In the comments to the previous text on the topic: how to properly complain about spam to the FAS in connection with a violation of the law "On Advertising", one of the commentators kindly reminded of the existence of the law "On Communication" and the extensive opportunities provided to them in the fight against this evil (spoiler : not).
Well, let's talk about this law too. Federal Law No. 126-FZ of July 7, 2003 "On Communications" contains the definition of interest to us in clause 22.1 of Article 2:
sending over a mobile radiotelephone network - automatic transmission to subscribers of short text messages (messages consisting of letters and (or) characters dialed in a certain sequence) over a mobile radiotelephone network or transmission of short text messages to subscribers using a numbering that does not correspond to the Russian system and the numbering plan, as well as messages, the transmission of which is not provided for by the agreement on interconnection with foreign telecom operators.
On the one hand, this definition is narrower than that given in the Law on Advertising, since it covers only SMS / MMS / Push messages. On the other hand, it is broader, since it does not limit the content of the message to one advertisement. We read the law "On Communication" further, Article 44 .:
Distribution via the mobile radiotelephone network (hereinafter also referred to as distribution) must be carried out subject to the receipt of the subscriber's prior consent, expressed through the performance of actions that uniquely identify this subscriber and allow to reliably establish his will to receive the mailing.
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I left behind the scenes a number of exceptions to this rule that are not particularly interesting to us - technical messages from the operator, obligatory to receive messages from the authorities, etc. This garbage can also get bored and the authorities also abuse, but now we are talking about something else.
Namely: so what? Here is the law "On Advertising" and sanctions for its violation, provided for by the Administrative Code. There is a law "On communications" and sanctions for its violation, provided for by the same Code of Administrative Offenses, a whole chapter 13 is devoted to them. One snag: sanctions for violation of specifically Article 44, i.e. illegal distribution over the mobile radiotelephone network is not provided.
That is, we can complain to the FAS about a violation of the Law "On Communications" and, at best, if there are signs of a violation of the Law "On Advertising", initiate this body under Part 1 of Article 14.3 of the Administrative Code, which provides for appropriate sanctions, and at worst - get an answer: Roskomnadzor oversees compliance with the legislation in the field of communications, please contact there.
Roskomnadzor will answer that the information has been taken into account, contact your telecom operator with a request to block the receipt of mailings from an unwanted number, because this is where their capabilities end: supervision of compliance with advertising legislation is the competence of the FAS, and the Code of Administrative Offenses does not provide for sanctions for violation of the relevant provisions of the law "On Communications".
And so yes, we still have a law "On communications" and it also very, very strictly prohibits unsolicited mailings ...