18 USC, Chapter 47 SEC. 14. APPLICATION TO WIRELESS.

(a) EFFECT ON OTHER LAW.?Nothing in this Act shall be 
interpreted to preclude or override the applicability of section
227 of the Communications Act of 1934 (47 U.S.C. 227) or the
rules prescribed under section 3 of the Telemarketing and
Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6102). 
To the extent that a requirement of such Acts, or rules or 
regulations promulgated thereunder, is inconsistent with the
requirement of this Act, the requirement of such other Acts,
or rules or regulations promulgated thereunder, shall take 
precedence.
(b) FCC RULEMAKING.?The Federal Communications 
Commission, in consultation with the Federal Trade Commission,
shall promulgate rules within 270 days to protect consumers
from unwanted mobile service commercial messages. The rules 
shall, to the extent consistent with sub-section (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,
except as provided in paragraph (3);
(2) allow recipients of mobile service commercial messages
to indicate electronically a desire not to receive future mobile
service commercial messages from the initiator; 
(3) take into consideration, in determining whether to subject
providers of commercial mobile wireless services to paragraph (1),
the relationship that exists between providers of such services and their
subscribers, but if the Commission determines that such providers
should not be subject to paragraph (1), the rules shall require such
providers, in addition to complying with the other provisions of this Act,
to allow subscribers to indicate a desire not to receive future mobile
service commercial messages at the time of subscribing to such service,
and in any billing mechanism; and 
(4) determine how initiators of mobile service commercial messages
may comply with the provisions of this Act, considering the unique
technical aspects, including the functional and character limitations,
of devices that receive such messages.
(c) OTHER FACTORS CONSIDERED.?The Federal Communications
Commission shall consider the ability of an initiator of an electronic
mail message to reasonably determine that the electronic mail
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 that contains text, graphics,
or images for visual display that is transmitted directly to a wireless
device that
(1) is utilized by a subscriber of commercial mobile service (as such
term is defined in section 332(d) 4
of the Communications Act of 1934 (47 U.S.C. 332(d)) in connection
with such service; and 
(2) is capable of accessing and displaying such a message.