The Federal Communications Commission is seeking comment on a petition for declaratory ruling on the regulatory status of mobile messaging services (i.e., text messaging).

Twilio Inc. has filed a petition for expedited declaratory ruling asking the FCC to “declare that messaging services are governed by Title II” of the Communications Act.  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.

Reclassification of text messaging as Title II telecommunications would have far reaching implications, well beyond Twilio’s claims about discriminatory and anti-competitive practices.  Indeed, reclassification as “telecommunications service” under Title II would expose revenue derived from text messaging to a variety of regulatory fees, at the federal and state levels, including Universal Service Fund fees, Telecommunications Relay Service fund, FCC regulatory fees and more.

Comments on Twilio’s petition are due on November 20, 2015 and replies are due December 21, 2015.

Contact the attorney assigned to your account if you are interested in filing Comments or Replies in this proceeding.