BRENNAN
CENTER
FOR JUSTICE
Brennan Cemer for Jusrice
at New York University School ofLaw

161 Avenue of rhe Americas
12rh Floor
New York, New York 10013
212.998.6730 Fax 212.995.4550
www.brennancenter.org

December 4, 2008

Executive Director:
Michael Waldman

Board ofDirecto,,:

Ms. Marlene H. Dortch, Secretary
Federal Communications Commission
445 12 th Street, SW-TW_A325
Washington, DC 20554

James E. Johnson, Chair
Patricia Bauman
Nancy Brennan
Zachary W. Carter
John Ferejohn
Pe,er M. Fishbein
Gail Furman
Susan Sachs Goldman
Helen Hershkoff
Thomas M. Jo,de
RlI,h Lazarus
Paul Ligh'foo'
Burt Nellborne
Law,ence B. Pedowi,z
S,even A. Reiss
Richa,d Revesz
Crisrina Rodriguez
S'ephen Schulhofer
John Sexron
Rev. WaJ,cr J. Smi,h, S.).
Sung-Hee Suh

Re

Ex Parte Presentation (via Electronic Filing)
CC Docket No. 96-128; DA 03-4027

Dear Secretary Dortch,
The Brelman Center for Justice at NYU School of Law, counsel for the Ad
Hoc Coalition for the Right to Communicate ("Coalition"), writes to urge the
Federal Communications Conul1ission ("Commission") to take action on the
outstanding Alternative Rulemaking Proposal filed by Martha Wright et al. on
March 1, 2007. Specifically, we urge the Commission to adopt the proposals of
the Wright petition by establishing benchmark rates for long-distance calls from
incarcerated persons, with no-per call charge, and requiring prison telephone
service providers to offer debit call as well as collect call service.

Clyde A. Szuch
Adam Winkler

First, the calling service providers' own cost estimates for interstate inmate
debit and collect calls do not undercut, and even largely support, the benchmark
rates requested by the Petitioners as demonstr-ated by a review of submissions
recently provided to tIns Conmlission, including a cost study filed on behalf of
certain calling service providers, and the responses from the Petitioners and
concerned individuals including Mr. Michael Hamden. I This underscores the fact

I See Don 1. Wood, Inmate Calling Services - Interstate Call Cost Study, CC
DKT. No. 96-128 (August 15,2008), Petitioners' Ex Parte Filing, CC DKT. No.
96-128 (November 19,2008), Written Ex Parte Presentation of Michael S.
Hamden on Alternative Rulemaking Proposal Regarding Iml1ate Calling Services,
CC DKT. No. 96-128 (October 29,2009).

Ms. Marlene H. Dortch, Secretary
December 4, 2008
Page 2
that a comprehensive solution providing relief from the excessive cost of longdistance calls from prisons is achievable. Our nation's precipitous economic downturn makes clear that such a solution is now, more than ever, utterly imperative.
3

Second, as set forth in the Coalition's2 two prior submissions to the
Commission in support of the petitions filed by Martha Wright, et al., the
exorbitant cost of collect calls from incarcerated persons seriously impairs
Coalition members' ability to connect with their loved ones, provide competent
representation, and provide vitally needed social services. These are problems of
critical propOliion as permitting incarcerated individuals to remain in contact with
their available suppOli networks leads to better outcomes for those individuals both
while they are incarcerated, and when they re-enter society once their term of
incarceration is completed. 4 Stability following re-entry is also the better outcome
for society.
Third, the need for action by the Commission is extremely pressing. The
nation's economic crisis has made the cost of staying in touch with incarcerated
family members and clients even more difficult to bear. 5 The majority of
individuals incarcerated are from low-income families, and a large number of
these individuals are represented by public1y-fimded counse1. 6 As the nation's

2 The Coalition is comprised of a diverse group of over 50 individuals and
organizations that includes family members of incarcerated individuals, legal
representatives, social service providers, and groups that advocate on behalf of
people in prison and their families.
Comments of the Ad Hoc Coalition for the Right to Communicate Regarding
Petitioners' Alternative Rulemaking Proposal, CC DKT. No. 96-128 (May 2,
2007), Comments of the Ad Hoc Coalition for the Right to Communicate
Regarding Petition for Rulemaking or, in the Alternative, Petition to Address
Referral Issues in Pending Rulemaking, CC DKT. No. 96-128 (March 10,2004),
("2004 Coalition Conunents").
3

4 Prisoners who are unable to maintain contact with their families are more likely
to have disciplinary problems while in prison, less likely to secure and successfully
complete parole, and more likely to conumt another crime upon their release.
2004 Coalition Comments at 19-29, Appendix A at 10,18.

5 See, e.g., Peter Goodman, Us. Jobless Rate Hits 14-Year High, The New York
Times, November 7, 2008 (reporting 6.5% unemployment rate, and loss of 1.2
million jobs in the country in the past year).

See Christopher 1. Mumola, Incarcerated Parents and Their Children, U.S.
Department of Justice, Bureau of Justice Statistics, 1999; Stephen K. Smith, Carol

6

Ms. Marlene H. Dortch, Secretary
December 4, 2008
Page 3
jobless rate increases and expenses rise, family members - often too far fi-om
loved ones to visit - are forced to make harrowing choices between paying for
their only link to an incarcerated family member, paying for food, shelter and
medical treatment for those at home, or paying to communicate with their lawyers.
Public defender offices and social service providers similarly have been severely
impacted by the financial crisis. As states slash their budgets it has become
increasingly difficult to provide constitutionally mandated indigent defense
services in criminal cases. 7 Non-profits are also being forced to scale back their
operations in the face of shrinking endowments and expected declines in charitable
giving. 8 Legal and social service providers can either reject collect calls from their
clients given the expense, or pay for collect calls out of badly needed funds that
could be put to better use by serving the growing number of individuals in dire
need of assistance.
The urgent need for the Commission to provide relief from the excessive
cost of long-distance collects calls from prisons can not be overstated. ow is the
time for action.
In accordance with Section l.l206(b)(1) of the Commission's rules, a copy
of this presentation is submitted for inclusion in the record of the above-captioned
docket. Please feel free to contact the undersigned with any questions.

::s~mj~
Melanca Clark
Laura Abel
Counsel for the Ad Hoc Coalition for the Right to CommlUlicate
Brem1an Center for Justice at New York University School of Law
161 Avenue of the Americas, 1ih Floor
New York, New York 10013
(212) 992-8639
1. DeFrances, Indigent Defense, U.S. Department of Justice, Bureau of Justice

Statistics, 1996.
See Scott Michels, Facing Budget 'Crisis, ' Public Defenders May Refitse Cases,
ABC News, June 13,2008 (stating that public defenders are lUlder extraordinary
strain and have been forced to fire or furlough attorneys and rej ect cases due to
budgetary constraints).

7

See Phillip Rucker, Less in Hand to Offer, Washington Post, November 23,2008
(reporting that non-profit organizations have trimmed overhead costs, instituted
hiring freezes, and are considering cuts in services in an attempt to remain solvent
in the face of the economic downturn).
8

Ms. Marlene H. Dortch, Secretary
December 4, 2008
Page 4

cc:

Chainnan Kevin J. Martin
ConIDlissioner Jonathan S. Adelstein
Commissioner Michael J. Copps
Commissioner Robert M. McDowell
Commissioner Deborah Taylor Tate

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