**DA 07-1783**

**Released: April 19, 2007**

**THE CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REMINDS COMMERCIAL MOBILE
RADIO SERVICE PROVIDERS OF THEIR OBLIGATION TO REGISTER AND UPDATE
DOMAIN NAMES USED TO TRANSMIT ELECTRONIC MESSAGES TO WIRELESS DEVICES**

**CG Docket No. 04-53**

The Consumer & Governmental Affairs Bureau (CGB) reminds Commercial
Mobile Radio Service (CMRS) providers that, in order to protect wireless
subscribers from unwanted commercial electronic mail messages, providers
have an ongoing obligation to register and update with the Federal
Communications Commission (FCC or Commission) the wireless Internet
electronic domain names used by their subscribers for wireless
messaging. In 2003, Congress enacted the Controlling the Assault of
Non-Solicited Pornography and Marketing (CAN-SPAM) Act which, among
other things, prohibits the sending of Mobile Service Commercial
Messages (MSCMs) to wireless devices without express prior
authorization.[^1] The Commission adopted rules implementing this
prohibition in August 2004.[^2] These rules, among other things, require
CMRS providers to "identify all electronic mail domain names used to
offer subscribers messaging specifically for wireless devices in
connection with commercial mobile service . . . .[^3] On December 17,
2004, the Commission announced that CMRS providers could begin
submitting electronic mail domain names for inclusion in a wireless
domain name data base.[^4] This notice also reminded CMRS providers of
their obligation to:

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;[^5] and

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.[^6]

On February 7, 2005, the Commission announced the availability of the
wireless domain name list on its web site to senders of commercial
messages.[^7] The Commission also notified senders of MSCMs that they
had "thirty days to comply with the prohibition on initiating MSCMs to
any electronic mail address that references any domain names on the list
unless they have received express prior authorization" or the MSCM falls
under an exception to the general ban.[^8]

CGB now reminds CMRS providers that they are responsible for the
continuing accuracy and completeness of information furnished for the
wireless domain names list. The wireless domain names list is updated
*only* when CMRS providers submit new domain names or delete unused
domain names. The Commission also reminds senders of MSCMs of their
obligation to routinely check the list and update their address lists
including wireless domain names accordingly. CMRS providers may submit
their domain names at
<http://www.fcc.gov/cgb/policy/DomainNameInput.html>. Senders of MSCMs
may access the domain names list at
<http://www.fcc.gov/cgb/policy/DomainNameDownload.html>. Any party
unable to access the list electronically, or who believes a domain name
has been omitted or added in error, should contact CGB at the contact
name and number listed below.

**FOR FURTHER INFORMATION CONTACT:** Kelli Farmer, Consumer Policy
Division, Consumer & Governmental Affairs Bureau, Federal Communications
Commission, 202-418-2512 (voice).

To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail
to <fcc504@fcc.gov> or call the Consumer & Governmental Affairs Bureau
at (202) 418-0530 (voice), (202) 418-0432 (TTY). This *Public Notice*
can also be downloaded in Word or Portable Document Format (PDF) at
<http://www.fcc.gov/cgb/policy>.

**-FCC-**

[^1]: Controlling the Assault of Non-Solicited Pornography and Marketing
    Act of 2003, Pub. L. No. 108-187, 117 Stat. 2699 (2003) (*CAN-SPAM
    Act or Act*), *codified at* 15 U.S.C. §§ 7701-7713, 18 U.S.C. §
    1037, and 28 U.S.C. § 994. *See also* 47 C.F.R. § 64.3100(c)(7).

[^2]: *Rules and Regulations Implementing the Controlling the Assault of
    Non-Solicited Pornography and Marketing Act of 2003,* CG Docket No.
    04-53, *Rules and Regulations Implementing the Telephone Consumer
    Protection Act of 1991*, CG Docket No. 02-278, Order, 19 FCC Rcd
    15927 (2004)(*CAN-SPAM Order*). *See also* 47 C.F.R. § 64.3100.
    Specifically, the rules prohibit the transmission of unwanted
    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. *See* 47 C.F.R. § 64.3100(a)(1). To assist the
    senders of such messages in identifying wireless subscribers, FCC
    rules require that CMRS providers file with the FCC 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.  *See* 47 C.F.R. §
    64.3100(e) and *CAN-SPAM* *Order*, 19 FCC Rcd at 15938.

[^3]: 47 C.F.R. § 64.3100(e).

[^4]: *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, Public
    Notice (*Domain Name Submission PN*), 19 FCC Rcd 24335 (2004).

[^5]: *Id. See also* 47 C.F.R. § 64.3100(f)(1).

[^6]: *Domain Name Submission PN*, 19 FCC Rcd at 24335. *See also* 47
    C.F.R. § 64.3100(f)(2).

[^7]: *The Consumer & Governmental Affairs Bureau Announces the
    Availability of a Wireless Domain Names List; Senders of Commercial
    Messages Have 30 Days to Cease Sending Unauthorized Text and E-Mail
    Messages to Wireless Subscribers*, CG Docket No. 04-53, Public
    Notice, 20 FCC Rcd 2334 (2005). The wireless domain names list can
    be viewed on the FCC web site at
    [www.fcc.gov/cgb/policy/DomainNameDownload.html](http://www.fcc.gov/cgb/policy/DomainNameDownload.html).

[^8]: *Id.*