113 S517 IS: Unlocking Consumer Choice and Wireless Competition Act U.S. Senate 2013-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS 1st Session S. 517 IN THE SENATE OF THE UNITED STATES March 11, 2013 Mr. Leahy (for himself, Mr. Grassley, Mr. Franken, Mr. Hatch, Mr. Lee, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To promote consumer choice and wireless competition by permitting consumers to unlock mobile wireless devices, and for other purposes.

1.

Short title

This Act may be cited as the Unlocking Consumer Choice and Wireless Competition Act.

2.

Repeal of existing rule and additional rulemaking by Librarian of Congress

(a)

Repeal and replace

Paragraph (3) of section 201.40(b) of title 37, Code of Federal Regulations, as amended and revised by the Librarian of Congress on October 28, 2012, pursuant to his authority under section 1201(a) of title 17, United States Code, shall have no force and effect, and such paragraph shall read, and shall be in effect, as such paragraph was in effect on July 27, 2010. (b)

Rulemaking

Not later than 1 year after the date of enactment of this Act, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall determine, consistent with the requirements set forth under section 1201(a)(1) of title 17, United States Code, whether to extend the exemption for the class of works described in section 201.40(b)(3) of title 37, Code of Federal Regulations, as amended by subsection (a), to include any other category of wireless devices in addition to wireless telephone handsets. (c)

Rule of construction

Nothing in this Act alters, or shall be construed to alter, the authority of the Librarian of Congress under section 1201(a)(1) of title 17, United States Code.