Short-message service (SMS) developer Target Wireless filed petit...

take up its petition, which would apply to congressional and presidential candidates, Aug. 15. Because maximum character capacity for each SMS text message sent to digital phones can’t exceed 160 characters, petition said that fine print of current federal disclosure requirements, which include who is paying for message, would take up all the available message space and leave no room for candidate’s main message. Target Wireless Pres. Craig Krueger said such messages would be made available only on “opt-in” basis so that wireless subscribers wouldn’t be spammed by unwanted political ads. He told us that presidential candidate in 2000 had expressed interest in using SMS as advertising tool but viewed disclosure requirements as making that medium impractical. He declined to disclose which presidential hopeful had explored this possibility, although he said it was one of 2 major party candidates. Company is relying on precedent of FEC’s already having granted exceptions to disclosure requirements on ground of limited space for bumper stickers, skywriting, water towers and novelty items such as pens and pencils. Point of petition is to allow candidates to “leverage new communications vehicles to promote their candidate,” Krueger said. Company petitioned FEC in May for advisory petition concerning exemption request for SMS messages on digital phones. Target Wireless told FEC that it has standing to make request because it plans activities starting in 2002 to deliver political messages to “hard-to-reach mobile audience.” FEC filing outlined potential activities that included Target acting as broker of wireless ads between political parties or candidates and content providers such as broadcasters like CNN and Fox. Under this scenario, Target said it would receive commission for placing wireless ad. Another possibility would be Target acting as broker between content provider and wireless networks to facilitate relationship between candidates and content providers, company told FEC. In such cases, Target said it could broker arrangement between content provider and wireless carrier. Another possibility raised by company is that it would be agent for candidates seeking federal office. “Target Wireless has had discussions with political candidates about wireless advertising, but has been unable to proceed further because of the uncertainty of the application of the FEC’s disclaimer exemption to such communications,” filing said. Target Wireless’s petition to FEC argued: “Because wireless devices can receive and communicate messages to a massive mobile audience with consistent regularity, wireless can be used … as an advertising tool that is capable of reaching a unique, mobile audience for which traditional cable and modem-based applications are not well-suited to deliver.”