Goto Section: 64.3004 | 64.4000 | Table of Contents
FCC 64.3100
Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 64.3100 Restrictions on mobile service commercial messages.
(a) No person or entity may initiate any mobile service commercial message,
as those terms are defined in paragraph (c)(7) of this section, unless:
(1) That person or entity has the express prior authorization of the
addressee;
(2) That person or entity is forwarding that message to its own address;
(3) That person or entity is forwarding to an address provided that
(i) The original sender has not provided any payment, consideration or other
inducement to that person or entity; and
(ii) That message does not advertise or promote a product, service, or
Internet website of the person or entity forwarding the message; or
(4) The address to which that message is sent or directed does not include a
reference to a domain name that has been posted on the FCC's wireless domain
names list for a period of at least 30 days before that message was
initiated, provided that the person or entity does not knowingly initiate a
mobile service commercial message.
(b) Any person or entity initiating any mobile service commercial message
must:
(1) Cease sending further messages within ten (10) days after receiving such
a request by a subscriber;
(2) Include a functioning return electronic mail address or other
Internet-based mechanism that is clearly and conspicuously displayed for the
purpose of receiving requests to cease the initiating of mobile service
commercial messages and/or commercial electronic mail messages, and that
does not require the subscriber to view or hear further commercial content
other than institutional identification;
(3) Provide to a recipient who electronically grants express prior
authorization to send commercial electronic mail messages with a functioning
option and clear and conspicuous instructions to reject further messages by
the same electronic means that was used to obtain authorization;
(4) Ensure that the use of at least one option provided in paragraphs (b)(2)
and (b)(3) of this section does not result in additional charges to the
subscriber;
(5) Identify themselves in the message in a form that will allow a
subscriber to reasonably determine that the sender is the authorized entity;
and
(6) For no less than 30 days after the transmission of any mobile service
commercial message, remain capable of receiving messages or communications
made to the electronic mail address, other Internet-based mechanism or, if
applicable, other electronic means provided by the sender as described in
paragraph (b)(2) and (b)(3) of this section.
(c) Definitions. For the purpose of this subpart:
(1) Commercial Mobile Radio Service Provider means any provider that offers
the services defined in 47 CFR Section 20.9.
(2) Commercial electronic mail message means the term as defined in the
CAN–SPAM Act, 15 U.S.C 7702 and as further defined under 16 CFR 316.3. The
term is defined as “an electronic message for which the primary purpose is
commercial advertisement or promotion of a commercial product or service
(including content on an Internet Web site operated for a commercial
purpose).” The term “commercial electronic mail message” does not include a
transactional or relationship message.
(3) Domain name means any alphanumeric designation which is registered with
or assigned by any domain name registrar, domain name registry, or other
domain name registration authority as part of an electronic address on the
Internet.
(4) Electronic mail address means a destination, commonly expressed as a
string of characters, consisting of a unique user name or mailbox and a
reference to an Internet domain, whether or not displayed, to which an
electronic mail message can be sent or delivered.
(5) Electronic mail message means a message sent to a unique electronic mail
address.
(6) Initiate, with respect to a commercial electronic mail message, means to
originate or transmit such messages or to procure the origination or
transmission of such message, but shall not include actions that constitute
routine conveyance of such message. For purposes of this paragraph, more
than one person may be considered to have initiated a message. “Routine
conveyance” means the transmission, routing, relaying, handling, or storing,
through an automatic technical process, or an electronic mail message for
which another person has identified the recipients or provided the recipient
addresses.
(7) Mobile Service Commercial Message means a commercial electronic mail
message that is transmitted directly to a wireless device that is utilized
by a subscriber of a commercial mobile service (as such term is defined in
section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)) in
connection with such service. A commercial message is presumed to be a
mobile service commercial message if it is sent or directed to any address
containing a reference, whether or not displayed, to an Internet domain
listed on the FCC's wireless domain names list. The FCC's wireless domain
names list will be available on the FCC's website and at the Commission
headquarters, 445 12th St., SW., Washington, DC 20554.
