A group led by Public knowledge filed a Petition for Reconsideration asking the FCC to reconsider its December 12, 2018 Order classifying SMS and MMS text messaging as information services (Title I).

The petitioners first argue that the FCC’s SMS Order creates needless legal uncertainty. The SMS Order relies on the same reasoning at issue in the net neutrality litigation with the “Restoring Internet Freedom Order,” which is under submission with the D.C. Circuit Court. It remains unclear what effect the outcome may have on the SMS Order and since SMS was not previously classified, setting aside the SMS order would likely have no policy or legal repercussions for carriers or for the FCC. Whereas if the D.C. Circuit sets aside the Restoring Internet Freedom Order, bringing broadband back under a telecommunications services (Title II) classification, there would be good argument that SMS would also be considered a Title II services, the petitioners argue.

The Title II advocates go on to slam the FCC for failing to provide public notices that the FCC would take the actions it did with respect to SMS texts. They argue that the final SMS Order introduces new legal errors that were not in the draft and petitioners, therefore, were not given an opportunity to respond to the errors.

Lastly, the petitioners state that the Order fails to consider the effect of the Title I classification decision on consumer privacy and appears to potentially limit the ability of schools and teachers to contact parents and students. As such, they argue that the Commission should seek comment on whether the Title I classification would harm the education and nonprofit community.

The petition can be found HERE.