California Public Utilities Commission Faces Pressure to Regulate Telecommunications Services for Incarcerated People

Strategic Insights -

The California Public Utilities Commission (CPUC) has issued a regulatory update in response to a motion filed by the Utility Reform Network (TURN), a non-profit organization advocating for affordable and accessible telecommunications services. The motion seeks to take official notice of a recent Federal Communications Commission (FCC) order, which extends deadlines for compliance with key regulations in the Martha Wright-Reed Act of 2022.

As the CPUC considers the implications of the FCC order, it must also weigh the needs of incarcerated people and their loved ones, who rely on affordable telecommunications services to stay connected. The FCC order will allow for higher caps on interstate and international voice rates and reinstate site commission payments, which could exacerbate the difficulties faced by those already struggling to access essential services.

Key Takeaways:

  • The FCC order extends deadlines for compliance with key regulations in the Martha Wright-Reed Act of 2022, allowing for higher caps on interstate and international voice rates and reinstating site commission payments.
  • The CPUC has received a motion from the Utility Reform Network to take official notice of the FCC order and to regulate telecommunications services used by incarcerated people.
  • The CPUC must consider the implications of the FCC order on IPCS users in California, including the potential impact on affordability and accessibility.
  • The motion seeks to set permanent caps on intrastate voice IPCS rates, including a cap or prohibition on site commissions, as well as initial caps for intrastate video IPCS rates.
  • The CPUC has extended the statutory deadline for the proceeding related to permanent rate caps for intrastate and jurisdictionally mixed voice IPCS.
  • The CPUC must also consider the affordability of IPCS, whether to regulate rates and fees for IPCS video calling and related services, and whether to require IPCS providers to bifurcate contracts for IPCS voice and video services.

Statistics:

  • The FCC's 2024 IPCS Order created implementing regulations for the Martha Wright-Reed Just and Reasonable Communications Act of 2022.
  • The 2025 FCC Extension Order extends deadlines for compliance with key regulations in the 2024 IPCS Order to April 1, 2027.
  • The affected key provisions of the 2024 IPCS Order include the permanent per-minute rate caps on interstate and international voice IPCS, interim per-minute rate caps for video IPCS, and the prohibition on site commission payments from IPCS providers to carceral facilities.
  • The 2025 FCC Extension Order will allow for a higher cap on interstate and international voice rates and, absent countervailing state law or regulations, will reinstate site commission payments.
  • California Senate Bill 1008 made voice calls free and barred site commission payments for California Department of Corrections and Rehabilitation (CDCR) facilities, but did not address voice calling rates or site commission payments in non-CDCR facilities.

Sources:

  • "In the Matter of Incarcerated People's Communications Services; Implementation of the Martha Wright-Reed Act and Rates for Interstate Inmate Calling Services, WC Docket Nos. 23-6 and 12-375, Order" (rel. June 30, 2025)
  • "In the Matter of Rates for Inmate Calling Services, FCC 21-60, Third Report and Order, Order on Reconsideration, and Fifth Further Notice of Proposed Rulemaking" (rel. May 24, 2021)
  • "Communications Division, Staff Proposal: Permanent Rates for Incarcerated Persons Calling Services" (Sept. 30, 2024)
  • "D.25-05-014, issued May 15, 2025"
  • S.B. 1008, 2021-2022 Reg. Sess. (Cal. 2022)