UCC Media Justice has joined a coalition of allied organizations in submitting a legal brief to the U.S. Court of Appeals for the First Circuit in support of the FCC’s historic order to lower the cost of calls and video communications for incarcerated people. UCC Media Justice’s policy advisor brought legal expertise and long-standing work at the FCC to help shape the brief filed in court and worked with allied organizations to encourage others, including a coalition of state attorneys general, to file supportive amicus briefs.
Our filing highlights how unaffordable prison communication rates can put families in debt and sever vital support networks. Two-thirds of incarcerated people earned less than $12,000 annually before incarceration, and over one-third of families have gone into debt trying to keep in touch. One formerly incarcerated person described a single 15-minute phone call as “life”—a lifeline to their family, their children, and their mental well-being.
The brief also emphasizes the broader societal benefits of affordable communication. Children of incarcerated parents experience fewer behavioral and developmental issues when they can maintain regular contact. Consistent communication improves public safety by supporting successful reentry into society and reducing recidivism. Studies even show that greater phone access leads to fewer incidents of violence and misconduct inside facilities.
Despite these popular public benefits, the FCC’s order is facing legal challenges from prison telecom companies and a group of state governments. Our coalition’s brief defends the agency’s clear statutory authority under the new law and urges the court to uphold these essential consumer protections based on the Martha Wright-Reed Just and Reasonable Communications Act, which UCC Media Justice helped pass in 2022. The brief also pushes back on industry claims that the new rate caps undercut their business models, explaining that the FCC’s legal standard for setting rates ensures fair compensation for efficient providers but does not reward profligate companies with guaranteed profits.
UCC Media Justice is proud to stand with the Direct Action for Rights and Equality, the Criminal Justice Reform Clinic, and the Pennsylvania Prison Society. This brief features the work of the UCC Media Justice’s counsel, Samuelson Law, Technology & Public Policy Clinic at UC Berkeley, School of Law and pro bono efforts of the firm Jenner & Block.
You can read the full filing below:
(04-21-2025) BRIEF tendered by Petitioner Direct Action for Rights and Equality Inc. in 24-8028 Intervenor Dire (1)