The telcos have argued that the previous FCC administration had misinterpreted federal law. A clause requiring that providers be "fairly compensated" was meant to give the companies their due, according to attorneys, not to keep rates artificially low. The caps were supposedly so dire that the service operators were taking losses.

However, that still raises a question: what, if anything, will the FCC do to keep the call rates in check if the current rules go away? The limits came about precisely because rates were being used as a roundabout way of discouraging prisoners from calling. If there are no limits in place, it may be prohibitively expensive for inmates to stay in touch with family and friends. While there is the potential for abuse, fewer calls could isolate prisoners and increase the chances that they'll be maladjusted if and when they're set free.