PUBLIC NOTICE Federal Communications Commission 445 12 th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 14-468 Released: April 7, 2014 CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON PETITION FOR EXPEDITED DECLARATORY RULING FILED BY TEXTME, INC. CG Docket No. 02-278 Comment Date: May 7, 2014 Reply Comment Date: May 22, 2014 On March 18, 2014, TextMe, Inc. (TextMe) filed a petition for declaratory ruling and clarification requesting that the Commission clarify certain aspects of the Telephone Consumer Protection Act (TCPA). 1 First, TextMe asks the Commission to clarify the meaning of the term “capacity” as used in the TCPA’s definition of “automatic telephone dialing system.” 2 Second, TextMe asks the Commission to clarify that users of TextMe’s service, instead of TextMe itself, make or send calls or text messages for purposes of the TCPA. 3 In the alternative, TextMe requests that the Commission clarify that third party consent obtained through an intermediary satisfies the TCPA’s “prior express consent” requirement for calls and texts to wireless numbers. 4 We seek comment on the issues raised in the Petition. TextMe states that it provides a free mobile telephone application (“TextMe App”) that, through TextMe’s social communications service, enables users to send and receive non-commercial texts messages to or from personal contacts in the United States, and allows the receipt of free texts and voice calls by TextMe users. 5 According to TextMe, the app also allows users to make voice calls, but users are not required to purchase an outbound calling functionality. 6 TextMe states that a currently-disabled function allows users to invite friends to use the TextMe App by sharing a message about TextMe via third-party social networks, by email, or by text message. 7 1 TextMe, Inc.’s Petition for Expedited Declaratory Ruling and Clarification, CG Docket No. 02-278, filed by TextMe, Inc. on Mar. 18, 2014 (Petition). The TCPA is codified as 47 U.S.C. § 227. 2 Petition at 3 (citing 47 U.S.C. § 227(a)(1)). 3 Id. 4 Id. 5 Id. at 4-6. 6 Id. 7 Id. at 5 2Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). ? Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. ? Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. ? Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. ? All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. ? Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. ? U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW, Washington DC 20554. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules. 8 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, 8 47 C.F.R. §§ 1.1200 et seq. 3searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. FOR FURTHER INFORMATION CONTACT: B. Lynn Follansbee, Consumer and Governmental Affairs Bureau, Federal Communications Commission, (202) 418-1514; lynn.follansbee@fcc.gov. -FCC-