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, 34665-34666 [05-11908]

Download as PDF Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations Applicable geographic or nonattainment area Name of nonregulatory SIP Provision * * * * State submittal date/ effective date * 21. Atlanta 1-hour ozone attainment area 2015 maintenance plan. Atlanta severe 1-hour maintenance area. ozone PART 81—[AMENDED] * February 1, 2005 ....... June 14, 2005. [Insert first page number of publication] amended by revising the entry for the Atlanta area to read as follows: 2. In § 81.311 the table entitled ‘‘Georgia—Ozone (1-hour standard)’’ is I 1. The authority citation for part 81 continues to read as follows: I EPA approval date * Authority: 42 U.S.C. 7401 et seq. 34665 § 81.311 Georgia. GEORGIA—OZONE (1-HOUR STANDARD) Designation Classification Designated Area Date1 Atlanta Area: ..................................................... Cherokee County ...................................... Clayton County .......................................... Cobb County ............................................. Coweta County .......................................... DeKalb County .......................................... Douglas County ......................................... Fayette County .......................................... Forsyth County .......................................... Fulton County ............................................ Gwinnett County ........................................ Henry County ............................................ Paulding County ........................................ Rockdale County ....................................... * * 1 This * June June June June June June June June June June June June June June 14, 14, 14, 14, 14, 14, 14, 14, 14, 14, 14, 14, 14, 14, 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 * Date1 Type ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment * Type .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. * * * date is October 18, 2000, unless otherwise noted. * * * * DATES: BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR 25.221(c), 25.221(e), and 25.222(c) are effective June 15, 2005. FEDERAL COMMUNICATIONS COMMISSION FOR FURTHER INFORMATION CONTACT: Jennifer Gorny or Howard Griboff, Policy Division, International Bureau, (202) 418–1460. [FR Doc. 05–11829 Filed 6–14–05; 8:45 am] 47 CFR Part 64 On January 6, 2005, the Commission released a Report and Order, a summary of which was published in the Federal Register. See 70 FR 4775, January 31, 2005. Although the rule changes in the Report and Order became effective on March 2, 2005, §§ 25.221(c), 25.221(e), and 25.222(c) contained modified information collection requirements, which required approval by the Office of Management and Budget (OMB). The information collection requirements were approved by OMB on May 25, 2005. See OMB No. 3060–1061. Rules and Regulations Implementing the Controlling the Assault of NonSolicited Pornography and Marketing Act of 2003; Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 SUPPLEMENTARY INFORMATION: 47 CFR Part 25 [IB Docket No. 02–10; FCC 04–286] Procedures To Govern the Use of Satellite Earth Stations on Board Vessels in the 5925–6425 MHz/3700– 4200 MHz Bands and 14.0–14.5 GHz/ 11.7–12.2 GHz Bands Federal Communications Commission. ACTION: Final rule, announcement of effective date. AGENCY: SUMMARY: This document announces the effective date of the rule published on January 31, 2005. The rules adopted licensing and service rules for satellite earth stations on vessels (ESVs) in the C- and Ku-bands that will provide regulatory certainty to ESV licensees, while protecting existing users in the bands. VerDate jul<14>2003 16:54 Jun 14, 2005 Jkt 205001 Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 05–11541 Filed 6–14–05; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 [CG Docket Nos. 02–278 and 04–53; DA 05– 692] Federal Communications Commission. ACTION: Final rule. AGENCY: SUMMARY: In this document, the Commission amends its rules addressing unwanted mobile service commercial messages to cross reference new definitions adopted by the Federal Trade Commission (FTC). The Commission has directed the Consumer & Governmental Affairs Bureau (CGB) to revise the regulations of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN–SPAM Act) to reflect updated or amended definitions in the FTC’s rules. E:\FR\FM\15JNR1.SGM 15JNR1 34666 DATES: Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations Effective June 15, 2005. Julie Saulnier, Consumer & Governmental Affairs Bureau at (202) 418–2512. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order, DA 05–692, adopted March 24, 2005 and released March 25, 2005. Copies of this document and any subsequently filed documents in this matter will be available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. The complete text of this decision may be purchased from the Commission’s duplicating contractor, Best Copy and Printing Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554. Customers may also contact BCPI at their Web site: https://www.bcpiweb.com or call 1–800– 378–3160. 