Public Knowledge Petitions FCC to Reconsider Allowing Carriers to Restrict Text Messaging

Public Knowledge, joined by the Benton Foundation and 14 consumer, rural, and public interest groups, filed a Petition for Reconsideration opposing the Federal Communications Commission’s recent Declaratory Ruling classifying text messaging as a Title I information service under the Communications Act. The groups believe this action undermines the public’s right to use text messaging without undue interference from wireless companies. John Bergmayer, Senior Counsel at Public Knowledge, said “The FCC's decision on the classification of SMS is bad policy, and legally untenable...But that's not the only reason we're asking the Commission to reconsider its decision. In addition, the final Order introduces new legal errors not present in the circulated draft, and fails to consider relevant policy issues concerning consumer privacy and access to SMS for institutions such as schools."