[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 517 Enrolled Bill (ENR)]
S.517
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To promote consumer choice and wireless competition by permitting
consumers to unlock mobile wireless devices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unlocking Consumer Choice and
Wireless Competition Act''.
SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL RULEMAKING BY LIBRARIAN
OF CONGRESS.
(a) Repeal and Replace.--As of the date of the enactment of this
Act, 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 the Librarian's 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.--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. The determination shall be
made in the first rulemaking under section 1201(a)(1)(C) of title 17,
United States Code, that begins on or after the date of enactment of
this Act.
(c) Unlocking at Direction of Owner.--Circumvention of a
technological measure that restricts wireless telephone handsets or
other wireless devices from connecting to a wireless telecommunications
network--
(1)(A) as authorized by paragraph (3) of section 201.40(b) of
title 37, Code of Federal Regulations, as made effective by
subsection (a); and
(B) as may be extended to other wireless devices pursuant to a
determination in the rulemaking conducted under subsection (b); or
(2) as authorized by an exemption adopted by the Librarian of
Congress pursuant to a determination made on or after the date of
enactment of this Act under section 1201(a)(1)(C) of title 17,
United States Code,
may be initiated by the owner of any such handset or other device, by
another person at the direction of the owner, or by a provider of a
commercial mobile radio service or a commercial mobile data service at
the direction of such owner or other person, solely in order to enable
such owner or a family member of such owner to connect to a wireless
telecommunications network, when such connection is authorized by the
operator of such network.
(d) Rule of Construction.--
(1) In general.--Except as expressly provided herein, nothing
in this Act shall be construed to alter the scope of any party's
rights under existing law.
(2) Librarian of congress.--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.
(e) Definitions.--In this Act:
(1) Commercial mobile data service; commercial mobile radio
service.--The terms ``commercial mobile data service'' and
``commercial mobile radio service'' have the respective meanings
given those terms in section 20.3 of title 47, Code of Federal
Regulations, as in effect on the date of the enactment of this Act.
(2) Wireless telecommunications network.--The term ``wireless
telecommunications network'' means a network used to provide a
commercial mobile radio service or a commercial mobile data
service.
(3) Wireless telephone handsets; wireless devices.--The terms
``wireless telephone handset'' and ``wireless device'' mean a
handset or other device that operates on a wireless
telecommunications network.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.