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 Federal  Communications  Commission  DA  05-  1363 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Rules  and  Regulations  Implementing  the  Controlling  the  Assault  of  Non-  Solicited 
 Pornography  and  Marketing  Act  of  2003 
 Rules  and  Regulations  Implementing  the  Telephone  Consumer  Protection  Act  of  1991 


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 CG  Docket  No.  04-  53 
 CG  Docket  No.  02-  278 


 ORDER 
 Adopted:  May  17,  2005  Released:  May  18,  2005 
 By  the  Acting  Chief,  Consumer  &  Governmental  Affairs  Bureau: 
 1.  On  March  6,  2005,  the  Direct  Marketing  Association  (DMA)  and  the  E-  Mail  Service  Provider  Coalition  (ESPC)  filed  a  Joint  Petition  pursuant  to  section  1.3  of  the  Commission’s  rules  1 
 seeking  a  waiver,  for  a  period  of  90  days,  of  our  recent  rules  prohibiting  the  sending  of  mobile  service  commercial  messages  (MSCMs)  without  the  recipient’s  express  prior  authorization.  2  These  rules  were 
 promulgated  pursuant  to  the  Controlling  the  Assault  of  Non-  Solicited  Pornography  and  Marketing  Act  of  2003,  or  the  CAN-  SPAM  Act.  3  Alternatively,  the  Joint  Petition  seeks  a  waiver  of  the  requirement  that  a 
 sender  obtain  express  prior  authorization  to  send  MSCMs  from  recipients  that  have  affirmatively  consented  to  receive  them.  According  to  the  Joint  Petition,  DMA  is  a  trade  association  for  businesses  and 
 organizations  that  use  a  variety  of  marketing  media,  including  mail,  e-  mail,  telephone,  newspapers  and  magazines,  interactive  television,  and  radio.  4  The  ESPC  is  a  group  of  e-  mail  service  providers  that 
 provide  volume  e-  mail  delivery  services  to  an  estimated  250,000  clients.  5 
 2.  On  May  10,  2005,  DMA  and  ESPC  filed  a  request  to  withdraw  the  Joint  Petition.  6  The 
 1  47  C.  F.  R.  §  1.3. 
 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,  Joint  Petition  for  Limited  Waiver  (filed  Mar.  6,  2005)  (Joint  Petition);  see  also  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,  15971  (2004)  (CAN-  SPAM  Order),  codified  at  47  C.  F.  R.  §  64.  3100(  a). 
 3  Controlling  the  Assault  of  Non-  Solicited  Pornography  and  Marketing  Act  of  2003,  Pub.  L.  No.  108-  187,  117  Stat. 
 2699  (2003)  (CAN-  SPAM  Act),  codified  at  15  U.  S.  C.  §§  7701-  7713,  18  U.  S.  C.  §  1037,  and  28  U.  S.  C.  §  994.  4 
 Joint  Petition  at  3.  5 
 Id.  6 
 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,  Direct  Marketing  Association  and  E-  Mail  Service  Provider  Coalition  Request  to  Withdraw  their  Pending  Joint  Petition  for  Limited  Waiver  (filed  May  10,  2005)  (Withdrawal  Request). 
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 request  stated  that  a  waiver  of  the  rules  was  no  longer  necessary  due  to  revisions  to  the  Commission-maintained  wireless  domain  name  data  base.  7  Because  DMA  and  ESPC  no  longer  seek  the  relief  outlined 
 in  their  Joint  Petition,  we  grant  their  request  to  withdraw  it. 
 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  sections  0.361  and  1.3  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.361  and  1.3,  the  Direct  Marketing  Association  and  E-  Mail  Service 


 Provider  Coalition  Request  to  Withdraw  Their  Pending  Joint  Petition  for  Limited  Waiver  is  GRANTED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Monica  S.  Desai  Acting  Chief 
 Consumer  &  Governmental  Affairs  Bureau 


 7  Withdrawal  Request  at  1;  see  also  CAN-  SPAM  Order,  19  FCC  Rcd  at  15973,  codified  at  47  C.  F.  R.  §§  64.  3100(  e) 
 and  (f). 
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