(a) No person or entity may initiate any mobile service commercial message, as those terms are defined in paragraph (c)(7) of this section, unless:
(1) That person or entity has the express prior authorization of the addressee;
(2) That person or entity is forwarding that message to its own address;
(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 website 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.
(b) Any person or entity initiating any mobile service commercial message must:
(1) Cease sending further messages within ten (10) days after receiving such a request by a subscriber;
(2) Include a functioning return electronic mail address or other Internet-based mechanism that is clearly and conspicuously displayed for the purpose of receiving requests to cease the initiating of mobile service commercial messages and/or commercial electronic mail messages, and that does not require the subscriber to view or hear further commercial content other than institutional identification;
(3) Provide to a recipient who electronically grants express prior authorization to send commercial electronic mail messages with a functioning option and clear and conspicuous instructions to reject further messages by the same electronic means that was used to obtain authorization;
(4) Ensure that the use of at least one option provided in paragraphs (b)(2) and (b)(3) of this section does not result in additional charges to the subscriber;
(5) Identify themselves in the message in a form that will allow a subscriber to reasonably determine that the sender is the authorized entity; and
(6) For no less than 30 days after the transmission of any mobile service commercial message, remain capable of receiving messages or communications made to the electronic mail address, other Internet-based mechanism or, if applicable, other electronic means provided by the sender as described in paragraph (b)(2) and (b)(3) of this section.
(c)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(i) To facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender;
(ii) To provide warranty information, product recall information, or safety or
(iii) To provide:
(A) Notification concerning a change in the terms or features of;
(B) Notification of a change in the recipient's standing or status with respect to; or
(C) At regular periodic intervals, account balance information or other type of account statement with respect to a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the sender;
(D) To provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or
(E) To deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender.
(d)
(1) Written authorization must contain the subscriber's signature, including an electronic signature as defined by 15 U.S.C. 7001 (E-Sign Act).
(2) All authorizations must include the electronic mail address to which mobile service commercial messages can be sent or directed. If the authorization is made through a website, the website must allow the subscriber to input the specific electronic mail address to which commercial messages may be sent.
(3) Express Prior Authorization must be obtained by the party initiating the mobile service commercial message. In the absence of a specific request by the subscriber to the contrary, express prior authorization shall apply only to the particular person or entity seeking the authorization and not to any affiliated entities unless the subscriber expressly agrees to their being included in the express prior authorization.
(4) Express Prior Authorization may be revoked by a request from the subscriber, as noted in paragraph (b)(2) and (b)(3) of this section.
(5) All requests for express prior authorization must include the following disclosures:
(i) That the subscriber is agreeing to receive mobile service commercial messages sent to his/her wireless device from a particular sender. The disclosure must state clearly the identity of the business, individual, or other entity that will be sending the messages;
(ii) That the subscriber may be charged by his/her wireless service provider in connection with receipt of such messages; and
(iii) That the subscriber may revoke his/her authorization to receive MSCMs at any time.
(6) All notices containing the required disclosures must be clearly legible, use sufficiently large type or, if audio, be of sufficiently loud volume, and be placed so as to be readily apparent to a wireless subscriber. Any such disclosures must be presented separately from any other authorizations in the document or oral presentation. If any portion of the notice is translated into another language, then all portions of the notice must be translated into the same language.
(e) All CMRS providers must identify all electronic mail domain names used to offer subscribers messaging specifically for wireless devices in connection with commercial mobile service in the manner and time-frame described in a public notice to be issued by the Consumer & Governmental Affairs Bureau.
(f) Each CMRS provider is responsible for the continuing accuracy and completeness of information furnished for the FCC's wireless domain names list. CMRS providers must:
(1) File any future updates to listings with the Commission not less than 30 days before issuing subscribers any new or modified domain name;
(2) Remove any domain name that has not been issued to subscribers or is no longer in use within 6 months of placing it on the list or last date of use; and
(3) Certify that any domain name placed on the FCC's wireless domain names list is used for mobile service messaging.
At 69 FR 55779, Sept. 16, 2004, § 64.3100 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.