Prison Families Ripped Off Across the U.S. for Phone Calls from Prisons!

I write today to ask your help. As you may know prison telephone service providers are ripping off families, friends and lawyers of prisoners, not just in your community or state, but across the country! There is a pending FCC proceeding that may provide the perfect vehicle for reigning-in outrageous prison phone practices. You may know about some of the unconscionable practices of prisoner telephone providers, which include:

The payment of "commissions" as high as 60% to correctional facilities for the right to provide exclusive telephone services (i.e., a monopoly) in an institution or for an entire system;

Extraordinarily high rates on "collect-only" calling policies which predominate (the most expensive means of placing a call);

"Service/set-up" fees (charged to customers setting up a required pre-paid account for the first time); "recharge fees" (billed when a
customer reopens an account); "processing fees" - imposed either by a service provider or a third party business - for processing a customer's payment; and the confiscation of sums remaining in an account after a specified period (3 - 6 months) of inactivity;

Attenuated 3-way call detection that improperly but purposely disconnects calls to increase per-call costs and overall revenue; and

Costly "security measures" of dubious utility (such as "voice recognition software.")

You may also know that funds generated from such contracts are used either to provide prison or jail programs and services that are the
responsibility of government, or they are deposited into general revenue coffers of public treasuries. In either case, the practice amounts to the imposition of a tax upon the families of prisoners. Many of those families are among the least affluent and most vulnerable members of our society.

Please consider filing a comment with the FCC. To be persuasive, your comment need not be lengthy or take very much time. A proposal I submitted on 29 October 2008 outlined practical measures that can end those abuses while preserving the ability of the pay-phone industry to make a reasonable return and remain financially viable.

There is a growing consensus that comprehensive remedial action is required, rather than half measures. The American Bar Association, the National Association of State Utilities Consumer Advocates, and the Public Defender for the Eleventh Judicial District of Florida have all explicitly endorsed the 29 October 2008 proposal for a comprehensive resolution of these issues. That proposal has also been supported by the D.C. Office of the People’s Counsel, the Brennan Center for Justice, and about a dozen private citizens and consumers.

Obviously, it would be immeasurably helpful if you were able to endorse that October proposal, point-by-point, which asks the FCC to establish a comprehensive, fair per-minute benchmark rate (derived from the lower rates outlined in an industry study - the Wood Report) for all intra-state and inter-state prisoner collect, pre-paid, and debit telephone calls that covers legitimate costs, provides a reasonable rate of return to prison phone providers, eliminates "commissions," forecloses alternative means to unjustifiably inflate the cost of prisoner phone calls, and defers to state public service commission’s to address requested cost adjustments – all toward the end of providing fair and reasonable rates for the widest possible range of prisoner-initiated telephone calls.

Although few people are familiar with FCC procedures or telecommunications law, you could easily write and submit a substantive comment in about a half hour. (Of course, you might wish to delve into factual details, policy arguments, or similar matters that could lengthen your time commitment.) All of the information and materials you will need are accessible at www.HamdenConsulting.com/CallToAction. Among these materials are a listing of key points, a sample letter, links to important filings, and easy, step-by-step instructions for filing electronically that include screen-shots. In addition, I am available to answer any questions that may arise.

After a 15-year campaign, I feel certain that the FCC is preparing to issue a final order at any time. The position you or your organization takes in this proceeding will certainly be influential, and possibly determinative. But time is of the essence; speaking of which, I very much appreciate your consideration of this matter and all the support you can offer. Best wishes in the meantime.
- Michael

Michael S. Hamden
Attorney and Counselor at Law
www.HamdenConsulting.com