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by simoncion 3899 days ago
As mentioned by linksbro upthread:

> [The FCC is] an independent commission created by [C]ongress to "make available so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, rapid, efficient, Nationwide, and world-wide wire and radio communication services with adequate facilities at reasonable charges"

Given that (almost?) all prisoners in US prisons are "people of the United States", this seems like exactly the correct body.

1 comments

As mentioned by nickff upthread:

> If you read the commission's charter broadly enough, and without regard to either the original understanding or the original intent, you come to all kinds of absurd conclusions. From the text you provided, one could, for instance conclude that the FCC has the authority to issue regulations which require parents to provide all children above the age of two with a cellphone capable of high-speed internet access with no data cap (just as easily as you could find that the FCC can regulate prison phone prices).

>The FCC does not have authority to regulate phones or networks in any business or home, and cannot dictate whether your company can block certain websites or phone numbers, and the company can have a carrier set up these restrictions for them. Likewise, the FCC does have authority to regulate how phone services are provided to the prisons (though it is not clear that the FCC could discrimate prisons from other businesses), but not what happens within the prison itself or under the prison's request.

Given that not even the 13th amendment applies to prisoners, I also very much doubt that the largess of a congressional mandate for the FCC applies.

> As mentioned by nickff upthread...

linksbro has a reply to that comment that you seem to have missed. It's pretty direct: https://news.ycombinator.com/item?id=10439553

Additionally:

The FCC is obligated to determine if a telecommunications service is required to file tariffs:

"Tariffs contain the rates, terms and conditions of certain services provided by telecommunications carriers. The most common tariff filed at the FCC is for interstate local access service. These tariffs are filed by local exchange carriers, or LECs.

Long-distance companies and others pay the rates set out in these tariffs to LECs for access to local networks at the originating and/or terminating ends of a long-distance call. Access services include:

* End User access, which mainly recovers the Subscriber Line Charge, the Access Recovery Charge, and the Universal Service Fund Charge. ...

Except in very limited circumstances, long-distance companies are not permitted to file tariffs for long-distance service because the FCC has determined that the long-distance market is competitive. Like long-distance service, many broadband services have been detariffed. ...

Tariffs must be just and reasonable and may not be unreasonably discriminatory under Sections 201(a) and 202(b) of the Communications Act of 1934, as amended." [0]

(Emphasis mine.)

If the long-distance market for prisoners is not competitive, the FCC is well within its remit to demand that rates for those services be just, reasonable, and not unreasonably discriminatory.

> Given that not even the 13th amendment applies to prisoners...

Rights and privileges are severable. This means that loss of one does not imply loss of others.

[0] https://www.fcc.gov/encyclopedia/tariffs