**DA 04-3944**

**Released: December 17, 2004**

**THE CONSUMER & GOVERNMENTAL AFFAIRS BUREAU ANNOUNCES THE AVAILABILITY
OF AN ELECTRONIC SUBMISSION PROCESS ON DECEMBER 20, 2004 FOR CMRS
CARRIERS TO COMPLY WITH THE WIRELESS DOMAIN NAMES LIST ESTABLISHED UNDER
THE CAN-SPAM ACT**

**CG Docket No. 04-53**

On August 12, 2004, the Federal Communications Commission (Commission)
released an Order to implement the Controlling the Assault of
Non-Solicited Pornography and Marketing Act of 2003, or the CAN-SPAM Act
(*Order*).[^1] The *Order* adopts rules to protect wireless subscribers
from unwanted commercial electronic mail messages. Specifically, the
rules prohibit the transmission of commercial messages to any address
referencing an Internet domain name associated with a wireless
subscriber messaging service, unless the individual addressee has given
the sender express prior authorization.[^2] To assist the senders of
such messages in identifying wireless subscribers, the Commission's
rules require that [Commercial Mobile Radio Service (CMRS)
providers]{.underline},[^3] file with the Commission the names of all
electronic domain names used to offer electronic mail messages that are
transmitted directly to a wireless device utilized by a subscriber of a
commercial mobile service (as such term is defined in section 332(d) of
the Communications Act of 1934 (47 U.S.C. 332(d))) in connection with
such service.[^4]

On December 15, 2004, the Office of Management and Budget (OMB) approved
the information collections associated with the Commission's CAN-SPAM
rules.[^5] Therefore, we announce that on December 20, 2004, CMRS
carriers may begin submitting their wireless domain names to the
Commission for inclusion in a wireless domain names database. CMRS
carriers will have until January 21, 2004 to submit to the Commission
all of their electronic mail domain names used for wireless messaging.

CMRS carriers may begin the submission process by accessing the
following website address: <http://www.fcc.gov/cgb/policy> and clicking
on "Domain Name Data Entry For Wireless Providers Only."[^6] Any filing
party who cannot file electronically should contact the Commission's
Consumer & Governmental Affairs Bureau at (202) 418-2512 to make
alternate arrangements to submit domain names.

As stated in the *Order*, the Commission will compile the domain name
submissions into the Commission's wireless domain names list.[^7] This
list will be updated regularly as the Commission receives additional
submissions. Furthermore, CMRS carriers are responsible for the
continuing accuracy and completeness of information furnished for the
wireless domain names list.[^8] Therefore, CMRS carriers must:

1)  file any future updates to listings with the Commission not less
    than thirty (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 six (6) months of placing it on the list or
    last date of use.

The Commission will issue a second public notice announcing the date on
which the senders of commercial electronic mail, and the general public,
will have access to the list from the Commission's website. Senders of
mobile service commercial messages (MSCMs) will then have an additional
thirty (30) days from the date the wireless domain names list becomes
publicly available to comply with the rules to avoid sending MSCMs to
wireless subscribers absent express prior authorization.[^9]

**FOR FURTHER INFORMATION CONTACT:** Kelli Farmer or Ruth Yodaiken,
Consumer & Governmental Affairs Bureau, Federal Communications
Commission, 202-418-7057 (voice), <Kelli.Farmer@fcc.gov>.

**FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT**

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the
FCC is notifying the public that it received approval from OMB on
December 15, 2004 for the collection(s) of information contained in the
Commission's CAN-SPAM Act rules in 47 C.F.R. §§ 64.3100(a)(4), (d), (e),
and (f). These rules become effective upon publication of this Public
Notice in the Federal Register.

