[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Rules and Regulations]
[Pages 10894-10895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4344]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 04-53; FCC 04-194; DA 05-331]


Rules and Regulations Implementing the Controlling the Assault of 
Non-Solicited Pornography and Marketing Act of 2003

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of list of wireless domain names now 
available to public.

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SUMMARY: In this document the Consumer & Governmental Affairs Bureau, 
on delegated authority from the Federal Communications Commission 
(Commission), announces the publication of the list of wireless domain 
names, in accordance with an order previously approved by the 
Commission and information collections requirements previously approved 
by the Office of Management and Budget, both of which were already 
published in the Federal Register.

DATES: Persons or entities sending Mobile Service Commercial Messages 
without prior express authorization from individual wireless 
subscribers must comply by March 10, 2005.

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

FOR FURTHER INFORMATION CONTACT: Kelli Farmer, Consumer Policy 
Division, Consumer & Governmental Affairs Bureau at (202) 418-2512 
(voice), or e-mail [email protected].

SUPPLEMENTARY INFORMATION: On August 12, 2004, the Commission released 
an Order, In the Matter of Rules and Regulations Implementing the 
Controlling the Assault of Non-Solicited Pornography and Marketing Act 
of 2003, FCC 04-194, published at 69 FR 55765, September 16, 2004 and 
most of the rules were effective October 18, 2004. On December 15, 
2003, OMB approved the remaining rules, 47 CFR 64.3100(a)(4), (d), (e) 
and (f), for three years. OMB Control No. 3060-1078. On December 17, 
2004, the Consumer & Governmental Affairs Bureau issued a notice of the 
effective date of the rules, gave a deadline for Commercial Mobile 
Radio Service (CMRS) carriers to supply the required information, and 
stated that the Commission would issue a second public notice 
announcing the date on which senders and the general public will have 
access to the list, 69 FR 77141, December 27, 2004. The notice stated 
further, as did the Order itself that senders would then have an 
additional thirty (30) days from the date that the list becomes 
publicly available to comply with the rules.

Synopsis

    On February 7, 2005, the Federal Communications Commission 
(Commission) first made available to the public a list of wireless 
domain names that are used to transmit electronic messages to 
subscribers of commercial mobile service, such as cellular service, 
Personal Communications Service (PCS) and enhanced Specialized Mobile 
Radio Services (SMRS). This list is published in accordance with the 
Commission's Order implementing the Controlling the Assault of Non-
Solicited Pornography and Marketing Act of 2003, or the CAN-SPAM Act 
(Order).
    The Order adopted rules to protect wireless subscribers from 
unwanted commercial electronic mail messages. Specifically, the rules 
prohibit initiating or sending most electronic commercial messages to 
any address associated with subscription to wireless service, unless 
the individual addressee has given the sender express prior 
authorization. To assist senders of commercial messages in identifying 
the addresses that belong to wireless subscribers, the Order required 
first that wireless service providers supply the FCC with the names of 
the relevant mail domain names.
    The list of wireless mail domain names can be seen and downloaded 
in several formats from http://www.fcc.gov/cgb/policy by clicking on 
``Download Registered Domain Names.'' The list includes the portions of 
electronic mail addresses that can be found after the ``@'' symbol in 
wireless subscriber addresses, used for sending both text messages and 
e-mail. Some CMRS providers have supplied full mail domain names, which 
take up all the characters to the right of the ``@'' symbol in such 
addresses, while others have listed subdomain names used for wireless 
service. (For example, if a wireless subscriber's e-mail address was 
mobile.fcceg.gov">JohnDoe@mobile.fcceg.gov, the carrier could have registered 
``mobile.fcceg.gov.'' Alternatively, the carrier could have registered 
``fcceg.gov,'' as long as all such subscriber addresses including that 
domain name would be for commercial mobile service. Hence, the 
prohibition applies for all subscriber addresses that include any 
listed subdomain or domain name. For example, a listing of 
``fcceg.gov'' would cover all subscribers with ``fcceg.gov'' in their 
electronic addresses, including fcceg.gov">JohnDoe@fcceg.gov, 
mobile.fcceg.gov">JohnDoe@mobile.fcceg.gov and [email protected].) The prohibition 
discussed below applies to all electronic addresses that include the 
mail domain names in this list, whether they be the full mail domain 
name used in the address or just the portion of the name furthest to 
the right.
    As explained in the Order, senders of mobile service commercial 
messages (MSCMs) have thirty (30) days from the date the list became 
publicly available to comply with the prohibition on initiating MSCMs 
to any electronic mail address that references any domain names on the 
list, unless they have received express prior authorization or the 
message falls under any other exceptions to the rule. A commercial 
message is presumed to be an MSCM 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. We 
remind senders that any person or entity that initiates or sends a 
message to an address that they otherwise know to be associated with a 
wireless subscription will be in violation of our rules, regardless of 
how long the domain name has been on the published list We note also 
that the prohibition applies only to ``commercial electronic mail 
messages'' as they are defined in our rules, not to ``transactional or 
relationship'' messages, such as those sent regarding product safety or 
security information, notification to facilitate a commercial 
transaction, and notification about changes in terms, features, or the 
customer's account status.
    The official list, which includes the date that each mail domain 
name was added to the list, will be updated regularly. Those members of 
the public who rely upon the list to identify wireless domain names are 
urged to check the list monthly. A paper version will be available at 
the Commission's headquarters in Washington, DC. Any party who cannot 
access the list electronically and needs to view a paper

[[Page 10895]]

version should contact the Commission's Consumer & Governmental Affairs 
Bureau. Anyone that believes a domain name has been omitted or added in 
error should contact the Bureau as well.
    On December 17, 2004, the Commission issued a public notice 
announcing that Commercial Mobile Radio Service (CMRS) carriers were 
required to submit their wireless domain names used for the applicable 
wireless messaging services to the Commission for inclusion in a 
wireless domain names database. The deadline for initial submissions 
was January 21, 2005. (We note that it was recently brought to our 
attention that this earlier public notice, 69 FR 77141, December 27, 
2004, contained a typographical error in that it listed the January 21, 
2005 deadline as January 21, 2004. While we do not believe that it 
caused any confusion for carriers, we ask that any carrier that 
experienced difficulty complying with the rules because of the error 
contact the Policy Division immediately). Further, CMRS carriers are 
responsible for the continuing accuracy and completeness of information 
furnished for the wireless domain names list.
    As provided in 47 CFR 64.3100, no person or entity may initiate any 
mobile service commercial message unless:
    (1) That person or entity has the express prior authorization of 
the addressee as described in 47 CFR 64.3100(d); or
    (2) That person or entity is forwarding that message to its own 
address; or
    (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 Web site 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.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-4344 Filed 3-4-05; 8:45 am]
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