FCC mandates relay access for deaf incarcerated people

The FCC recently announced it has adopted a rule to require most correctional facilities in the U.S. to provide deaf people who are incarcerated with access to video relay ASL interpreters or other relay services eligible for the Telecommunications Relay Services (TRS) fund, such as the Captioned Telephone Service or IP Relay Service.

The only correctional facilities that could be exempt from the requirements are those that do not have broadband internet or is a facility with less than 50 incarcerated people.

Many correctional facilities have calling systems that are run by private companies that charge fees for calls. The FCC said it would require these prison phone companies to provide access to all TRS relay services and point-to-point video calls. The FCC said its rule restricts companies from charging fees to provide relay services or point-to-point video calls.

HEARD, an organization that advocates for deaf people in the criminal justice system, said they have been pushing and demanding for this for more than 10 years. HEARD released a statement and a video titled, “HEARD Advocacy: FCC Victory.” Here’s a clip.

[Clip] [Credit: YouTube/BEHEARDDC]

"...But today, we invite you to join us in celebrating this hard-fought journey, in celebrating this vote and the new rules! Yes, this should've happened long ago. But it happened, and we are thankful to celebrate this win. Because people came together in solidarity to accomplish this, finally."

A HEARD representative explained that the FCC rules will go into effect in 2024. Here is an explainer.

[Clip] [Credit: YouTube/BEHEARDDC]

“The new FCC rules will go into effect in 2024. The FCC rules expanded the definition of "jail and prisons" to include youth jails/prisons; “secure mental health facilities" such as medical/psychiatric incarceration); immigration jail/prison such as I.C.E. facilities, and the federal prison system.”

Alex: The link to the full statement from HEARD is available on the transcript.

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FCC Chairwoman Jessica Rosenworcel said in a statement supporting the rule change that “incarcerated people who are deaf, hard of hearing, deafblind, or who have a speech disability are in a prison within a prison…” She said, “the record before us describes how some incarcerated people who are deaf were not aware of the covid virus until more than a year into the pandemic…”

FCC Commissioner Geoffrey Starks said in a statement approving the rule that 50 years of research show that “contact by phone and other forms of visitations between incarcerated individuals and their families reduce recidivism and have positive effects…” Starks said he hopes that in the future the FCC can apply this obligation to all facilities with incarcerated individuals and eliminate exemptions for smaller facilities with less than 50 prisoners.

Telecommunications for the Deaf and Hard of Hearing, Inc (TDI) said in a statement that the FCC’s recent order is a “necessary step in ensuring incarcerated people retain their humanity, dignity, language and community during incarceration.”

FCC: https://www.fcc.gov/document/fcc-mandates-trs-access-incarcerated-people-disabilities

HEARD Statement in ASL: https://www.youtube.com/watch?v=Q1PJkF9_j7I

HEARD Statement in Plain Text Version: https://docs.google.com/document/d/1yjbwPqqV77iYlW5576kCaUMH25kbDcyu6M2t_SOkNII/edit?blm_aid=4623912

TDI: https://tdiforaccess.org/fcc-acts-to-ensure-improving-communication-for-incarcerated-people-with-disabilities%EF%BF%BC/

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