1.This Act may be cited as the
Wireless Prepaid Access Device
Enforcement Act of 2009
.
2.Section 1029 of title 18, United States
Code, is amended as follows:
(1)Subsection (a) is
amended—
(A)in paragraph (9),
by striking or
after the semicolon;
(B)in paragraph (10),
by inserting or
after the semicolon; and
(C)by adding at the
end the following:
(11)(A)knowingly purchases
and/or handles one or more wireless prepaid access devices for the purpose of,
or as part of a scheme involving, modifying, removing, avoiding or overwriting
installed software which is designed to cause any such device to operate as a
wireless prepaid access device on the wireless network or networks for which
such device was sold, unless such purchase or handling is authorized by the
wireless service provider or device manufacturer; or
(B)knowingly engages in the unauthorized
resale or redistribution outside of the United States of any wireless prepaid
access device that is sold to be used on a wireless network within the United
States, whether or not the applicable software has been modified, removed,
avoided or overwritten, whether individually or as part of a
scheme;
.
(2)Subsection
(c)(1)(A)(i) is amended by striking or (10)
and inserting
(10), or (11)
.
(3)Subsection (e) is
amended—
(A)in paragraph (10),
by striking and
after the semicolon;
(B)paragraph (11), by
striking the period and inserting ; and
; and
(C)by adding at the
end the following:
(12)the term wireless prepaid access
device
means any access device that is marketed or made available for
sale for use with prepaid or pay in advance commercial mobile radio service as
defined in 47 C.F.R. 20.3, but does not include installed-in-vehicle access
devices used in connection with an emergency communications
system.
.