*Pages 1--1 from  Microsoft Word - 42375*
 NEWS  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974).  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 For  Immediate  Release:  News  Media  Contact:  September  20,  2004  Rosemary  Kimball  (202)  418-  0511 
 e-  mail:  Rosemary.  Kimball@  fcc.  gov 
 THE  COMMMISSION’S  ORDER  ESTABLISHING  RULES  IMPLEMENTING  THE  CAN-  SPAM  ACT  OF  2003 
 PUBLISHED  IN  THE  FEDERAL  REGISTER 
 Washington,  DC  –  On  August  11,  2004,  the  Commission  released  an  Order  in  CG  Docket  Numbers  04-  53  and  02-  278  establishing  rules  to  protect  consumers  from  receiving  unsolicited 
 commercial  messages  on  their  wireless  devices.  With  some  exceptions,  the  new  rules  prohibit  the  sending  of  commercial  electronic  mail  messages,  including  e-  mail  and  certain  text  messages, 
 to  wireless  devices,  such  as  cell  phones,  that  offer  commercial  mobile  radio  service. 
 The  rules  apply  only  to  messages  that  meet  the  definition  of  “commercial”  used  in  the  Controlling  the  Assault  of  Non-  Solicited  Pornography  and  Marketing  Act  of  2003  (CAN-  SPAM 
 Act)  —  and  to  those  messages  in  which  the  main  purpose  of  the  message  is  a  commercial  advertisement  or  promotion  of  a  commercial  product  or  service.  Noncommercial  messages,  such 
 as  messages  about  candidates  for  public  office  or  messages  to  update  an  existing  customer  about  her  account,  are  not  subject  to  the  rules. 


 On  September  16,  2004,  the  Order  was  published  in  the  Federal  Register  (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,  CG  Docket  Nos.  04-  53  and  02-  278,  69  FR  55765).  The  rules  are 
 effective  October  18,  2004,  except  for  sections  64.3100(  a)(  4),  (d),  (e)  and  (f),  which  contain  information  collection  requirements  under  the  Paperwork  Reduction  Act  that  are  not  effective 
 until  approved  by  the  Office  of  Management  and  Budget  (OMB). 
 --  FCC  -- 
 For  further  information,  contact  Ruth  Yodaiken  at  202-  418-  2512,  Consumer  &  Governmental  Affairs  Bureau. 
1