Ultimately, the control of SMS (Short Message Service) is shared between regulatory bodies like the FCC and cellular carriers.
Here's a breakdown of how this control is distributed:
Regulatory Oversight: The FCC's Role
- The Federal Communications Commission (FCC) plays a significant role in setting the guidelines and regulations for SMS in the United States.
- CAN-SPAM Act Influence: While primarily focused on email, the CAN-SPAM Act directs the FCC to create rules regarding commercial messaging, which includes SMS. This impacts aspects like opt-in/opt-out requirements.
- Compliance: Businesses using SMS for marketing or commercial purposes must adhere to the FCC's regulations to avoid penalties. This includes obtaining consent before sending messages.
Cellular Carriers' Influence
- Infrastructure and Network Control: Cellular carriers own and manage the infrastructure that transmits SMS messages. This gives them substantial control over message delivery.
- Filtering and Blocking: Carriers can filter or block SMS messages that violate their terms of service or are suspected of being spam.
- Specific Rules and Policies: Each carrier has its own specific rules and policies related to SMS usage, which businesses need to understand and comply with. For example, they might have limitations on message frequency or content.
In Practice
Control isn't absolute. The FCC sets the broad rules, but carriers implement them and have discretion in enforcing their own policies. A business sending legitimate SMS messages must comply with both FCC regulations and the specific rules of the carriers through which their messages are being sent.
Examples
- Marketing Texts: If a company sends unsolicited marketing texts without prior consent, it is violating FCC regulations and could face fines. Carriers may also block the company's messages.
- Spam Filtering: Carriers employ sophisticated spam filters that analyze message content, sending patterns, and other factors to identify and block unwanted messages.
