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Ottawa, 14 May 2009
Our file: 8665-R2-200816598
By email
Mr. Kenneth G. Englehart
Senior Vice President – Regulatory Affairs
Rogers Communications Inc.
333 Bloor Street East
Toronto, Ontario
M4W 1G9
Re: Part VII application by Rogers Communications Inc. requesting that the Commission direct that unsolicited text messages and unsolicited multi-media messaging services are captured under the Unsolicited Telecommunications Rules and the National Do Not Call List Rules
Dear Mr. Englehart:
On 10 December 2008, Rogers Communications Inc. (RCI) filed an application, pursuant to Part VII of the CRTC Telecommunications Rules of Procedure, requesting that the Commission direct that unsolicited text messages (i.e. short message services or SMS), as well as unsolicited multi-media messaging services ( MMS ), be captured under the Unsolicited Telecommunications Rules, which include the National Do Not Call List Rules.
On 22 December 2008, Commission staff issued a letter suspending the process initiated by the application.
The Commission notes that the Government of Canada has recently tabled Bill C-27, the Electronic Commerce Protection Act, before Parliament, which, if passed, would prohibit the sending of all forms of commercial electronic messages, including unsolicited SMS/ MMS messages, without prior consent. Moreover, the Honourable Senator Yoine Goldstein has recently re-introduced Bill S-220, the Anti-Spam Act, which if passed, would establish similar prohibitions against the sending of a commercial electronic message.
In view of the above, the Commission will not consider RCI's application at this time and is returning it with this letter.
Sincerely,
[Original signed by]
Robert A. Morin
Secretary General
c.c. Distribution list
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