15 U.S.C. § 7712 — Application to wireless
submitted 23 years ago by Pub. L. 108-187 to r/title-15-COMMERCE-AND-TRADE · 356 words · no verdicts yet
This section preserves specified communications laws and directs the FCC to regulate unwanted commercial messages sent to wireless devices. It defines “mobile service commercial message” for this section.
(a) Other law. Nothing in this chapter prevents or overrides 47 U.S.C. § 227 or rules under section 6102 of this title.
(b) FCC rules. After consulting the Federal Trade Commission*, the Federal Communications Commission must issue rules within 270 days to protect consumers from unwanted mobile service commercial messages. Consistent with (c), the FCC must (1) let commercial mobile-service subscribers avoid such messages unless they gave the sender express prior permission, subject to paragraph (3); (2) let recipients electronically say they do not want future messages from the sender; (3) consider the relationship between providers and subscribers when deciding whether paragraph (1) applies to providers, but if it does not apply, require providers, in addition to the rest of this chapter, to let subscribers opt out from the provider when subscribing and through any billing mechanism; and (4) decide how senders can comply while considering the technical features and functional and character limits of receiving devices.
(c) Other factor. The FCC must consider whether a sender can reasonably determine that a commercial email is a mobile service commercial message.
(d) Definition. “Mobile service commercial message” means a commercial electronic mail message* sent directly to a wireless device used by a commercial mobile-service subscriber in connection with that service. “Commercial mobile service” is defined by 47 U.S.C. § 332(d); this section does not otherwise define the quoted terms.
Nothing in this chapter shall be interpreted to preclude or override the applicability of section 227 of title 47 or the rules prescribed under section 6102 of this title.
The Federal Communications Commission*, in consultation with the Federal Trade Commission, shall promulgate rules within 270 days to protect consumers from unwanted mobile service commercial messages. The Federal Communications Commission, in promulgating the rules, shall, to the extent consistent with subsection (c)—
provide subscribers to commercial mobile services the ability to avoid receiving mobile service commercial messages unless the subscriber has provided express prior authorization to the sender, except as provided in paragraph (3);
allow recipients of mobile service commercial messages to indicate electronically a desire not to receive future mobile service commercial messages from the sender;
take into consideration, in determining whether to subject providers of commercial mobile services to paragraph (1), the relationship that exists between providers of such services and their subscribers, but if the Commission determines that such providers should not be subject to paragraph (1), the rules shall require such providers, in addition to complying with the other provisions of this chapter, to allow subscribers to indicate a desire not to receive future mobile service commercial messages from the provider—
at the time of subscribing to such service; and
in any billing mechanism; and
determine how a sender of mobile service commercial messages may comply with the provisions of this chapter, considering the unique technical aspects, including the functional and character limitations, of devices that receive such messages.
The Federal Communications Commission shall consider the ability of a sender of a commercial electronic mail message* to reasonably determine that the message is a mobile service commercial message.
In this section, the term “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 commercial mobile service (as such term is defined in section 332(d) of title 47) in connection with such service.
Source credit: (Pub. L. 108–187, § 14, Dec. 16, 2003, 117 Stat. 2718.)
- 2003Enacted · Pub. L. 108-187 · 117 Stat. 2718
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-187 on 2003-12-16.
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