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) or (202) 418–0432 (TTY). This Order can also be downloaded in Word and Portable Document Format (PDF) at https:// www.fcc.gov/cgb/policy/canspam.html. FOR FURTHER INFORMATION CONTACT: Synopsis In this document, the Commission amends its rules addressing unwanted mobile service commercial messages to cross reference new definitions adopted by the Federal Trade Commission (FTC). In adopting rules to implement portions of the Controlling the Assault of NonSolicited Pornography and Marketing Act of 2003 (CAN–SPAM Act or Act), the Commission directed the Consumer & Governmental Affairs Bureau (CGB) to revise the regulations to reflect updated or amended definitions in the FTC’s rules. The Act gives the FTC responsibility for making the ultimate determination of when electronic mail is to be considered ‘‘commercial’’ and for refining the definitions of ‘‘transactional or relationship’’ messages. On December 16, 2004, the FTC adopted its final CAN–SPAM definitions and implementation rules, defining the criteria for determining whether an electronic message is ‘‘commercial’’ in nature, and refining the definition of ‘‘transactional or relationship’’ messages. This definition rule became effective on March 28, 2005. Consequently, we amend our CAN–SPAM rules to reflect the FTC’s VerDate jul<14>2003 16:54 Jun 14, 2005 Jkt 205001 newly adopted definitions codified at 16 CFR 316.1–316.5 and cross reference those definitions in our rules so that our rules will reflect any further revisions the FTC makes. Pursuant to the authority contained in sections 1–4, 222, 227 and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151–154, 222, 227, and 303(r), and the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, Public Law 108–187, 117 Statute 2699, 15 U.S.C. 7701–7713, 18 U.S.C. 1037 and 28 U.S.C. 994, and the authority delegated to the Consumer & Governmental Affairs Bureau in the Commission’s CAN– SPAM Implementation Order, FCC 04– 194 (adopted August 4, 2004), this Order is adopted, and part 64 of the Commission’s rules, 47 CFR 64.3100, is amended. Report to Congress The Commission will not send a copy of this Order pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the adopted rules are rules of particular applicability. List of Subjects in 47 CFR Part 64 Telecommunications, Telephone. Federal Communications Commission. Monica Desai, Acting Chief, Consumer & Governmental Affairs Bureau. Final Rules For the reasons set forth in the preamble, the Federal Communications Commission amends 47 CFR part 64 as follows: I PART 64—MISCELLANEOUS RULES RELATING TO COMMON CARRIERS 1. The authority citation for part 64 continues to read as follows: I Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat. 56. Interpret or apply 47 U.S.C 201, 218, 222, 225, 226, 228, and 254 (k) unless otherwise noted. 2. Section 64.3100 is amended by revising paragraphs (c)(2) and (c)(8) introductory text to read as follows: I § 64.3100 Restrictions on mobile services commercial messages. * * * * * (c) * * * (2) Commercial electronic mail message means the term as defined in the CAN–SPAM Act, 15 U.S.C 7702 and as further defined under 16 CFR 316.3. The term is defined as ‘‘an electronic message for which the primary purpose is commercial advertisement or promotion of a commercial product or PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 service (including content on an Internet Web site operated for a commercial purpose).’’ The term ‘‘commercial electronic mail message’’ does not include a transactional or relationship message. * * * * * (8) Transactional or relationship message means the following and is further defined under 16 CFR 316.3 as any electronic mail message the primary purpose of which is: * * * * * [FR Doc. 05–11908 Filed 6–14–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 90 [WT Docket No. 99–87; RM–9332; FCC 04– 292] Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended; Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies Federal Communications Commission. ACTION: Final rule; lifting of stay. AGENCY: SUMMARY: In this document the Commission addresses eighteen petitions for reconsideration of the rules adopted in the Second Report and Order in this proceeding to promote migration to narrowband (12.5 kHz) technology in the Private Land Mobile Radio (PLMR) services. In addition, we stay the January 1, 2005 date pending resolution of the issues raised in the Third Further Notice of Proposed Rulemaking published elsewhere in this issue. This document also lifts the stay of 47 CFR 90.209(b)(6). DATES: The stay of § 90.209(b)(6) is lifted effective July 15, 2005, and the amendments are effective July 15, 2005. FOR FURTHER INFORMATION CONTACT: Zenji Nakazawa, Zenji.Nakazawa@fcc.gov, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, (202) 418–0680, TTY (202) 418–7233. SUPPLEMENTARY INFORMATION: This is a summary of the Federal Communications Commission’s Order, FCC 04–292, adopted on December 20, 2004, and released on December 23, 2004. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554. The complete text may be purchased from E:\FR\FM\15JNR1.SGM 15JNR1

