancillary fees imposed by a provider of inmate telephone and video service on a user of the service. The regulations adopted by the Commission under this subsection— shall be technologically neutral; and shall not jeopardize legitimate security and penological interests. To the extent the regulations adopted by the Commission under this subsection reduce or eliminate the revenue derived by administrators of correctional institutions, departments of correction, and similar entities from the receipt of commissions, such effects of the regulations shall not be considered to be jeopardizing or otherwise affecting legitimate security or penological interests. The Commission shall review, on a biennial basis, the regulations adopted under this subsection, including to determine whether any compensation rates established by the Commission should be modified. To the extent that any State, local government, or private correctional facility requirements are inconsistent with the regulations of the Commission affecting or pertaining to inmate telephone and video service, including restrictions on the payment of commissions based upon inmate telephone and video service revenues or earnings, the regulations of the Commission on such matters shall preempt the State, local government, or private correctional facility requirements. Inmate telephone and video service shall be fully subject to the requirements of sections 201, 205, 251, 252, and 276. A provider of inmate telephone and video service may not block or otherwise refuse to carry a call placed by an incarcerated person on the grounds that the provider has no contractual or other arrangement with the local exchange carrier serving the intended recipient of the call or other common carrier involved in any portion of the transmission of the call. .
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Sec. 7
Restrictions on the provision of inmate telephone and video service
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