U.S. Senator Maria Cantwell (D-Wash.), Ranking Member of the Senate Committee on Commerce, Science and Transportation, and Senator Tammy Duckworth (D-Ill.) have criticized Federal Communications Commission (FCC) Chair Brendan Carr for actions they say undermine a 2023 law intended to reduce prison phone rates.
The senators expressed their concerns in a letter to Carr, highlighting that he had previously supported the FCC’s 2024 final rule that implemented the Martha Wright-Reed Just and Reasonable Communications Act. The rule was adopted unanimously by the commission and aimed to cut prison phone rates by more than half while banning additional fees from providers. At the time, Carr stated he “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.”
According to Cantwell and Duckworth, at the end of June 2025, Carr instructed FCC staff to delay enforcement of this rule for two years without notifying affected parties. This move came just as lower rates were set to take effect. More recently, they allege that Carr has circulated a draft order which would raise costs for incarcerated individuals and their families by up to 83 percent compared with what was established in 2024.
The senators wrote: “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.”
They also referenced legal requirements under section 3 of the Martha Wright-Reed Just and Reasonable Communications Act mandating that regulations be implemented within two years after its enactment date. The senators stated that Carr's waiver order ignored this requirement.
In addition to Cantwell and Duckworth, several other Democratic senators co-signed the letter: Chuck Schumer (N.Y.), Richard Blumenthal (Conn.), Cory Booker (N.J.), Chris Coons (Del.), Amy Klobuchar (Minn.), Ed Markey (Mass.), Bernie Sanders (Vt., I), Chris Van Hollen (Md.), Raphael Warnock (Ga.), Elizabeth Warren (Mass.) and Ron Wyden (Ore.).
The lawmakers demanded withdrawal of both the proposed order raising rates as well as June’s delay order, calling for restoration of the original 2024 final rule. They concluded: “We do not require, nor desire, a response to our letter. We simply want you to enforce the law.”
