The two largest prison phone companies, mislead correctional facilities and federal regulators by acting like communications technology is stuck in the 1950s.
by Peter Wagner,
February 11, 2014
Today is a historic day: the Federal Communications Commission’s new rules take effect that cap the cost for inter-state calls home from prison and jail at a still-expensive but much-improved rate of 21 to 25 cents per minute. The FCC is exploring expanding its regulation to apply to the bulk of calls which are in-state in nature, and other important proposed restrictions have been stayed by the federal courts while prison telephone giants like Securus and its corporate allies sue the federal government for daring to end the industry’s monopolist price gouging.
As we’ve demonstrated in several lengthy reports and filings to the FCC, the high cost of phone calls from prison is driven by a kickback system in which private companies get monopoly contracts in exchange for sharing the majority of the revenue with the same correctional agency that awarded the contract.
So while Securus sues to protect its windfall profits off the backs of families, I’d like to point out just how far out of step rates like $1/minute are in a world of modern electronic communications.
Contrary to what the phone companies would have you believe, important security technology isn’t what’s driving the cost of these calls. In fact, a call home from New York State prisons costs 4.8 cents a minute because that state refuses kickbacks and negotiates the contract on the basis of the lowest cost to the consumer. But the very same company charges close to $1/minute in other states. As we’ve said again and again, it’s all about the profit.
But aside from the contemporary arbitrariness of the charges in this industry, taking a look at the historical perspective sheds some additional light on why the FCC has to drag this industry kicking and screaming into the 21st century. You see, Securus and Global Tel*Link, the two largest prison phone companies, mislead correctional facilities and federal regulators by acting like it’s still the 1950s, when transmitting a long-distance call was a deeply expensive and laborious manual process.
Why do most prison and jail phone contracts assume that a long distance call requires an army of telephone operators like the ones in this photo from 1919?
The phone companies profit by pretending it’s the 1950s.
Download (1.5MB, 1:30)
Check out this radio dramatization from Dragnet of a long distance call in 1954. That tedious 1 minute 22 second process wasn’t much better than the very first inter-continental telephone call in 1919, which took 5 operators 23 minutes to connect Alexander Graham Bell with his former assistant Thomas Watson. Fortunately technology has vastly improved since then, and these days prison and jail telephone companies sell digital communications products for which distance is simply not a factor. These companies know, however, that it’s in their best interest to leave sheriffs in the dark about these 21st century technological advances. With the possible exception of some of the smaller companies that are pushing one-size-fits-all “postalized” rates, the phone corporations don’t appear to be lifting a finger to educate the sheriffs about the real cost of the telephone services being contracted.
The industry’s lack of transparency about the actual cost of providing telephone service is quite similar to its practice of hiding fees, which we discussed in detail in our second report. Essentially, the phone industry rakes in additional profit by tacking on extra fees and hiding them from the commission system. As a result, the sheriffs are led to believe that they have negotiated a good deal with the phone company, but the hidden fees preserve far more profit for the industry than it lets on. That’s why our report included an appendix with questions that the sheriffs should ask about fees when negotiating these contracts.
So, at the end of the day, how far out of whack is a $1 a minute phone call? We did some research to figure out the last time a regular U.S. long distance phone call cost $1 per minute. Adjusting for inflation, a call hasn’t cost that much since 1950:
Peter Wagner will discuss the hidden costs of mass incarceration on 2/10.
by Leah Sakala,
February 6, 2014
Western New England University has released a press release detailing Peter’s upcoming Clason Speaker Series talk, “Overdosing on prisons: Tackling the side effects of the United States’ globally unprecedented use of the prison” this Monday, February 10th:
Wagner will discuss the hidden costs of mass incarceration for our democracy, our economy, and public safety. A 2003 graduate of the Western New England University School of Law, Wagner co-founded the Prison Policy Initiative in 2001, building an independent study project into a national movement against prison gerrymandering. His efforts have led to new legislation in four states including Maryland, where the law he helped write was affirmed by the United States Supreme Court. Wagner’s work has been featured in hundreds of newspapers nationwide, winning editorial endorsements for criminal justice reform from such publications as The New York Times> and the Boston Globe.
This lecture is free and open to the public. Hope to see you there!
