[Federal Register Volume 70, Number 114 (Wednesday, June 15, 2005)]
[Rules and Regulations]
[Pages 34665-34666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11908]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 02-278 and 04-53; DA 05-692]


Rules and Regulations Implementing the Controlling 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.

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SUMMARY: In this document, the Commission amends its rules addressing 
unwanted mobile service commercial messages to cross reference new 
definitions adopted by the Federal Trade Commission (FTC). The 
Commission has directed the Consumer & Governmental Affairs Bureau 
(CGB) to revise the regulations of the Controlling the Assault of Non-
Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act) to 
reflect updated or amended definitions in the FTC's rules.

[[Page 34666]]


DATES: Effective June 15, 2005.

FOR FURTHER INFORMATION CONTACT: Julie Saulnier, Consumer & 
Governmental Affairs Bureau at (202) 418-2512.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 05-692, adopted March 24, 2005 and released March 25, 2005. Copies 
of this document and any subsequently filed documents in this matter 
will be available for public inspection and copying during regular 
business hours at the FCC Reference Information Center, Portals II, 445 
12th Street, SW., Room CY-A257, Washington, DC 20554. The complete text 
of this decision may be purchased from the Commission's duplicating 
contractor, Best Copy and Printing Inc. (BCPI), Portals II, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554. Customers may also 
contact BCPI at their Web site: http://www.bcpiweb.com or call 1-800-
378-3160.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an e-mail to [email protected] or call the Consumer & Governmental 
Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). This 
Order can also be downloaded in Word and Portable Document Format (PDF) 
at http://www.fcc.gov/cgb/policy/canspam.html.

Synopsis

    In this document, the Commission amends its rules addressing 
unwanted mobile service commercial messages to cross reference new 
definitions adopted by the Federal Trade Commission (FTC). In adopting 
rules to implement portions of the Controlling the Assault of Non-
Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act or Act), 
the Commission directed the Consumer & Governmental Affairs Bureau 
(CGB) to revise the regulations to reflect updated or amended 
definitions in the FTC's rules. The Act gives the FTC responsibility 
for making the ultimate determination of when electronic mail is to be 
considered ``commercial'' and for refining the definitions of 
``transactional or relationship'' messages.
    On December 16, 2004, the FTC adopted its final CAN-SPAM 
definitions and implementation rules, defining the criteria for 
determining whether an electronic message is ``commercial'' in nature, 
and refining the definition of ``transactional or relationship'' 
messages. This definition rule became effective on March 28, 2005. 
Consequently, we amend our CAN-SPAM rules to reflect the FTC's newly 
adopted definitions codified at 16 CFR 316.1-316.5 and cross reference 
those definitions in our rules so that our rules will reflect any 
further revisions the FTC makes.
    Pursuant to the authority contained in sections 1-4, 222, 227 and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151-
154, 222, 227, and 303(r), and the Controlling the Assault of Non-
Solicited Pornography and Marketing Act of 2003, Public Law 108-187, 
117 Statute 2699, 15 U.S.C. 7701-7713, 18 U.S.C. 1037 and 28 U.S.C. 
994, and the authority delegated to the Consumer & Governmental Affairs 
Bureau in the Commission's CAN-SPAM Implementation Order, FCC 04-194 
(adopted August 4, 2004), this Order is adopted, and part 64 of the 
Commission's rules, 47 CFR 64.3100, is amended.

Report to Congress

    The Commission will not send a copy of this Order pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the 
adopted rules are rules of particular applicability.

List of Subjects in 47 CFR Part 64

    Telecommunications, Telephone.

Federal Communications Commission.
Monica Desai,
Acting Chief, Consumer & Governmental Affairs Bureau.

Final Rules

0
For the reasons set forth in the preamble, the Federal Communications 
Commission amends 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub. 
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C 201, 218, 222, 
225, 226, 228, and 254 (k) unless otherwise noted.


0
2. Section 64.3100 is amended by revising paragraphs (c)(2) and (c)(8) 
introductory text to read as follows:


Sec.  64.3100  Restrictions on mobile services commercial messages.

* * * * *
    (c) * * *
    (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.
* * * * *
    (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:
* * * * *
[FR Doc. 05-11908 Filed 6-14-05; 8:45 am]
BILLING CODE 6712-01-P