Appeals Court to Hear Oral Argument on FCC Regulations Protecting Affordable Communication for Incarcerated People

October 3, 2025 — Press Release

MEDIA ADVISORY

Advocates warn families could lose essential connections to incarcerated loved ones

BOSTON – With the Federal Communications Commission (FCC) backing away from regulations mandated by law that ensure just and reasonable rates for phone and video calls for incarcerated people, the U.S. Court of Appeals for the First Circuit will hear oral argument on Tuesday, Oct. 7, in an important case that may determine if people held in federal and state prisons, jails, and ICE detention facilities can have affordable phone and video calls. 

As required by a law passed by Congress in 2023, the FCC voted to approve new phone and video rate caps in 2024, which would apply to all federal and state prisons, local jails, and ICE facilities. However, prison phone companies, individual sheriffs and the National Sheriffs’ Association, and 17 state Attorneys General challenged the FCC’s rate caps, which could permanently bring back sky-high rates that price families out of their ability to stay in touch with incarcerated loved ones. Various public interest advocates and 11 state Attorneys General filed briefs supporting the regulations. 

FCC Chairman Brendan Carr voted in favor of the FCC’s 2024 regulations, and initially defended them in court, before abruptly reversing course. This summer, Chairman Carr delayed implementation and signaled that weaker regulations were ahead—prompting scrutiny of the FCC’s actions and leadership. 

Chairman Carr told the First Circuit that he will draft revised, weaker regulations by October 7, 2025 and ask FCC commissioners to vote to approve them on October 28, 2025, though the current government shutdown could impact the timing.

What:	Oral argument on the fate of 2024 FCC regulations ensuring just and reasonable rates for calls from federal and state prisons, jails, and ICE detention facilities. Parties to the case are the FCC, public interest organizations, prison telecommunications companies, individual sheriffs and the National Sheriffs’ Association, and a number of state Attorneys General Offices.
When:	Tuesday, October 7, 2025, expected at 10:45 a.m. ET* *Note: Timing is subject to change based on the three cases occurring before these arguments. The oral argument calendar for the First Circuit, which includes this case, can be found here.
Where:	U.S. Court of Appeals for the First Circuit1 Courthouse Way, Suite 2500 Boston, MA 02210 Oral arguments will be livestreamed at: https://www.ca1.uscourts.gov/courtlivestream
Who:	National Prison Phone Justice Coalition Available for comment and analysis at the oral argument: Cheryl Leanza, policy advisor for the United Church of Christ Justice Ministry, an intervenor in the case Caroline Cohn and Ariel Nelson, attorneys at the National Consumer Law Center, an amicus in the case