09/30/09 16:39 FAX
~002
The tragic shooting incident at Virginia Tech University in 2007 highlighted the need
for colleges and universities to be better prepared to notify students ofemergency situations
as they develop on campus. The 110th Congress recognized this need with the passage of
the Higher Education Opportunity Act of2008 (P.L. 110-315), which required colleges and
universities to "immediately" notify their campus communities upon confirmation ofa
significant emergency.
Chairman Genachowski:
Chairman Julius Genachowski
Chainnan
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
6525 MORRISON BOULEVAfIO
SUITE 100
CHARLOTTE. NC 28211
(704) 362-1ceo
FAX: (704)367-0852
197 WEST MAIN AVENUE
GASTONIA, NC 28052
(704)861-1976
FAX: (704) _2446
W:fr
~
/(;!)-
o
o
DISTRICT OFFICES:
~30CANNON HOUSE OFFla; BUILDING
~WAs><'NGTON. DC 20515
(202122&-1976
FAX: (202) 225-3389
QCongrt55 of tbt Wnittb~tatt5
1!}ou5e of i\eprt5tntatlbt5
Ua~tngton,~Qt20515
September 30, 2009
FINANCIAL SERVICES
(ON LEAVEI
SUE MYRICK
9TH DISTRICT, NORTH CAROLINA
COMMITTEES:
ENERGY AND COMMERCE
WEBSITE:h~p:lJwww.hou.e.gov/mvrlclc
SUBCOMMITTEES ON;
HEALTH
COMMERCE. TRADE, ANO CONSUMER PROTECTION
ENERGY AND AIR QUAUTY
Colleges and universities take this requirement seriously, and as a result many use short
message service (SMS) messaging as an integral component oftheir emergency
notification process. In fact, each ofthe 17 campuses ofThe University ofNorth Carolina
use SMS messaging as an effective, quick and inexpensive way to communicate vital
public safety infonnation to their campus communities.
While maximum enrollment in campus-based emergency text messaging programs
allows for expedited notifications, UNC campuses (and most colleges and universities) do
not require enrollment in the programs; rather these campuses allow students, faculty and
staffto voluntarily opt-in to receive emergency text messages on their cell phones. Prior to
registration, UNC campuses prompt registrants to acknowledge that enrollment in the
program is voluntary and that while no separate fees are incurred by their inclusion; they
are nevertheless subject to the standard SMS fees oftheir cell phone service providers.
In order to utilize the aforementioned bulk text messaging services, campuses must
contract with third party SMS aggregators which are responsible for delivering the
emergency text messages to individual cell phones. Typically, the SMS aggregators have
multiple clients which originate a variety oftext messages for both commercial and non 
commercial uses; however the messages originating from UNC campuses (and most
colleges and universities) are for emergency communications only.
SMS aggregators now require device specific enrollment for campus-based emergency
notification systems in addition to the campus-initiated "opt in" process. This device
specific enrollment requirement results from an interpretation by wireless service providers
ofthe Controlling the Assault ofNon-Solicited Pornography and Marketing (CAN-SPAM)
PRINTED ON RECYa.EO PAPEII
09/30/09 16:39 FAX
Act of2003 (p.L. 108-187). Based upon thewi~elessproviders' interpretation ofthe CAN 
SPAM Act, SMS aggregators now send messages requesting confirmation ofenrollment to
every campus-affiliated wireless phone number that had previously opted-in to receive
emergency text messages. TIlis additional opt-in requirement negatively impacts
enrollment in emergency text messaging programs. According to. UNC public safety
officials, almost 50% ofthose who opt into an emergency notification system ignore
messages from aggregators asking that their enrollment be confIrmed (possibly not
realizing that failure to respond will exclude them from receiving emergency notifications).
Such notification exclusions' could unnecessarily place members ofcampus communities in
dangerous situations.
As you know, the Act contemplates "commercial messages" delivered to wireless
devices but makes no express distinction between emergency notification messages from
other bulk messages delivered for entertainment/marketing purposes. Further, it is clear
that colleges and universities have a relationship with students, faculty and staffand that
the emergency messages sent by colleges and universities are indeed not commercial in
nature. Clearly, this is an unintended consequence ofthe CAN-SPAM Act and is
inconsistent with the spirit ofand the action required in the Higher Education Opportunity
Act.
We appreciate the lengths to which wireless providers and SMS aggregators are going
to comply with the CAN-SPAM Act. However, we believe' that Congress never intended
for emergency notifications to be treated the same as commercial messages, particularly if
such action were to degrade communication in an emergency situa:tion. We request a
written interpretation from the FCC that will clarify its position ofthe CAN-SPAM Act
with respect to the distinction between commercial'and emergency SMS correspondence,
. and what additional enrollment conditions, ifany, must be met in order to provide
emergency notification to cell phone owners which have previously chosen to receive such
notifications.
I appreciate your consideration ofour concern fot ensuring safety on college and university
campuses across North Carolina and our nation. Ifyou have any questions or require any
additionalinforrnation, please feel free to contact Andy Polk in my office at 202-225-1976. '
Sincerely,
hMUynl./·Clk,IVYv.....,~"'1;
Member ofCongress
cc: MeredithAttw~llBaker, Commissioner
Mignon L. Clyburn, Commissioner
Robert. Malcolm McDowell, Commissioner
Michael J. Copps, Commissioner
141003
~OCANNONHOUSE OFFICE llUILDING
;Jt!=l WASHINGTON. DC 20515
(202) 225-1976
FAX: (202) 225--3389
, DISTRICT OFFICE'S:
1
9/3~/0916:39 FAX
SUE MYRICK
9TH DISTRICT, NORTH CAROlINA
COMMITTEES:
ENERGY AND COMMERCE
SuaCCMM~E8ON:
HEALTH
COMMERCE. TIIADE. AND CONSUMeR PROTECTION
ENERGY ANO AIR QUALITY
FINANCIAL SERVICES
ION LEAVE I
WEBSITE: http://www.hou8e.gov/myrick
€ongrt5~of tbt Wnittb~tatt5
J!JOUSt of !\eprtSentatlbtS
Ua!'bington, J)Q[: 20515
Facsimile Transmission
Tel: (202) 225-1976 Fax: (202) 225-3389
o
o
~001
6525 MORRISON BoULeYARO
SUITE 100
CHARLOTTE. NC 29211
(704) 362-1060
. FAX: (704) 367-0852
197 WeST MAIN AV&NUE
GASTONIA. NC 2B052 ,
(704) 861-1976
FAX: (704) 964-2446
To:
Fax#:
From:
Sue Myrick,
Taylor Stanford
Hollie Arnold
Andy Polk
Denyse Evans
Date:
Mattthew Dockham
Sarah Hale
Jordan Moon
Robert Moore
Kevin Klein
Time:
------------
Notes:
Number ofSheets to Follow: _
(please call 202-225-1976 if there are any problems with this facsimile)
Conndentiality Note: The Information in this facsimile message is legally privileged and conndential
information intended only for the use of the individual or entity named above. Ifthe reader ofthis message is
not the intended reclpient"you are hereby notified that any dissemination, distribution, or copy of this
facsimile message is strictly prohibited. Ifyou have received this facsimile message in 'error, please
immediately notify us by telephone and return the original message to us at the address listed above via the
U.S. Postal Service. Thank you.
PRINTED ON RECYClED PAPER