April 15, 2020 VIA ELECTRONIC DELIVERY The Honorable Ajit Pai Chairman Federal Communications Commission 445 12th Street SW Washington, D.C. 20554 Dear Chairman Pai: We write to urge the Federal Communications Commission (FCC) to immediately call on telecommunications providers serving law enforcement facilities across the nation to provide free phone calls and video visitations to incarcerated and detained individuals during the COVID-19 pandemic. We applaud the FCC’s efforts to encourage traditional providers to bolster connectivity for Americans impacted by the coronavirus, most notably through the Keep Americans Connected Pledge; however, this effort does not adequately reflect the dynamics of prison and jail telecommunication systems. The FCC must do more to bring needed relief to incarcerated individuals and their families, many of whom are already facing increased economic hardship due to the coronavirus pandemic and forced to choose between communicating with a loved one and paying their bills. Incarcerated individuals and law enforcement staff are at increased risk of COVID-19 infection due to a lack of practical opportunities for social distancing; thus the Federal Bureau of Prisons (BOP) and many state, county and local law enforcement entities have suspended inperson visits between inmates and loved ones to combat the spread of infection. While the recently enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act, allows federal facilities to offer free phone calls and video visitation, which BOP implemented last week, many non-federal law enforcement entities are unable to waive or reduce communication costs for inmates and their families in a timely manner without agreement from their service providers. The FCC is uniquely positioned to seek commitments from these providers in the same spirit as the Keep Americans Connected Pledge to help address a public health issue for inmates and law enforcement personnel while preserving safety and security at law enforcement facilities and ensuring just and reasonable communications for inmates and their families. Ensuring that families of inmates have an affordable and reliable way to communicate with their loved ones is essential to balancing the health and safety dynamics inside correctional and detention facilities during this pandemic. While we commend those facilities that are already exploring ways to offer free or reduced-cost communications in an extremely challenging environment, the FCC’s leadership in this space can go a long way towards expanding these efforts. Thank you in advance for your attention to this important matter. We look forward to your prompt response. Sincerely, /s/ Tammy Duckworth /s/ Rob Portman TAMMY DUCKWORTH United States Senate ROB PORTMAN United States Senate /s/ Edward J. Markey /s/ Tom Udall EDWARD J. MARKEY United States Senate TOM UDALL United States Senate /s/ Richard Blumenthal /s/ Cory A. Booker RICHARD BLUMENTHAL United States Senate CORY A. BOOKER United States Senate /s/ Brian Schatz /s/ Ron Wyden BRIAN SCHATZ United States Senate RON WYDEN United States Senate /s/ Mazie K. Hirono /s/ Bernard Sanders MAZIE K. HIRONO United States Senate BERNARD SANDERS United States Senate /s/ Richard J. Durbin /s/ Tina Smith RICHARD J. DURBIN United States Senate TINA SMITH United States Senate /s/ Amy Klobuchar /s/ Robert P. Casey, Jr. AMY KLOBUCHAR United States Senate ROBERT P. CASEY, JR. United States Senate /s/ Elizabeth Warren /s/ Kamala D. Harris ELIZABETH WARREN United States Senate KAMALA D. HARRIS United States Senate /s/ Angus S. King, Jr. /s/ Sherrod Brown ANGUS S. KING, JR. United States Senate SHERROD BROWN United States Senate /s/ Kirsten Gillibrand KIRSTEN GILLIBRAND United States Senate CC: The Honorable Jessica Rosenworcel, Commissioner The Honorable Michael O’Rielly, Commissioner The Honorable Brendan Carr, Commissioner The Honorable Geoffrey Starks, Commissioner