(8) Transactional or relationship message means the following and is further
defined under 16 CFR 316.3 as any electronic mail message the primary
purpose of which is:
(i) To facilitate, complete, or confirm a commercial transaction that the
recipient has previously agreed to enter into with the sender;
(ii) To provide warranty information, product recall information, or safety
or security information with respect to a commercial product or service used
or purchased by the recipient;
(iii) To provide:
(A) Notification concerning a change in the terms or features of;
(B) Notification of a change in the recipient's standing or status with
respect to; or
(C) At regular periodic intervals, account balance information or other type
of account statement with respect to a subscription, membership, account,
loan, or comparable ongoing commercial relationship involving the ongoing
purchase or use by the recipient of products or services offered by the
sender;
(D) To provide information directly related to an employment relationship or
related benefit plan in which the recipient is currently involved,
participating, or enrolled; or
(E) To deliver goods or services, including product updates or upgrades,
that the recipient is entitled to receive under the terms of a transaction
that the recipient has previously agreed to enter into with the sender.
(d) Express Prior Authorization may be obtained by oral or written means,
including electronic methods.
(1) Written authorization must contain the subscriber's signature, including
an electronic signature as defined by 15 U.S.C. 7001 (E-Sign Act).
(2) All authorizations must include the electronic mail address to which
mobile service commercial messages can be sent or directed. If the
authorization is made through a website, the website must allow the
subscriber to input the specific electronic mail address to which commercial
messages may be sent.
(3) Express Prior Authorization must be obtained by the party initiating the
mobile service commercial message. In the absence of a specific request by
the subscriber to the contrary, express prior authorization shall apply only
to the particular person or entity seeking the authorization and not to any
affiliated entities unless the subscriber expressly agrees to their being
included in the express prior authorization.
(4) Express Prior Authorization may be revoked by a request from the
subscriber, as noted in paragraph (b)(2) and (b)(3) of this section.
(5) All requests for express prior authorization must include the following
disclosures:
(i) That the subscriber is agreeing to receive mobile service commercial
messages sent to his/her wireless device from a particular sender. The
disclosure must state clearly the identity of the business, individual, or
other entity that will be sending the messages;
(ii) That the subscriber may be charged by his/her wireless service provider
in connection with receipt of such messages; and
(iii) That the subscriber may revoke his/her authorization to receive MSCMs
at any time.
(6) All notices containing the required disclosures must be clearly legible,
use sufficiently large type or, if audio, be of sufficiently loud volume,
and be placed so as to be readily apparent to a wireless subscriber. Any
such disclosures must be presented separately from any other authorizations
in the document or oral presentation. If any portion of the notice is
translated into another language, then all portions of the notice must be
translated into the same language.
(e) All CMRS providers must identify all electronic mail domain names used
to offer subscribers messaging specifically for wireless devices in
connection with commercial mobile service in the manner and time-frame
described in a public notice to be issued by the Consumer & Governmental
Affairs Bureau.
(f) Each CMRS provider is responsible for the continuing accuracy and
completeness of information furnished for the FCC's wireless domain names
list. CMRS providers must:
(1) File any future updates to listings with the Commission not less than 30
days before issuing subscribers any new or modified domain name;
(2) Remove any domain name that has not been issued to subscribers or is no
longer in use within 6 months of placing it on the list or last date of use;
and
(3) Certify that any domain name placed on the FCC's wireless domain names
list is used for mobile service messaging.
[ 69 FR 55779 , Sept. 16, 2004, as amended at 70 FR 34666 , June 15, 2005]
Subpart CC—Customer Account Record Exchange Requirements
Authority: 47 U.S.C. 154, 201, 202, 222, 258 unless otherwise noted.
Source: 70 FR 32263 , June 2, 2005, unless otherwise noted.
Goto Section: 64.3004 | 64.4000
Goto Year: 2005 |
2007
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