The OMB Control Number is 3060-1078. The annual reporting burden for the
collection(s) of information, including the time for gathering and
maintaining the collection of information, is estimated to be:
11,027,600 respondents, a total hour burden of 115,645,100 hours, and
\$37,105,000 in total annual costs. If you have any comments on these
burden estimates, or how we can improve the collection(s) and reduce the
burden(s) they cause you, please write to Les Smith, Federal
Communications Commission, Room 1-A804, 445 12^th^ Street, SW,
Washington, DC 20554. Please include the OMB Control Number, 3060-1078,
in your correspondence. We will also accept your comments regarding the
Paperwork Reduction Act aspects of the collections via the Internet, if
you send them to <Leslie.Smith@fcc.gov> or call (202) 418-0217.

Under 5 C.F.R. § 1320, an agency may not conduct or sponsor a collection
of information unless it displays a current valid OMB Control Number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the Paperwork Reduction Act (PRA)
that does not display a valid OMB Control Number. The OMB Control Number
is 3060-1078.

THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995,
PUBLIC LAW 104-13, OCTOBER 1, 1995, 44 U.S.C. § 3507.

-FCC-

[^1]: *Rules and Regulations Implementing the Controlling the Assault of
    Non-Solicited Pornography and Marketing Act of 2003* (CAN-SPAM Act),
    Order, 19 FCC Rcd 15927 (2004) (*Order*). The Federal Trade
    Commission (FTC) and the Department of Justice are charged with
    general enforcement of the CAN-SPAM Act, which applies to commercial
    electronic mail messages generally, not just to those sent to
    wireless devices.

[^2]: A domain name means any alphanumeric designation which is
    registered with or assigned by any domain name registrar, domain
    name registry, or other domain name registration authority as part
    of an electronic address on the Internet. An Internet domain
    reference, such as "fcc.gov," is used in standard addressing of
    electronic mail. *See* 47 C.F.R. § 64.3100(c)(3).

[^3]: CMRS providers are those providers that offer the services defined
    in 47 C.F.R. Section 20.9. *See* 47 C.F.R. § 64.3100(c)(1).

[^4]: *See* 47 C.F.R. § 64.3100(c) and *Order*, 19 FCC Rcd at 15938,
    para. 29.

[^5]: 47 C.F.R. § 64.3100.

[^6]: Each CMRS carrier must enter their submissions directly into the
    fields provided on the Domain Name Data Entry page. The first
    section of fields asks the filing party to indicate the type of
    submission: 1) submission of a new mailing domain name; 2) updated
    contact information; or 3) deletion of a mailing domain name already
    on the wireless domain names list. The next section consists of
    contact information fields, including the name of the filing party
    and the organization's address, phone number, and an email address.
    The Commission will only make public the mailing domain name
    provided in the submission, not the contact information. The final
    section allows the CMRS carrier to enter the mailing domain name(s)
    pursuant to the rules in the *Order*. Prior to submitting the
    information, the CMRS carrier must read and agree to a legal notice,
    which certifies that the domain name(s) submitted is used for mobile
    service messaging as defined in section 332(d) of the Communications
    Act of 1934 (47 U.S.C. 332(d)). The CMRS carrier completes the
    transaction by clicking "Submit."

[^7]: *See Order*, 19 FCC Rcd at 15938, para. 30. A paper version will
    also be available at the Commission's headquarters in Washington,
    D.C.

[^8]: *See* *Order*, 19 FCC Rcd at 15938, para. 29.

[^9]: *See* *Order*, 19 FCC Rcd at 15938, para. 31. We emphasize that
    the fact that a domain name was not on the list or not on the list
    for a full 30 days shall not excuse any willful violation of the
    rules on sending unwanted messages to wireless subscribers. Any
    person or entity will be considered in violation of the rules if a
    message is initiated *knowingly* to a subscriber of the applicable
    wireless service without the subscriber's express prior
    authorization, even if it is sent within 30 days of the domain name
    appearing on the list. *See Order*, 19 FCC Rcd at 15938-39, para.
    32; *see also* 47 C.F.R. § 64.3100(a)(4).