[Federal Register Volume 69, Number 247 (Monday, December 27, 2004)]
[Rules and Regulations]
[Pages 77141-77143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28178]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 04-53; DA 04-3944; FCC 04-194]


Rules and Regulations Implementing the Controlling of the Assault 
of Non-Solicited Pornography and Marketing Act of 2003; Rules and 
Regulations Implementing the Telephone Consumer Protection Act of 1991

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office

[[Page 77142]]

of Management and Budget (OMB) has approved for three years the 
information collections contained in the Commission's rules at Sec.  
64.3100(a)(4), (d), (e), and (f). We also announce that now that OMB 
has approved the rules, Commercial Mobile Radio Service (CMRS) carriers 
will have until January 21, 2004 to submit all of their electronic mail 
domain names for wireless messaging to the Commission for inclusion in 
a wireless domain names database.

DATES: 47 CFR 64.3100(a)(4), (d), (e), and (f) published at 69 FR 
55765, September 16, 2004, are effective December 27, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC, 20554.

FOR FURTHER INFORMATION CONTACT: Ruth Yodaiken at 202-418-2512, 
Consumer & Governmental Affairs Bureau, [email protected].

SUPPLEMENTARY INFORMATION: On August 12, 2004, the Commission released 
an Order, In the Matter of Rules and Regulations Implementing the 
Controlling of the Assault of Non-Solicited Pornography and Marketing 
Act of 2003, published at 69 FR 55765 (September 16, 2004). 47 CFR 
64.3100 (a)(4), (d), (e) and (f) of the Commission's rules implementing 
the Controlling of the Assault of Non-Solicited Pornography and 
Marketing Act of 2003 (CAN-SPAM Act), which contain information 
collections, were approved by OMB for three years on December 15, 2004. 
OMB Control No. 3060-1078. The Commission publishes this notice of the 
effective date of the rules. If you have any comments on the burden 
estimates, or how we can improve the collection(s) and reduce the 
burden(s) they cause you, please write to Les Smith, Federal 
Communications Commission, Room 1-A804, 445 12th Street, SW., 
Washington, DC 20554. Please include the OMB Control Number, 3060-1078, 
in your correspondence. We will also accept your comments regarding the 
Paperwork Reduction Act aspects of the collections via the Internet, if 
you send them to [email protected] or call (202) 418-0217.

Synopsis

    On August 12, 2004, the Commission released an Order to implement 
the Controlling of the Assault of Non-Solicited Pornography and 
Marketing Act of 2003, or the CAN-SPAM Act (69 FR 55765, September 16, 
2004). The Order adopts rules to protect wireless subscribers from 
unwanted commercial electronic mail messages. Specifically, the rules 
prohibit the transmission of commercial messages to any address 
referencing an Internet domain name associated with a wireless 
subscriber messaging service; unless the individual addressee has given 
the sender express prior authorization. To assist the senders of such 
messages in identifying wireless subscribers, the Commission's rules 
require that Commercial Mobile Radio Service (CMRS) providers file with 
the Commission the names of all electronic domain names used to offer 
electronic mail messages that are transmitted directly to a wireless 
device 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.
    On December 15, 2004, the Office of Management and Budget (OMB) 
approved the information collections associated with the Commission's 
CAN-SPAM rules. Therefore, we announce that CMRS carriers will have 
until January 21, 2004 to submit to the Commission all of their 
electronic mail domain names used for wireless messaging.
    CMRS carriers may begin the submission process by accessing the 
following Web site address: http://www.fcc.gov/cgb/policy and clicking 
on ``Domain Name Data Entry for Wireless Providers Only.'' Each CMRS 
carrier must enter their submissions directly into the fields provided 
on the Domain Name Data Entry. The first section of fields asks the 
filing party to indicate the type of submission: (1) Submission of a 
new mailing domain name, (2) updated contact information, or (3) 
deletion of a mailing domain name already on the wireless domain names 
list. The next section consists of contact information fields, 
including the name of the filing party and the organization's address, 
phone number, and an e-mail address. The Commission will only make 
public the mailing domain name provided in the submission, not the 
contact information. The final section allows the CMRS carrier to enter 
the mailing domain name(s) pursuant to the rules in the Order. Prior to 
submitting the information, the CMRS carrier must read and agree to a 
legal notice, which certifies that the domain name(s) submitted is used 
for mobile service messaging as defined in section 332(d) of the 
Communications Act of 1934 (47 U.S.C. 332(d)). The CMRS carrier 
completes the transaction by clicking ``Submit.'' Any filing party who 
cannot file electronically should contact the Commission's Consumer & 
Governmental Affairs Bureau at (202) 418-2512 to make alternate 
arrangements to submit domain names.
    As stated in the Order, the Commission will compile the domain name 
submissions into the Commission's wireless domain names list. A paper 
version will also be available at the Commission's headquarters in 
Washington, DC. This list will be updated regularly as the Commission 
receives additional submissions. Furthermore, CMRS carriers are 
responsible for the continuing accuracy and completeness of information 
furnished for the wireless domain names list. Therefore, CMRS carriers 
must:
    (1) File any future updates to listings with the Commission not 
less than thirty (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 six (6) months of placing it on the list 
or last date of use.
    The Commission will issue a second public notice announcing the 
date on which the senders of commercial electronic mail, and the 
general public, will have access to the list from the Commission's Web 
site. Senders of mobile service commercial messages (MSCMs) will then 
have an additional thirty (30) days from the date the list becomes 
publicly available to comply with the rules to avoid sending MSCMs to 
wireless subscribers absent express prior authorization. We emphasize 
that the fact that a domain name was not on the list or not on the list 
for a full 30 days shall not excuse any willful violation of the rules 
on sending unwanted messages to wireless subscribers. Any person or 
entity will be considered in violation of the rules if a message is 
initiated knowingly to a subscriber of the applicable wireless service 
without the subscriber's express prior authorization, even if it is 
sent within 30 days of the domain name appearing on the list.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received approval for 
three years from OMB on December 15, 2004 for the collection(s) of 
information contained in the Commission's CAN-SPAM rules at 47 CFR 
64.3100. The OMB Control Number is 3060-1078. The annual reporting 
burden for this collection(s) of information, including the time for 
gathering and maintaining the collection of information, is estimated 
to be: 11,027,600 respondents, a total annual hour burden of 
115,645,100 hours, and $37,105,000 in total annual costs.

[[Page 77143]]

    Under 5 CFR 1320, an agency may not conduct or sponsor a collection 
of information unless it displays a current valid OMB Control Number. 
No person shall be subject to any penalty for failing to comply with a 
collection of information subject to the Paperwork Reduction Act (PRA) 
that does not display a valid OMB Control Number. The OMB Control 
Number is 3060-1078.
    The Foregoing notice is required by the Paperwork Reduction Act of 
1995, Pub. L. 104-13, October 1, 1995, 44 U.S.C. 3507.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-28178 Filed 12-23-04; 8:45 am]
BILLING CODE 6712-01-P