A recent petition asked the Federal Communications Commission “to declare that messaging services are governed by Title II.” This would be a mistake, writes Doug Brake in a filing to the Commission. Title II classification of messaging and short codes would significantly disrupt efforts that have made messaging a successful service. Most notably, common carrier status would undermine carriers’ abilities to filter out text message spam, leading to an increase in unwanted messages and significantly devaluing the service to end users. Furthermore, a change in the regulatory classification or overly-broad oversight would undermine ongoing competition between messaging platforms with unpredictable consequences. The information service status of mobile messaging has allowed carriers to create a valuable service for consumers, and the Commission should maintain this environment.
