CONCURRING STATEMENT OF
COMMISSIONER MICHAEL O’RIELLYRe:
Cargo Airline Association Petition for Expedited Declaratory Ruling; Rules and Regulations
Implementing the Telephone Consumer Protection Act of 1991; CG Docket No. 02-278
GroupMe, Inc./Skype Communications S.A.R.L Petition for Expedited Declaratory Ruling; Rules
and Regulations Implementing the Telephone Consumer Protection Act of 1991; CG Docket No.
I concur with these two items because of the good that they accomplish. They will provide much needed
clarity in an area where uncertainty can inhibit legitimate businesses from offering consumer-friendly
applications and services, and can breed litigation. They will also directly benefit consumers by enabling
them to receive package delivery notifications they want and expect, and by ensuring that they can take
advantage of a service that helps connect groups of friends, families, and colleagues.
My only hesitation is on the applicability of the TCPA to text messages. The TCPA was enacted in 1991
– before the first text message was ever sent. I was not at the Commission when it decided that the TCPA
does apply to text messages, and I may have approached it differently. It would have been better if the
Commission had gone back to Congress for clear guidance on the issue. I will look for opportunities, like
the ones presented here, to ensure that our rules do not stand in the way of innovation and certainty that
benefits consumers and businesses alike.
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