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CGB Seeks Comment For Declaratory Ruling filed by TEXTME, Inc.

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Released: April 7, 2014


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-468

Released: April 7, 2014



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

Pursuant 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:
 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 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.

searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex


B. Lynn Follansbee, Consumer and Governmental
Affairs Bureau, Federal Communications Commission, (202) 418-1514;

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