Agencies

[Federal Register Volume 70, Number 114 (Wednesday, June 15, 2005)]
[Rules and Regulations]
[Pages 34665-34666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11908]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 02-278 and 04-53; DA 05-692]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission amends its rules addressing 
unwanted mobile service commercial messages to cross reference new 
definitions adopted by the Federal Trade Commission (FTC). The 
Commission has directed the Consumer & Governmental Affairs Bureau 
(CGB) to revise the regulations of the Controlling the Assault of Non-
Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act) to 
reflect updated or amended definitions in the FTC's rules.

[[Page 34666]]


DATES: Effective June 15, 2005.

FOR FURTHER INFORMATION CONTACT: Julie Saulnier, Consumer & 
Governmental Affairs Bureau at (202) 418-2512.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 05-692, adopted March 24, 2005 and released March 25, 2005. Copies 
of this document and any subsequently filed documents in this matter 
will be available for public inspection and copying during regular 
business hours at the FCC Reference Information Center, Portals II, 445 
12th Street, SW., Room CY-A257, Washington, DC 20554. The complete text 
of this decision may be purchased from the Commission's duplicating 
contractor, Best Copy and Printing Inc. (BCPI), Portals II, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554. Customers may also 
contact BCPI at their Web site: https://www.bcpiweb.com or call 1-800-
378-3160.
    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) or (202) 418-0432 (TTY). This 
Order can also be downloaded in Word and Portable Document Format (PDF) 
at https://www.fcc.gov/cgb/policy/canspam.html.

Synopsis

    In this document, the Commission amends its rules addressing 
unwanted mobile service commercial messages to cross reference new 
definitions adopted by the Federal Trade Commission (FTC). In adopting 
rules to implement portions of the Controlling the Assault of Non-
Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act or Act), 
the Commission directed the Consumer & Governmental Affairs Bureau 
(CGB) to revise the regulations to reflect updated or amended 
definitions in the FTC's rules. The Act gives the FTC responsibility 
for making the ultimate determination of when electronic mail is to be 
considered ``commercial'' and for refining the definitions of 
``transactional or relationship'' messages.
    On December 16, 2004, the FTC adopted its final CAN-SPAM 
definitions and implementation rules, defining the criteria for 
determining whether an electronic message is ``commercial'' in nature, 
and refining the definition of ``transactional or relationship'' 
messages. This definition rule became effective on March 28, 2005. 
Consequently, we amend our CAN-SPAM rules to reflect the FTC's newly 
adopted definitions codified at 16 CFR 316.1-316.5 and cross reference 
those definitions in our rules so that our rules will reflect any 
further revisions the FTC makes.
    Pursuant to the authority contained in sections 1-4, 222, 227 and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151-
154, 222, 227, and 303(r), and the Controlling the Assault of Non-
Solicited Pornography and Marketing Act of 2003, Public Law 108-187, 
117 Statute 2699, 15 U.S.C. 7701-7713, 18 U.S.C. 1037 and 28 U.S.C. 
994, and the authority delegated to the Consumer & Governmental Affairs 
Bureau in the Commission's CAN-SPAM Implementation Order, FCC 04-194 
(adopted August 4, 2004), this Order is adopted, and part 64 of the 
Commission's rules, 47 CFR 64.3100, is amended.

Report to Congress

    The Commission will not send a copy of this Order pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the 
adopted rules are rules of particular applicability.

List of Subjects in 47 CFR Part 64

    Telecommunications, Telephone.

Federal Communications Commission.
Monica Desai,
Acting Chief, Consumer & Governmental Affairs Bureau.

Final Rules

0
For the reasons set forth in the preamble, the Federal Communications 
Commission amends 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub. 
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C 201, 218, 222, 
225, 226, 228, and 254 (k) unless otherwise noted.


0
2. Section 64.3100 is amended by revising paragraphs (c)(2) and (c)(8) 
introductory text to read as follows:


Sec.  64.3100  Restrictions on mobile services commercial messages.

* * * * *
    (c) * * *
    (2) Commercial electronic mail message means the term as defined in 
the CAN-SPAM Act, 15 U.S.C 7702 and as further defined under 16 CFR 
316.3. The term is defined as ``an electronic message for which the 
primary purpose is commercial advertisement or promotion of a 
commercial product or service (including content on an Internet Web 
site operated for a commercial purpose).'' The term ``commercial 
electronic mail message'' does not include a transactional or 
relationship message.
* * * * *
    (8) Transactional or relationship message means the following and 
is further defined under 16 CFR 316.3 as any electronic mail message 
the primary purpose of which is:
* * * * *
[FR Doc. 05-11908 Filed 6-14-05; 8:45 am]
BILLING CODE 6712-01-P
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