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FCC Keeps Tight Fist on Spam Regulation

The Federal Communications Commission rejected two petitions for reconsideration or amendment of certain electronic marketing rules.  The decision was handed down by the FCC in March.  Certain companies had been vying to gain exceptions for certain fax advertisements and for certain so-called mobile telephone commercial messages – also known as MSCMs.

The petition in response to the Junk Fax Prevention Act was brought by Starkle Ventures.  The FCC concluded that Starkle had not presented grounds sufficient to cause the Commission to revisit let alone alter rules pertaining to fax advertising practices.  

The petition brought in regard to MSCMs was put before the FCC by Cingular.  The FCC determined and maintained that Cingular must obtain express permission from its subscribers before it can send to them MSCMs.

In rendering its decision, the FCC rejected each and every argument that was put forth by Cingular.  The FCC ruled that the intend of the CAN-SPAM Act was to limit spam and the relationship between Cingular and its customers in the absence of permission from customers to receive the adverts did not outweigh the intent behind the CAN-SPAM Act. Finally, the FCC rejected outright Cingular's First Amendment arguments.

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