Why is the FCC Talking About Text Messaging?

[Commentary] Last month, when announcing a new program to modernize the nation’s 911 system, federal Communications Commission Chairman Julius Genachowski rightly noted that “consumers are using their phones less to make calls, and more for texting and sending pictures.” Dec 14 the FCC is holding Generation Mobile, a forum to discuss helping young people navigate the mobile world. The forum will focus especially on the “maneuvering marauder” of mobile phones equipped with text messaging. It is a good thing that the FCC is recognizing the prevalence of text messaging, and its central role in consumers’ mobile lives. Text messaging is important, and the FCC should make sure that consumers are protected. Unfortunately, as far as the FCC’s authority is concerned, they might as well be investigating nautical traffic separation schemes in the approach to Buzzards Bay, MA or investigating which chemicals should be exempted under the Toxic Substances Control Act. That is because, like nautical traffic separation schemes and Toxic Substances Control Act exceptions, the FCC has steadfastly avoided asserting any authority over text messages.