The FCC hearing into whether SMS services and shortcodes are covered by the non-discrimination provisions of the telecom act is rolling on, with both sides arguing they need freedom to operate. The public interest groups reiterated their calls for regulation to prevent carriers blocking messages or withholding shortcodes based on the content or sender, as long as the messages are legal. Meanwhile, the carriers insist they need the freedom to choose their “marketing partners”, reports RCR News. “While it is true that wireless consumers send a text message to short code address, Public Knowledge’s request of the commission is not the ability for consumers to send text messages—consumers already enjoy that service—but the ability of companies and organizations to force wireless carriers to enter into a marketing relationship through the CSC [common short code] program,” cellular association CTIA told the FCC. “The continued misrepresentation of the real issue in this petition allows the petitioners to attempt to make this a consumer issue, when consumers are not being curtailed, marketers are. Moreover, it is consumers who would be harmed the most by the requested relief.”

The argument that the regulations will be for “marketers” is technically correct, but it is a bit disingenuous t say that it won’t benefit consumers. Carriers have delayed giving shortcodes to banks and PayPal in the past, in a manner which led people to think they were trying to prevent competition to their own banking services. Forcing people to use the carriers services for everything that can be done on a mobile phone is not in the consumers’ interest. Likewise, carriers have refused shortcodes for groups advocating unpopular or controversial points of view—the cause celebre being the refusal of Verizon (NYSE: VZ) to approve a short code for the abortion-rights group NARAL Pro-Choice America.

Carriers are still playing the spam/virus card, with T-Mobile USA arguing “the regulation they seek would prevent mobile wireless providers from protecting their customers from spam, spyware and viruses; from indecent messages; and from obscene or otherwise illegal content.” Except that the public interest groups emphasise that the regulation would only be for legal content.

• Advocacy Groups Ask For Regulation Against Text Message Blocking
• US Operators Refusing Short Codes For ‘Competing’ Services
• FCC Investigates Whether SMS, Shortcodes Come Under Non-Discrimination Provisions