Cybertelecom Federal Internet Law & Policy An Educational Project

EMail / Messaging Proceedings

Proceedings

• There was a 2007 petition asking that the FCC require ISPs to make email portable. .
• Spam Proceedings

Text Messages Fall under Title II Dkt 08-7

Public Notice, Wireless Telecommunications Bureau Seeks Comment Regarding Petition Seeking A Declaratory Ruling Clarifying The Regulatory Status of Mobile Messaging Services, WT Docket No. 08-7, DA 15-1169 (Wireless Telecomm. Bur. rel. Oct. 13, 2015)

Comments Due: 11/20/2015. Reply Comments Due: 12/21/2015. WTB  DA-15-1169A1.docx  DA-15-1169A1.pdf  

On August 28, 2015, Twilio Inc. filed a petition for an expedited declaratory ruling, asking the Commission “to declare that messaging services are governed by Title II” of the Communications Act.[1] Today’s Public Notice seeks comment on the Twilio Petition and seeks to refresh the record in this proceeding in light of marketplace and legal developments since the Commission sought comment in 2008 on a similar petition.[2] Twilio describes itself as a “cloud-based developer-platform company” that facilitates “merging cloud computing, web services, and traditional voice and messaging communications.”[3] In its Petition, Twilio asserts that wireless providers engage in a variety of discriminatory and anti-competitive practices that cannot be adequately addressed absent a declaratory ruling classifying messaging services under Title II.[4] Twilio further asserts that, under judicial and Commission precedent, messaging services constitute telecommunications services and commercial mobile radio services and are thus subject to Title II 

Petition For Declaratory Ruling That Text Messages And Short Codes Are Title Ii Services Or Are Title I Services Subject To Section 202 Non-Discrimination Rules WT Docket No. 08-7

Public Notice DA 08-78 January 14, 2008: "On December 11, 2007, Public Knowledge, Free Press, Consumer Federation of America, Consumers Union, EDUCAUSE, Media Access Project, New America Foundation, and U.S. PIRG (Petitioners) filed a joint petition for declaratory ruling (Petition) . The Petitioners ask the Commission to clarify the regulatory status of text messaging services , including short-code based services sent from and received by mobile phones, and declare that these services are governed by the anti-discrimination provisions of Title II of the Communications Act . The Wireless Telecommunications Bureau seeks comment on the Petition.

"The Petitioners assert that text messaging is "rapidly becoming a major mode of speech, as a replacement for and a complement to traditional voice communications," and that "short codes are developing into an important tool for political and social outreach." The Petitioners allege that mobile carriers "arbitrarily decide what customers to serve and which speech to allow in text messages, refusing to serve those that they find controversial or that compete with the mobile carriers' services." In their Petition, the Petitioners request that the Commission declare that text messaging services are "commercial mobile services" governed by Title II, and thus are subject to the non-discrimination provisions of Section 202. Alternatively, the Petitioners request that, if the Commission declares that these services are "information services " subject to its Title I authority , the Commission should exercise ancillary jurisdiction to apply the non-discrimination provisions of Title II to text messaging services. Petitioners also request that, in either case, the Commission should declare that refusing to provision a short code or otherwise blocking text messages because of the type of speech, or because the party seeking such service is a competitor, is "unjust and unreasonable discrimination" in violation of law.

Released: 01/14/2008. WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITION FOR DECLARATORY RULING THAT TEXT MESSAGES AND SHORT CODES ARE TITLE II SERVICES OR ARE TITLE I SERVICES SUBJECT TO SECTION 202 NON-DISCRIMINATION RULES. (DA No. 08-78). (Dkt No 08-7). Comments Due: 02/13/2008. Reply Comments Due: 03/14/2008. WTB. TXT

Notes

• Shortcodes:
• "Short codes , also known as short numbers are special telephone numbers, significantly shorter than full telephone numbers, which can also be used to address SMS and MMS messages from mobile phones or fixed phones. They are designed to be shorter to read out and easier to remember than normal telephone numbers. While similar to telephone numbers, they are, at the technological level, unique to each operator, although providers generally have agreements to avoid overlaps. Short codes are widely used for value-added services such as television voting, ordering ringtones, charity donations and mobile services. Messages sent to short code numbers are generally billed at a higher rate than a standard SMS... As of May 31st 2006 , the standard lengths for interoperable short codes are five and six digits. Carriers use short codes with fewer digits for carrier specific programs - e.g., "Text 611 to see how many minutes you have remaining on your plan." Codes starting with 1 are not permitted. Common short codes in the U.S. are administered by NeuStar , under a deal with Common Short Code Administration - CTIA . Short codes can be leased at the rate of $1000 a month for a selected code or $500 for a random code." Source: Wikipedia.

News

• Defend Your Right to Free Speech: Tell the FCC to Protect Text Messaging!, pk 3/13/2008
• Public Knowledge and Public Interest Groups Tell FCC Text Messaging Discrimination Problem Needs To Be Solved, PK 3/20/2008
• Groups Tell FCC To Protect Text Messaging from Telephone Company Abuse, PK 12/11/2007
• Groups to Press FCC To Prohibit Blocking Of Text Messages, Wash Post 12/11/2007
• NARAL and the Christian Coalition Ask Verizon: Can You Hear Us Now?, Save the Internet 10/23/2007
• What Were They Smoking Down at the Precinct?, NOW 10/18/2007
• Thoughts On Digital Technology And Free Expression, Verizon Policy Blog, Oct. 3, 2007 ("But the world has changed. The hybrid model that combines traits of text messaging between individuals and mass commercial communications is today used by political-advocacy groups reaching consumers who intentionally choose to receive those messages on their cellphones. That's why, on September 27th, we said that we made a mistake and we immediately made the requested text messaging services available to NARAL. We also updated our policy: We will provide "short code" text message services to any group that is delivering legal content to customers who opt-in to get it.")
• Free Speech Souldn't End at Verizon's Door, Save the Internet 10/2/2007
• The Verizon/NARAL Flap And Lessons for NARAL (and all the rest of you advocacy orgs out there), Tales from the Sausage Factory 10/2/2007
• Verizon Tempts Fate, Blocks Naral's Message, IP Democracy 9/27/2007
• Verizon Rejects Messages of Abortion Rights Group, NYT 9/27/2007
• Verizon Blocks Pro-Choice Text Messaging, Save the Internet 9/27/2007
• At least 25 countries around the world block websites for political, social or other reasons as governments seek to assert authority ..., USA Today 5/18/2007
• What Were They Smoking Down at the Precinct?, NOW Oct 16, 2007
• Verizon's Tauke and Retribution Against NARAL, Open Left Sept 27, 2007
• Verizon Rejects NARAL Pro-Choice America's Text Messaging Program, Medical News Today Oct 1, 2007