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The FCC is requiring all carriers and interconnected...

The FCC is requiring all carriers and interconnected text messaging providers to send an automatic bounceback text message to consumers where text-to-911 service is not available, it said in an order released Friday. The order had been adopted May 8…

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on a 4-0 vote with Commissioner Ajit Pai concurring. The nation’s four largest carriers, Verizon Wireless, AT&T, Sprint Nextel and T-Mobile, have already committed to providing bounceback messages by June 30. The requirement now applies to other carriers and interconnected “over-the-top” text providers by Sept. 30 (http://fcc.us/12PR7sF). “Requiring all CMRS providers and interconnected text providers to implement a bounce-back mechanism is particularly important because while deployment of text-to-911 has begun, the transition is still in the very early stages and will not be uniform,” the order said. “During the transition, text-to-911 will be available in certain geographic areas sooner than it is available in others and may be supported by certain service providers but not by others. At the same time, as text-to-911 becomes more widely available, it is likely to generate increased consumer expectations as to its availability, which makes it increasingly important for consumers to be made aware when it is not available in an emergency.” “For too long, when a call for help went out as a text message, the only response was painful silence,” said Commissioner Jessica Rosenworcel. “But no one should be left wondering in an emergency if they have been heard.” Pai’s concurrence notes that he has fundamental questions about the FCC’s jurisdiction arguments. “I cannot support the lengthy legal analysis contained in this item, which offers a grab bag of theories, some far-reaching and questionable,” he said. “For example, the Commission today claims sweeping authority to prescribe ‘rules that prevent the transmission of potentially misleading text messages.’ This remarkable assertion of power raises serious First Amendment questions and should give pause to anyone who has ever sent a ‘potentially misleading’ text message."