Michael S. Hamden - Attorney, Counselor at Law & Corrections Consultant

FCC Authority

The Federal Communications Commission  Has Both the Authority and the Duty to Protect the Public from Abuse

 

The law governing telecommunications is complex, and the Federal Communications Commission is largely responsible for regulating the industry.  Telecommunications Act of 1996, 47 U.S.C and 276.  Section 276 requires the Commission to promulgate regulations to ensure that all pay phone service providers are fairly compensated for “each and every completed intra-state and inter-state call” [Second Order on Reconsideration, 16 FCC Rcd 8098, 8103 (2001)].

 

Proceedings Languish

Nevertheless, a proceeding has languished before the Federal Communications Commission for more than a decade.  Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128 (DA 93-4027).  The key issues in the proceeding are whether, and to what extent, the FCC should regulate the prison telephone services business.