[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Notices]
[Pages 4866-4867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1452]


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FEDERAL COMMUNICATIONS COMMISSION

[WT Docket No. 08-7; DA 08-78]


Comment Sought 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

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, comment is sought on a December 11, 2007 
petition for declaratory ruling (Petition) filed by Public Knowledge, 
Free Press, Consumer Federation of America, Consumers Union, EDUCAUSE, 
Media Access Project, New America Foundation, and U.S. PIRG 
(Petitioners). The Petitioners ask the Federal Communications 
Commission (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

[[Page 4867]]

provisions of Title II of the Communications Act.

DATES: Interested parties may file comments on or before February 13, 
2008, and reply comments on or before March 14, 2008.

ADDRESSES: You may submit comments, identified by WT Docket No. 08-7, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although we continue to experience delays in 
receiving U.S. Postal Service mail). All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jennifer Salhus, Spectrum and 
Competition Policy Division, Wireless Telecommunications Bureau, 202-
418-1310.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice released on January 14, 2008. The full text of the Public Notice 
is available for public inspection and copying during normal business 
hours in the FCC Reference Center, Room CY-A257, 445 12th St., SW., 
Washington, DC 20554. The complete text may also be purchased from the 
Commission's duplicating contractor, Qualex International, Portals II, 
445 12th St., SW., Room CY-B402, Washington, DC, telephone (202) 863-
2893, facsimile (202) 863-2898, or via e-mail [email protected]. 
Additionally, the complete item is available on the Federal 
Communications Commission's Web site at http://www.fcc.gov.
    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.
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
     For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to [email protected], and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Federal Communications Commission.
Fred B. Campbell, Jr.,
Chief, Wireless Telecommunications Bureau.
 [FR Doc. E8-1452 Filed 1-25-08; 8:45 am]
BILLING CODE 6712-01-P