CGB Seeks Comment on Revolution Messaging Petition
Federal Communications Commission
News Media Information 202 / 418-0500445 12th St., S.W.
Washington, D.C. 20554
Released: October 23, 2012
CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT
ON PETITION FOR AN EXPEDITED CLARIFICATION AND DECLARATORY
RULING FROM REVOLUTION MESSAGING, LLC
CG Docket No. 02-278
Comments Due: November 23, 2012
Reply Comments Due:
December 10, 2012With this Public Notice, we seek comment on the petition for an expedited clarification and
declaratory ruling filed by Revolution Messaging, LLC.1 Revolution Messaging asks the Commission to
clarify that the Telephone Consumer Protection Act (TCPA)2 and the Commission’s related rules3 apply
to users of Internet-to-phone text messaging technology and similar technologies involving the storage
and automatic dialing of wireless telephone numbers.4 Revolution Messaging states that such a ruling
would make clear that Internet-to-phone text messaging technology is a type of “automatic telephone
dialing system” under the Commission’s rules and is therefore subject to the prohibitions in the TCPA
and the Commission’s related rules.5
Pursuant to sections 1.415 and 1.419 of the Commission’s rules,6 interested parties may file
comments and reply comments on or before the respective dates indicated on the first page of this Notice.
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
1 See Petition for Expedited Declaratory Ruling, CG Docket No. 02-278, filed by Revolution Messaging, LLC on
Jan. 19, 2012 (Petition).
2 Codified as 47 U.S.C. § 227.
3 47 C.F.R. § 64.1200.
4 Petition at 1, 10-14.
5 Id. at 15-16.
6 47 C.F.R. §§ 1.415, 1.419
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
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 firstname.lastname@example.org 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.7 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,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex
7 Id. §§ 1.1200 et seq.
FOR FURTHER INFORMATION CONTACT:Richard D. Smith, Consumer and Governmental
Affairs Bureau, Federal Communications Commission, (717) 338-2797 or email@example.com.
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