[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Proposed Rules]
[Pages 69630-69631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27899]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[WT Docket No. 08-7; DA 15-1169]


WTB Seeks Comment on a Petition for Declaratory Ruling Clarifying 
the Regulatory Status of Mobile Messaging Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission's 
Wireless Telecommunications Bureau (Bureau) seeks comment on a petition 
for declaratory ruling on the regulatory status of mobile messaging 
services.

DATES: Comments are due November 20, 2015. Reply Comments are due 
December 21, 2015.

ADDRESSES: Pursuant to sections 1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415 and 1.419, interested parties may file comments and 
reply comments on or before the dates indicated above. All filings 
should refer to WT Docket No. 08-7. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy 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. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th Street SW., Room TW-A325,

[[Page 69631]]

Washington, DC 20554. The filing hours are 8 a.m. to 7 p.m. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes and boxes must be disposed of before entering the building.
    [ssquf] 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.
    [ssquf] 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 email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 
418-0432 (tty).

FOR FURTHER INFORMATION CONTACT: Daniel Ball, Wireless 
Telecommunications Bureau, 202-418-1310, email [email protected] or 
Pramesh Jobanputra, Wireless Telecommunications Bureau, 202-418-1323, 
email [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Bureau's Public 
Notice, DA No. 15-1169 WT Docket No 08-7, released October 13, 2015. 
The full text of this document is available for inspection and copying 
during business hours in the FCC Reference Information Center, Portals 
II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. Also, it 
may be purchased from the Commission's duplicating contractor at 
Portals II, 445 12th Street SW., Room CY-B402, Washington, DC 20554; 
Copies of the Public Notice also may be obtained via ECFS by entering 
the docket number WT Docket 15-180; DA No. 15-865. Additionally, the 
complete item is available on the Federal Communications Commission's 
Web site at http://www.fcc.gov.
    By this Public Notice, the Wireless Telecommunications Bureau seeks 
comment on a petition for a declaratory ruling on the regulatory status 
of mobile messaging services.
    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. 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.
    Twilio describes itself as a ``cloud-based developer-platform 
company'' that facilitates ``merging cloud computing, web services, and 
traditional voice and messaging communications.'' 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. 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.
    The Commission invites comment on the issues raised in the Twilio 
Petition and the Commission seeks to refresh the record on the Joint 
Petition. The Commission invites commenters to offer detailed 
estimates--numerical estimates if available--of any costs or benefits 
claimed.
    This proceeding has been designated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b).
    In proceedings governed by rule 1.49(f) or for which the Commission 
has made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

Federal Communications Commission.
Roger Sherman,
Bureau Chief, Wireless Telecommunications Bureau.
[FR Doc. 2015-27899 Filed 11-9-15; 8:45 am]
 BILLING CODE 6712-01-P