15 U.S.C. § 7712 : US Code - Section 7712: Application to wireless

Search 15 U.S.C. § 7712 : US Code - Section 7712: Application to wireless

(a) Effect on other law
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.
(b) FCC rulemaking
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) -
(1) 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);
(2) allow recipients of mobile service commercial messages to
indicate electronically a desire not to receive future mobile
service commercial messages from the sender;
(3) 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 -
(A) at the time of subscribing to such service; and
(B) in any billing mechanism; and
(4) 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.
(c) Other factors considered
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.
(d) Mobile service commercial message defined
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.