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H.R. 1230 (ih) To provide an environmentally sound process for the expeditious [Introduced in House] ...
108th CONGRESS
1st Session
H. R. 122
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
January 7, 2003
Mr. Holt introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives 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 134,000,000 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 increasingly 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 increasing 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 Communications 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 subparagraph any call that violates the
prohibition under paragraph (1)(E)''.
(b) Definition.--Section 227(a) of the Communications 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 following new
paragraph:
``(2) The term `covered messaging system' means a messaging
system capable of providing text, graphic, or image messages
(including a short message service and systems using the
wireless application protocol) that--
``(A) is provided as part of a commercial mobile
service (as such term is defined in section 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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