Cantwell and Duckworth, Colleagues Denounce FCC Chair Brendan Carr for Illegally Gutting Federal Law to Help Ensure Families Stay Connected with Incarcerated Loved Ones

Carr moves to overturn the law's required rules he supported just one year ago

WASHINGTON, D.C. - U.S. Senator Maria Cantwell (D-Wash.), Ranking Member of the Committee on Commerce, Science and Transportation, joined Sen. Tammy Duckworth (D-Ill.), author of the bipartisan Martha Wright-Reed Just and Reasonable Communications Act, in denouncing Federal Communications Commission (FCC) Chair Brendan Carr's decision to undermine the 2023 law which would crack down on egregious prison phone rates and make it easier for family members to regularly communicate with incarcerated loved ones, reducing recidivism.

In a letter to Carr, the senators pointed to his previous vote in favor of adopting the legally-required implementation rules last year-the very rules he is now gutting, writing: "As a Commissioner, you voted for the FCC's 2024 final rule that was adopted on a bipartisan basis, 5-0. Consistent with Congressional intent, the 2024 final rule cut prison phone rates by more than half and banned junk fees charged by providers. As you said at the time, you 'support[ed] the decision in this proceeding to address the worst abuses and ensure that [incarcerated people's communications services] rates are just and reasonable.'

At the end of June, without notice to affected parties, Carr directed Commission staff to delay the 2024 final rule for two years, denying relief from predatory prison phone rates just as they were starting to go into effect. More recently, Carr circulated a draft order to the Commission that would increase the rates paid by incarcerated people and their families by up to 83 percent compared to the 2024 final rule.

"Your claim that the 2024 final rule created 'unintended consequences' lacks any support in the record or fact," their letter continued. "Worse, by repealing the rule and delaying enforcement, your arbitrary and capricious action will inflict irreparable harm on millions of Americans who simply seek to remain in contact with incarcerated loved ones-critical connections that benefit us all by helping to reduce recidivism in a country where approximately 95 percent of all Americans sentenced to Federal and State prison will eventually reenter society."

The letter was also co-signed by U.S. Senators Chuck Schumer (D-N.Y.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Chris Coons (D-Del.), Amy Klobuchar (D-Minn.), Ed Markey (D-Mass.), Bernie Sanders (I-Vt.), Chris Van Hollen (D-Md.), Raphael Warnock (D-Ga.), Elizabeth Warren (D-Mass.) and Ron Wyden (D-Ore.).

A a copy of the letter is below and HERE:

Dear Chair Carr,

We write in strong opposition to your effort to effectively gut the Federal Communications Commission's (FCC) 2024 final rule implementing the bipartisan Martha Wright-Reed Just and Reasonable Communications Act of 2022 (Public Law 117-338), which the United States Senate passed by unanimous consent and the U.S. House of Representatives passed by voice vote.

As a Commissioner, you voted for the FCC's 2024 final rule that was adopted on a bipartisan basis, 5-0. Consistent with Congressional intent, the 2024 final rule cut prison phone rates by more than half and banned junk fees charged by providers. As you said at the time, you "support[ed] the decision in this proceeding to address the worst abuses and ensure that [incarcerated people's communications services] rates are just and reasonable."

As Chairman, you initially directed your General Counsel to defend the 2024 final rule against challenges brought by prison phone providers seeking to preserve their lucrative monopolies. Your General Counsel expertly implemented your initial directive, filing a strong and compelling brief that effectively defended the FCC's 2024 final rule against baseless challenges. Ironically, at the behest of corporate special interests, you are now seeking to trash the FCC's excellent legal defense, which was produced at your request, to defend a final rule that you voted to adopt.

Specifically, at the end of June 2025, without notice to affected parties, you directed Commission staff to delay the 2024 final rule for two years, snatching away relief for the incarcerated people and their families from predatory rates just as they were starting to go into effect. This decision was unlawful.

The Martha Wright-Reed Just and Reasonable Communications Act contained a clear statutory requirement under section 3 ("Implementation"): "Not earlier than 18 months and not later than 24 months after the date of enactment of this Act [January 5, 2023], the Federal Communications Commission shall promulgate any regulations necessary to implement this Act and the amendments made by this Act." Your waiver order violated the law by ignoring this requirement to enact rules implementing the law by January 5, 2025.

You have now circulated a draft order to the Commission that would increase the rates paid by incarcerated people and their families by up to 83 percent compared to the 2024 final rule. Your claim that the 2024 final rule created "unintended consequences" lacks any support in the record or fact. Worse, by repealing the rule and delaying enforcement, your arbitrary and capricious action will inflict irreparable harm on millions of Americans who simply seek to remain in contact with incarcerated loved ones-critical connections that benefit us all by helping to reduce recidivism in a country where approximately 95 percent of all Americans sentenced to Federal and State prison will eventually reenter society.

We demand that you follow the law by withdrawing the proposed order and the June 2025 delay order and restoring the 2024 final rule. Anything else would violate Congressional intent, delay relief from usurious prison phone charges, and represent a troubling continuation of your pattern and practice of failing to respect separation of powers principles.

We do not require, nor desire, a response to our letter. We simply want you to enforce the law.

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