Sharp Lines Drawn in Comments on Need for Further FCC Action on Toll-Free Texting
The FCC did all it needed to when it decided in June (see 1806070021) that toll-free numbers can be text-enabled only with the subscriber’s prior authorization, AT&T, CTIA and other commenters told the FCC last week in filings in docket 18-28. There's no need for further action in response to an NPRM the FCC approved with the declaratory ruling, those commenters said. Registry database manager Somos and its supporters instead backed a national registry for text-enabled toll-free numbers.
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“The Commission should stop there” with the June order, AT&T said. “Industry subscriber verification processes are working well, as evidenced by the lack of widespread text-enabling of toll free numbers without subscriber authorization. Responsible Organization (RespOrg) involvement in the text-enabling process is simply unnecessary, as they are in no better position than messaging providers to identify unassigned toll free numbers or to obtain subscriber authorization to text-enable an assigned toll free number.” There's minimal risk anyone will text-enable a toll-free number, AT&T said: “Even if such a risk exists, RespOrgs are not needed to verify that a toll free number is unassigned.”
“The Declaratory Ruling and industry self-regulatory efforts are sufficient to protect subscribers of toll-free numbers and consumers, and the proposals in the NPRM are inconsistent with the Commission’s de-regulatory approach to interstate information services,” CTIA commented.
Somos disagreed, saying as the toll-free numbering administrator it should be responsible for administering an industrywide toll-free text-messaging registry. “By requiring that all messaging providers use” this registry “to record the text-enabled status of Toll-Free Numbers, the Commission can provide a seamless and cost-effective solution to the problems that have held back the development of innovative Toll-Free applications,” Somos said.
Messaging trade group MessageComm supported Somos’ calls for a neutral registry. “The bad players have identified an opportunistic moment to take advantage of the success of the good players for their own nefarious purpose,” the group said.
The ATIS SMS/800 Number Administration Committee (SNAC), which represents RespOrgs, sides with Somos. Requiring RespOrgs to update the database “to reflect the wishes of toll free Subscribers is appropriate and falls within the established responsibility of Resp Orgs to manage and administer records in the SMS Database for the toll free Subscriber,” ATIS SNAC said. “Moreover, because there is no industry database of service Subscribers, the Resp Org is the appropriate entity to determine/authenticate its users.”
Ten Digit Communications, which provides landline and toll-free texting services to businesses, said a text to a wireline number is little different from a text between two wireless devices. Somos and other RespOrgs “are on record in this proceeding making unsubstantiated claims that the toll-free texting market is a failed market in need of immediate government correction,” Ten Digit said. “These claims are based on an assumption that all toll-free texts have to proceed through one aggregator in order for the messages to reach their intended destination. However, there is absolutely no empirical evidence that the toll-free texting marketplace is exposed to fraud or is a market failing in any way.”
Software company Zipwhip agreed there's no need for further FCC action. “Proponents of Commission intervention have not presented any evidence that current verification procedures are inadequate,” Zipwhip said. "They have conjured a few theoretical concerns that the procedures might be defeated, but they’ve presented no evidence that these theoretical harms are occurring or even are likely to occur.”
“There has yet been no clear demonstration of a problem warranting new regulations,” Free State Foundation said. “In the absence of meaningful evidence indicating a market failure, and in the face of ongoing self-regulatory efforts, the Commission should not apply regulations initially intended for Title II toll free telephone services to text messaging and other messaging services that meet the definition of an ‘information service’ under Title I” of the Communications Act.