I
106TH CONGRESS
2D SESSION
H. R. 5300
To amend section 227 of the Communications Act of 1934 to prohibit the
use of the text, graphic, or image messaging systems of wireless telephone
systems to transmit unsolicited commercial messages.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 26, 2000
Mr. HOLT introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To amend section 227 of the Communications Act of 1934
to prohibit the use of the text, graphic, or image mes-
saging systems of wireless telephone systems to transmit
unsolicited commercial messages.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Wireless Telephone
Spam Protection Act’’.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) it is estimated that more than 100,000,000
people in the United States currently subscribe to
wireless telephone service and that the percentage of
people in the United States who subscribe to such a
service will increase in the future;
(2) advances in technology have made it in-
creasingly easy to transmit information, including
messages in text, graphics, and images, to wireless
telephones;
(3) the privacy of personal information and the
protection of one’s personal time is an issue of in-
creasing concern to people throughout the United
States;
(4) prudent consumer protections must keep
pace with advances in communications technology to
ensure protection of privacy and personal time; and
(5) to protect the privacy of wireless telephone
subscribers, transmission of unsolicited commercial
messages on wireless telephone text, graphic, and
image messaging systems should be prohibited.
SEC. 3. PROHIBITION OF TRANSMISSION OF UNSOLICITED
COMMERCIAL MESSAGES.
(a) PROHIBITION.—Section 227(b) of the Commu-
nications Act of 1934 (47 U.S.C. 227(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C), by striking ‘‘or’’
at the end;
(B) in subparagraph (D), by striking the
period at the end and inserting ‘‘; or’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(E) to use any covered messaging system
to transmit an unsolicited advertisement.’’; and
(2) in paragraph (2)(C), by inserting before the
period at the end the following: ‘‘, except that the
Commission may not exempt under this subpara-
graph any call that violates the prohibition under
paragraph (1)(E)’’.
(b) DEFINITION.—Section 227(a) of the Communica-
tions Act of 1934 (47 U.S.C. 227(a)) is amended—
(1) by redesignating paragraphs (2), (3), and
(4) as paragraphs (3), (4), and (5), respectively; and
(2) by inserting after paragraph (1) the fol-
lowing new paragraph:
‘‘(2) The term ‘covered messaging system’
means a messaging system capable of providing text,
graphic, or image messages (including a short mes-
sage service and systems using the wireless applica-
tion protocol) that—
‘‘(A) is provided as part of a commercial
mobile service (as such term is defined in sec-
tion 332(d)); and
‘‘(B) provides access to the text, graphic,
or image messages on the same handset used to
access voice messages.’’.
(c) EFFECT ON STATE LAW.—Subparagraph (A) of
section 227(e)(1) of the Communications Act of 1934 (47
U.S.C. 227(e)(1)) is amended by inserting ‘‘(including any
text, graphic, or image messaging system that is provided
as part of a commercial mobile service)’’ after ‘‘electronic
devices’’.
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