The FCC banned the prison-phone kickback. A year later, it brought back a 2-cent version.
Summary
In 2024 the FCC capped prison calls at 6 cents a minute and banned the site-commission payments that had inflated rates for decades. Before those caps reached most facilities, the agency reversed itself: the rules that took effect April 6, 2026 run up to 11 cents a minute, built on a reinstated 2-cent-per-minute facility fee — and the FCC's own order concedes the reversal will cut projected growth in family call time by 66%.
A reform that reversed itself before it arrived
Compliance with the 2024 order was staggered — facilities with existing telecom contracts got extensions of up to a year — so much of the country never actually saw 6-cent prison calls. By the time the rule was set to take full effect everywhere, the had already begun rewriting it. On October 29, 2025 the Commission adopted new "interim" rate caps and, over the objection of prison-reform groups, revived a uniform per-minute additive so facilities could recover costs without a site commission changing hands. Providers called it overdue relief from the 2024 order's "unintended consequences." Worth Rises, the advocacy group that has tracked the industry for a decade, called the additive "duplicative at best and a way around the ban on commissions at the worst" — a characterization the Commission's own order quotes and then rejects, arguing the fee is capped at 2 cents and limited to "used and useful" costs, so it isn't legally a site commission. Whatever it's called, the numbers move the same direction commissions always moved them: up.
View data as table
| Prisons | $0.06 → $0.11 | +83% · 2024 order → 2025 order |
|---|---|---|
| Large jails (1,000+ ADP) | $0.06 → $0.10 | +67% |
| Medium jails (350–999) | $0.07 → $0.12 | +71% |
| Small jails (100–349) | $0.09 → $0.13 | +44% |
| Very small jails (0–99 → split 50–99/0–49) | $0.12 → $0.15 / $0.19 | 2025 order splits this tier in two |
Every tier moved the same direction. Small jails, which already charged the most per minute, still went from 9 cents to 13 cents. The smallest lockups — under a new tier the 2025 order split off entirely — can now charge up to 19 cents for audio and 44 cents for video, more than the 2024 order allowed for any facility in the country.
What the reversal costs, in contact time
The didn't just move a price. Its own order estimates the effect on how much incarcerated people actually talk to the people they call. In a footnote, the Commission reprints and relies on Worth Rises' calculation that lower rates drive higher call volume — and that the 2025 caps will produce a fraction of the growth the 2024 caps would have:
View data as table
| 2024 order (target, largely unrealized) | 2,100M min/yr | additional call-minutes projected |
|---|---|---|
| 2025 order (now in force) | 714M min/yr | additional call-minutes projected — 66% less growth |
That's 1.4 billion fewer minutes of projected family contact a year — phone time researchers and the 's own record link to lower recidivism, better mental-health outcomes, and fewer children pushed into foster care while a parent is incarcerated. The Commission's rebuttal is that its 2025 caps still beat the rates people were actually paying before this order — most facilities never got to 6 cents in the first place — and estimates the order nets nearly $14 million a year in caller welfare, or $64 million over five years. That's a real number, but it's a comparison against the status quo the delayed 2024 order left in place, not against the reform Congress ordered the agency to deliver.
The people paying these rates are disproportionately not yet convicted of anything. At midyear 2024, local jails held 657,500 people in custody, per the Bureau of Justice Statistics — and 69%, or 450,600 of them, were unconvicted, awaiting trial or held for other reasons. State and federal prisons held another 1,254,200 people at yearend 2023. Combined, roughly 1.9 million people are the customer base for a rate the just raised — and it's their families, not them, who mostly fund the calls.
The takeaway
- The reform got rolled back before it was fully installed. Staggered compliance meant most of the country never reached the 2024 order's 6-cent rate before the replaced it with an 11-cent one.
- The kickback didn't disappear — it got a price cap. The 2¢-per-minute facility fee the reinstated is capped and audited differently than a site commission, but it restores the same cash flow to facilities that the 2024 order eliminated as a driver of high rates.
- The 's own math shows the tradeoff. Its order concedes the new rules will generate 66% less growth in call volume than the rules they replaced, even as it claims a net welfare gain against the higher, non-compliant rates many facilities were still charging.
Rate figures are -set interstate/intrastate/international caps, not what every facility necessarily charges; some contracts run below the cap. The 2¢ facility fee and the 2025 base rates listed here were interim, not permanent — the 's Further Notice of Proposed Rulemaking on permanent caps was still pending as of this writing.
Sources
- , 2024 IPCS Order ( 24-75, adopted July 18, 2024) — set the 6¢-per-minute prison audio cap, banned site commissions outright, and established the facility-tier rate structure this piece compares against. docs.fcc.gov
- , 2025 IPCS Order ( 25-75, adopted Oct. 29, 2025) — raised the rate caps, created the 2¢-per-minute facility fee, split off a new "extremely small jail" tier, and reprints the Worth Rises call-volume and quote used in this piece. docs.fcc.gov
- Federal Register, publication of the 2025 IPCS Order (Dec. 5, 2025) — starts the 120-day compliance clock that made the new caps enforceable April 6, 2026. federalregister.gov
- , Incarcerated People's Communications Services program page — implementation timeline confirming the April 6, 2026 compliance date. fcc.gov/general/ipcs
- Bureau of Justice Statistics, Jails Report Series: 2024 Preliminary Data Release — midyear 2024 jail population (657,500) and the 69% unconvicted share. bjs.ojp.gov
- Bureau of Justice Statistics, Preliminary Data Release — Prisons, 2023 — yearend 2023 U.S. prison population (1,254,200). bjs.ojp.gov
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The Martha Wright-Reed Act told the to fix a market where a 15-minute call from a state prison could cost more than a night's motel room, and where facilities picked telecom vendors by which one paid the biggest kickback. In July 2024, the FCC's implementing order did exactly that: it cut the audio rate cap for prisons to 6 cents a minute and banned "site commissions" — the per-call payments providers had made to win facility contracts — outright. Before that rule reached most of the country, the changed its mind. The 2025 IPCS Order, which became enforceable on April 6, 2026, raises the caps and reopens a per-minute fee that flows straight to the facility — capped this time at 2 cents, but functionally the same payment the 2024 order had just outlawed.