Mark your calendars and RSVP today!
by Leah Sakala,
February 6, 2014
Hey Western Massachusetts-area friends, mark your calendars and RSVP today for an opportunity next Tuesday evening to meet and network with some awesome local advocates and organizations working towards more fair and effective justice policy, including:
- American Friends Service Committee
- ARISE
- Baystate Health
- Civil Liberties and Public Policy Program
- Communities for Restorative Justice
- EPOCA
- Hampshire Students Against Mass Incarceration (SAMI)
- Justice for Ayyub
- Justice for Pioneer Valley
- Just Schools Project
- Mount Holyoke College Students Against Mass Incarceration (SAMI)
- Out Now
- The Performance Project
- Prison Birth Project
- Prison Legal News
- Prison Policy Initiative
- Real Cost of Prisons Project
- Robert F. Kennedy Children’s Action Corps
- Rosenberg Fund for Children
- Springfield Institute
- Tranzmission Prison Project
- UMass Students Against Mass Incarceration (SAMI)
- Western Mass. Jobs with Justice
- Western Mass Recovering Learning Community
The Prison Policy Initiative is co-organizing this event with the Prison Birth Project, and here are the details:
When: Tuesday, February 11th 2014 from 6-7:30 PM
Where: Peace Development Fund Office, 44 N. Prospect St. Amherst, MA
What: Pizza, conversation, and one-minute introductions from each organization
Hope to see you there!
Sarah advocates tirelessly to improve our criminal justice system, including working on projects to end prison gerrymandering and remove barriers to participation in our democratic process.
by Leah Sakala,
February 5, 2014
The Minnesota Women’s Press has published a wonderful profile of Sarah Walker, Prison Policy Initiative board member and founder of the Minnesota Second Chance Coalition.
Sarah tirelessly advocates to improve our criminal justice system, and her work includes projects to end prison gerrymandering, remove barriers to participation in our democratic process, promote gender-responsive justice policy, and overcome harmful racial disparities.
Congratulations, Sarah!
We asked The New York Times consumer protection columnist the Haggler to investigate the broken prison phone industry. He did!
by Leah Sakala,
February 3, 2014
We asked The New York Times consumer protection columnist David Segel (AKA “the Haggler”) to look into the outrageous charges that families are forced to pay to speak on the phone with incarcerated loved ones.
And he did! Peter’s letter and the Haggler’s investigation were printed in yesterday’s paper.
Jennifer Sellitti, Deputy Public Defender in Essex County, NJ, shares her thoughts on her work and why she joined our board.
by Leah Sakala,
February 3, 2014
We are thrilled to begin a blog series introducing several accomplished new members of the Prison Policy Initiative board! We spoke with each of them about their important work and thoughts on the Prison Policy Initiative.
First up, Jennifer Sellitti, who is Assistant Deputy Public Defender in Essex County, New Jersey.
Why did you decide to join the PPI board?
Jennifer Sellitti: Although I currently work as a criminal defense attorney, I began my career in prisoners’ rights. I guess you could say that the mission of prison reform has been and always will be in my professional blood. It is unacceptable to me that what passes for justice in this country is a broken, unrelenting, and soulless system of mass incarceration. I am honored to be a part of an organization that not only brings attention to some of the most pressing issues in prison reform but also leads the way in proposing groundbreaking solutions to the American prison crisis.
What does your work focus on? And what’s the connection between that work and PPI?
JS: As an assistant deputy public defender for the State of NJ, my work focuses on the criminal defense of indigent people accused of felonies in the NJ Superior Court. In my experience, busy criminal defense attorneys often forget that our clients live with the repercussions of their cases long after the case is resolved and the file is closed. Whether our clients go to prison, spend time on probation, or go back into their communities, their lives will be forever impacted by the choices their attorneys help them make. Through my work at PPI, I hope to spread the message to my colleagues in the criminal defense bar that we should be just as concerned about broader legal issues as we are about individual cases. These issues include prison conditions, attorney and family access, sentence enhancements, solitary confinement, provision of rehabilitative programs and other concerns that directly impact both the quality of life and the futures of our clients and their families.
What do you think is most unique about the Prison Policy Initiative and the projects it takes on?
JS:This is not your parents’ prison reform. By that I mean what makes PPI unique is that, unlike other prisoners’ rights organizations, it does not try to tackle every issue in criminal justice reform at the same time. It takes a more tailored, surgical approach that maximizes resources and organizational efficiency. By focusing on key areas – such as prison gerrymandering, high rates of prison and jail telephone calls, and sentence enhancement zones – PPI can make a tremendous impact and see results in a shorter amount of time.
What’s something that you wish more people knew about the Prison Policy Initiative?
JS: PPI Executive Director Peter Wagner and I began our careers together as student interns at the same prisoners’ rights organization. I have many fond memories of our talks, most of which took place in prison waiting rooms, about our plans to take on the justice system in our own distinct ways. Peter was passionate about bringing attention to “prison gerrymandering,” his discovery that the size of the prison population was combining with an outdated Census Bureau rule to undermine electoral fairness. When we reconnected recently, I was amazed to see how Peter’s idea has transformed PPI from a law student’s dream into one of the nation’s leading criminal justice policy organizations. What did not surprise me is that Peter still has the same passion, energy and enthusiasm for the work that he did all those years ago and that same zeal is now reflected in his talented staff and my fellow board members.
