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CGB Seeks Comment For Expedited Declaratory Ruling Filed By Glide Talk

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Released: December 2, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-2303

Released: December 2, 2013



CG Docket No. 02-278

Comment Date


January 3, 2014
Reply Comment Date


January 21

, 2014
On October 28, 2013, Glide Talk, Ltd. (Glide Talk) filed a petition for expedited declaratory
ruling requesting that the Commission clarify certain aspects of the Telephone Consumer Protection Act
(TCPA).1 Glide Talk states that it provides a video messaging service application (Glide App) that can be
used on certain mobile devices to enable communications through video messaging.2 Glide Talk claims
that, although its service does not rely on text messaging for its primary functionality, it offers its users
the ability to invite other parties to install Glide App using Short Messaging Service (SMS) text
messages.3 Glide Talk indicates that the user controls these invitations and chooses the recipients of these
text messages from their own contact list.4 Glide Talk states that, as a result, Glide App merely provides
a mechanism through which the user may send a text message invitation.5
Glide Talk states that Glide App does not have the capacity to generate random or sequential
numbers and should not be deemed an “automatic telephone dialing system” (autodialer) under the
TCPA’s definition.6 Glide Talk asks the Commission to clarify that the TCPA’s restrictions on the use of
autodialers to call wireless numbers applies only to equipment that could, at the time of the call, be used
to store or generate sequential or randomized telephone numbers.7 Glide Talk additionally argues that,
even if the equipment used by the Glide App to generate text messages is characterized as autodialing

1 See Petition of Glide Talk, Ltd. for Expedited Declaratory Ruling, CG Docket No. 02-278, filed by Glide Talk,
Ltd. on Oct. 28, 2013 (Petition).
2 Id. at 2-3.
3 Id. at 3 (noting that “usability for any individual depends on whether the individual’s friends and family members
also are users of the Glide App”).
4 Id.
5 Id. at 3-4.
6 Id. at 13.
7 See id. at 9-13.

equipment, text messages sent by the application’s user are not initiated by Glide Talk and it should not
be deemed the responsible party for violations of the TCPA.8 In addition, Glide Talk contends that the
Commission should confirm that the provision of a contact’s phone number by a consumer constitutes
prior consent to be sent a text message from the Glide App user.9 Alternatively, Glide Talk suggests that,
if the Commission declines to issue a declaratory ruling, the Commission should grant a retroactive
waiver or exempt the Glide App text messages from the TCPA’s rules.10 We seek comment on the issues
raised in the Petition.
By way of background, and in relevant part, the TCPA prohibits making “any call (other than a
call made for emergency purposes or made with the prior express consent of the called party) using any
automatic telephone dialing system or an artificial or prerecorded voice” to any telephone number
assigned to a cellular telephone service.11 The TCPA defines an autodialer as “equipment which has the
capacity - (A) to store or produce telephone numbers to be called, using a random or sequential number
generator; and (B) to dial such numbers.”12 In 2003, the Commission confirmed that the TCPA’s
prohibition on autodialers encompasses both voice and text messaging calls, including SMS calls.13
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.

8 Id. at 14.
9 Id. at 16.
10 Id. at 5, n.9 (contending that “[t]he Glide App’s user-initiated invitation messages do not adversely affect the
privacy rights of recipients because they are caused to be sent by a user to recipients with whom the user has a prior
social, familial, or professional relationship”).
11 See 47 U.S.C. § 227(b)(1)(A); 47 C.F.R § 64.1200(a)(1).
12 See 47 U.S.C. § 227(a)(1); see also 47 C.F.R. § 64.1200(f)(2).
13 See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-
278, Report and Order, 18 FCC Rcd 14014, 14115, para. 165 (2003).

 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.14 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


Richard D. Smith, Consumer and Governmental
Affairs Bureau, Federal Communications Commission, (717) 338-2797 or

14 47 C.F.R. §§ 1.1200 et seq.

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