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This report is published by the Center for Media Justice (CMJ), based on the discussions at the 2011 NCMR Mobile Voices, Mobile Justice strategy session. Thanks to the staff of Consumers Union (CU) and CMJ for their planning, coordination, and leadership of the strategy session; panel participants for their thoughtful contributions; and co-facilitators for their strategic guidance. This report was written by CMJ Policy Director amalia deloney, based on note-taking by Leticia Medina, Betty Yu, DeAnne Cuellar, and Leticia Miranda.
Published by the Center for Media Justice, May 2011. The Center for Media Justice 436 14th Street, Suite 500, Oakland, CA 94612 wwww.centerformediajustice.org phone: 510-698-3800 email: info@centerformediajustice.org
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Introduction
Telephones are one of the most important and useful modern inventions. Whether wireline or wireless, phones and phone calls connect us to one another, are a vital part of our communication system, and are the only access point to the Internet for many. While some take this piece of technology for granted, for many of usprisoners, lowincome communities, immigrants, youth, and communities of colorphone calls and mobile access are a privilege, not a right. Black and Latino communities are more likely than the general population to access the web via cellular phones, and they need strong wireless protections. According to a report by the Pew Research Center, 18% of blacks and 16% of English-speaking Latinos access the Internet only from their cell phones. Phones not only keep us connected, but cell phones play an increasing role in social movements. From the recent prison uprising throughout the South to the hundreds of thousands in the streets for immigrant rights, cell phones are a tool for communication rights. The ght for telephone protections raises the opportunity for a broad and intersectional strategy that brings together media policy and social justice advocates. As we transition to a new digitized economy, the power to communicate, and therefore imagine a better future, should belong to everyone. However, our media environment is one of massive corporate consolidation and few consumer protections; our media policies simultaneously support this consolidation and fail to represent the consumers who are most affected by it. Without appropriate and thoughtful intervention, the digital divide appears likely to become self-perpetuating. The failure of telecommunications regulatory agencies to deploy phone and wireless policies that reinforce equity, and the limited ability of public interest advocates to deploy culturally and geographically appropriate strategies for change means that those who dont have access to todays computer technology will face a hard time catching up in tomorrows technological economy.
Wireless/Cell Phone Protections Why is this issue important? In December 2010 the FCC passed rules that provide only the most minimal consumer protections to wireless users. These new rules created a segregated Internet where wireless users are left with blocked and tiered service. This lack of consumer protections directly disadvantages individuals already excluded by the digital divide. According to a report by the Pew Research Center, 18% of blacks and 16% of English-speaking Latinos access the Internet only from their cell phones, compared with 10% of whites. While Latinos and blacks are more likely to access the web via their cell phones, they are often limited in the content they can access and the functionality that is available for everyday needs. For example, it can be difcultor impossibleto ll out a job application or schedule an immigration appointment on a cell phone. Challenges/opportunities Theres a disconnect between D.C. policy advocacy and community needs Current consumer complaint infrastructure is confusing or nonexistent We are up against powerful, well-liked companies with strong traditional civil rights partners Communities lack access to federal regulatory bodiesthe FTC, FCC, etc. What can communities do? Educate consumers in local communities on their rights Connect D.C. policy advocacy to community-driven solutions Innovate alternative models: use local communities as laboratories for models that show government that we have solutions Innovate and lead direct-action approaches Collect stories and complaints from community members who are most affected, using network structure Universal Service Fund Reform/Low-Income Subsidies Why is this issue important? An affordable connection to the telephone network is essential for people to seek and maintain employment; have access to emergency services; contact schools, governmental agencies, and medical service providers; and stay in touch with family and friends. Federal statistics show that lower-income households are less likely to be connected to the phone network than higher-income households. Seventeen percent of those earning less than $30,000 per year are cell-only wireless users, as are 20% of those who have not graduated from high school and 15% of those who have graduated high school but have not attended college. Today, the FCC estimates that broadband service is completely unavailable to at least 14 million Americans. And, according to a report by Pew, only 67% of Native Americans have telephone service in their homes. Challenges/opportunities Enrollment requirements for subsidized service are overly narrow and prohibitive The USF should be expanded to include broadband, but not cut telephone access for those who need it The USF is largely administered by states, which leads to a lack of clarity, uneven regulation, and differing standards Studies indicate that 67% of people who qualify for USF programs are not using them We need a state-based legislative strategy to engage in implementation decisions, with model policies
