Federal Communications Commission.
Final rule.
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.
Effective June 15, 2005.
Julie Saulnier, Consumer & Governmental Affairs Bureau at (202) 418–2512.
This is a summary of the Commission's
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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
The Commission will not send a copy of this
Telecommunications, Telephone.
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.
(c) * * *
(2)
(8)