We submitted additional comments to the FCC confirming more kickbacks, and urging the FCC to keep protections in place for people in jail.
by Aleks Kajstura,
January 15, 2014
The prison and jail phone industry has been busy recently, urging the Federal Communications Commission to roll back regulations and allow companies to charge exorbitant rates and fees for calls. Meanwhile, we’ve submitted a few comments of our own, highlighting bloated payment fees and showing that phone services in jails require regulation just like in the prisons.
Although we, and the FCC, have suspected that phone companies take a cut of the fees charged by third party payment services such as Western Union, we were finally able to confirm the practice. On Monday we submitted a comment that documents the kickbacks from Western Union.
The FCC also sought additional information on the differences between jails and prisons, and whether the new phone regulations should protect people from unconscionable prices no matter where they, or their family members, are incarcerated. We demonstrated the industry’s inability to articulate a good reason to roll back regulations of jail phone services, and we urged the FCC to continue its protection for people confined in jails.
We also signed on to reply comments, along with Martha Wright, et. al, The D.C. Prisoners’ Legal Services Project, CURE, and the Campaign for Prison Phone Justice, urging the FCC to regulate fees, in-state calling, as well as tackling other issues.
Show your support for our work with some PPI gear.
by Leah Sakala,
January 15, 2014
Looking for a new way to proudly show your support for our work to end mass incarceration?
You can now sport a snazzy new Prison Policy Initiative t-shirt (like Elena, at right), spread the word with a bumper sticker about ending prison gerrymandering, or stick a PPI pin on your backpack or magnet on your fridge.
Place your order today!
Court orders stay on some of the FCC's new prison phone regulations, but caps on call rates still go into effect on February 11th.
by Aleks Kajstura,
January 14, 2014
Recently, prison phone companies took the FCC to court for the right to charge the families of incarcerated people exorbitant rates for talking to their loved ones in prison. (Securus Technologies v. FCC and United States of America (D.C. Cir. Docket No. 13-1280)). Yesterday, the U.S. Court of Appeals granted a partial stay of the FCC’s new prison phone regulations, but allowed the new rate caps to take effect on February 11.
Communications Daily reports that the Court
kept in place the interim rate cap of 21 cents per minute for debit and prepaid calls, and 25 cents a minute for collect calls. It put on hold three other sections of the FCC’s rules: the requirement that rates and ancillary services be “cost-based”; low safe-harbor rates that presume charges are reasonable; and the annual reporting requirement.
The article quotes Peter Wagner’s analysis of the order:
It is important that the court left intact the most important and immediate of the FCC’s reforms… [b]ut I’m disappointed that the court stayed three sections of the FCC’s order, including the section that reined in the fees….Those fees can double the price of a call…. With new fairer rates, Global Tel*Link will make far more from deposit fees than from multiple 15-minute calls.
Several FCC commissioners were also disappointed in the ruling, but optimistic. Chairman Tom Wheeler, Commissioner Mignon Clyburn, and Commissioner Jessica Rosenworcel issued a joint statement highlighting how even having the partial regulation remain in effect is still a significant stride toward more reasonable phone bills:
We are pleased that millions of families will finally see relief from outrageous rates for inmate calling services when the interim rate caps… go into effect in February 2014. These families have been forced to pay exorbitant rates for far too long. Although we are disappointed that the court granted a partial stay on other aspects of the Inmate Calling Services Order, we look forward to a hearing on the merits soon, and to adopting further reforms quickly.
We are among the organizations intervening in the lawsuit, stay tuned for updates!
Lots of local folks are doing great work to end mass incarceration, and we'd like to create a space where we can connect with each other and strengthen our work.
by Leah Sakala,
January 9, 2014
We are co-organizing, with the Prison Birth Project, a meet and greet event for criminal justice-focused organizations and advocates in Western Massachusetts. Lots of local folks are doing great work to end mass incarceration, and we’d like to create a space where we can connect with each other and strengthen our work.
When: Tuesday, February 11th 2014 from 6-7:30 PM
Where: Peace Development Fund Office, 44 N. Prospect St. Amherst, MA
What: Pizza, conversation, and one-minute introductions from each organization
If you plan to attend, please RSVP so that we can order pizza, arrange childcare, print name tags and make a participant list that we can share with the other attendees.
We’d like to build as many connections as possible, so please forward this information and the RSVP link to any Pioneer Valley advocates who might be interested.
Let us know if you have any questions, and we hope to see you there!
Why do most prison and jail phone contracts assume that a long distance call requires an army of telephone operators like the ones in this photo from 1919?