What can communities do? Participate in all comments related to USF reformespecially low-income programs Collect stories to share with elected ofcials (especially state and local public utility commissions) from individuals using the programs Hold USF hearings in partnership with the FCC on low-income programs Conduct public education campaigns to increase awareness of the programs Participate in local, statewide, and regional groups focused on these issues Work with ethnic and local media to highlight the needs of specic communities as well as the inadequacies of the program as it exists Prison Phone Calls Why is this issue important? As prisoners are increasingly housed in facilities hundreds of miles away from their home communities, telephones become the only way to stay in touch with loved ones. The telecommunications rms that provide prison phone services engage in an industry-standard practice of providing kickbacks (commissions) to state contracting agencies, which often award prison phone service contracts based not on the lowest rate, but on the highest kickback. The commissions range up to 60% of revenue from prison phone calls, and costs are passed on to the consumers who pay for those callsprisoners families. Thus, prisoners families pay some of the highest phone rates in the nation when they accept calls from the incarcerated. A typical interstate collect call from a prison has a $3.95 connection fee, and rates per minute can be as high as $0.89. Just one hour of calls per week at that rate can result in phone charges of nearly $300 per month. Challenges/opportunities We need federal regulation from the FCC that caps cost We lack coordinated statewide strategies We need model state legislation that can be easily customized and implemented We need state-based legislation to prevent kickbacks
What can communities do? Join the Prison Phone Justice Campaign Create political pressure on the FCC to make the issue visible and move it toward a solution Collect stories of how prison phone costs are affecting peoples lives Develop and lead a divestment campaign Highlight the money generated by states and municipalities through commissionsand what its paying for Long-Distance Calling Cards Why is this issue important? Prepaid calling cards, rst introduced to the retail market two decades ago, have undergone explosive growth over the last ten years thanks to globalization of the U.S. workforce and declining international long-distance costs. This combination has enabled the U.S. prepaid phone card industry to generate annual revenues estimated at well over $4 billion. Over the years, the promise of huge prot margins has created a competitive drive to advertise and sell cards with cheaper rates and more minutes to an ever-growing base of migrant consumers. Beginning as early as 2000, this race to provide more minutes for less money has led many companies to promise more than they deliverat consumers expense. Challenges/opportunities Tie the issue to other predatory corporate practices Develop basic issue education materials and action-related tools Create a power analysis of players and proteers to determine who should be held accountable (i.e., companies, carriers, local stores, subcontractors, distributors) What can communities do? Build local alliances to support fair business practices Target calling card companies with predatory practices Conduct consumer education and launch a public education campaign about prepaid calling cards Push for policy that regulates calling cards
Available Resources and Support from the Center for Media Justice
Coordination and support to le collaborative comments Research, materials, and federal alliance building for the Prison Phone Justice Campaign Support to complete and distribute a Cell Phone Literacy Toolkit Processes under way with the FCC to ensure USF eld hearings Processes under way with FCC to ensure AT&T/T-Mobile merger eld hearings Organizing initiatives Black Voices for Internet Freedom and Latinos for Internet Freedom, conducted in partnership with Free Press Related policy briefs, policy/issue workshops, and educational materials Coordination of national communications work on each issue, elevating grassroots voices
Resources
All resources can also be found via the MAG-Net website. Listening Session Resources: Strategic Breakout Session Guiding Questions Background information and facts: Wireless Fact Sheet Prison Calls Fact Sheet Long-Distance Calling Cards Fact Sheet Universal Service Fund/Low-Income Program Fact Sheet Facing Race Video Clips Universal Service Fund Policy Brief Mobile Broadband Policy Brief Prison Legal News Report: Nationwide PLN Survey Examines Prison Phone Contracts, Kickbacks Popular Education Tools: Human Phone Bingo Phone Justice Speed Dating Tree of Knowledge and Communication Mural