---
kind: "section"
citation: "15 U.S.C. § 7712"
title: "15"
title_heading: "Commerce and Trade"
number: "7712"
heading: "Application to wireless"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/7712"
units:
  - "Chapter 103 — Controlling the Assault of Non-Solicited Pornography and Marketing"
---

# §7712. Application to wireless

- (a) **Effect on other law—** Nothing in this chapter shall be interpreted to preclude or override the applicability of [section 227 of title 47](/usc/47/227.md) or the rules prescribed under [section 6102 of this title](/usc/15/6102.md).
- (b) **FCC rulemaking—** The Federal Communications [Commission](/usc/15/7702.md?p=3), in consultation with the Federal Trade [Commission](/usc/15/7702.md?p=3), shall promulgate rules within 270 days to protect consumers from unwanted mobile service commercial messages. The Federal Communications [Commission](/usc/15/7702.md?p=3), in promulgating the rules, shall, to the extent consistent with [subsection (c)](#c)—
  - (1) provide subscribers to commercial mobile services the ability to avoid receiving mobile service commercial messages unless the subscriber has provided express prior authorization to the [sender](/usc/15/7702.md?p=16-A), except as provided in [paragraph (3)](#b-3);
  - (2) allow [recipients](/usc/15/7702.md?p=14) of mobile service commercial messages to indicate electronically a desire not to receive future mobile service commercial messages from the [sender](/usc/15/7702.md?p=16-A);
  - (3) take into consideration, in determining whether to subject providers of commercial mobile services to [paragraph (1)](#b-1), the relationship that exists between providers of such services and their subscribers, but if the [Commission](/usc/15/7702.md?p=3) determines that such providers should not be subject to [paragraph (1)](#b-1), the rules shall require such providers, in addition to complying with the other provisions of this chapter, to allow subscribers to indicate a desire not to receive future mobile service commercial messages from the provider—
    - (A) at the time of subscribing to such service; and
    - (B) in any billing mechanism; and
  - (4) determine how a [sender](/usc/15/7702.md?p=16-A) of mobile service commercial messages may comply with the provisions of this chapter, considering the unique technical aspects, including the functional and character limitations, of [devices](/usc/15/55.md?p=d) that receive such messages.
- (c) **Other factors considered—** The Federal Communications [Commission](/usc/15/7702.md?p=3) shall consider the ability of a [sender](/usc/15/7702.md?p=16-A) of a [commercial electronic mail message](/usc/15/7702.md?p=2-A) to reasonably determine that the message is a mobile service commercial message.
- (d) **Mobile service commercial message defined—** In this section, the term “mobile service commercial message” means a [commercial electronic mail message](/usc/15/7702.md?p=2-A) that is transmitted directly to a wireless [device](/usc/15/55.md?p=d) that is utilized by a subscriber of commercial mobile service (as such term is defined in [section 332(d) of title 47](/usc/47/332.md?p=d)) in connection with such service.

## Source credit

(Pub. L. 108–187, § 14, Dec. 16, 2003, 117 Stat. 2718.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a) and (b)(3), (4), was in the original “this Act”, meaning Pub. L. 108–187, Dec. 16, 2003, 117 Stat. 2699, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 2004, see section 16 of Pub. L. 108–187, set out as a note under section 7701 of this title.