[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 517 Reported in Senate (RS)]
Calendar No. 461
113th CONGRESS
2d Session
S. 517
To promote consumer choice and wireless competition by permitting
consumers to unlock mobile wireless devices, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11, 2013
Mr. Leahy (for himself, Mr. Grassley, Mr. Franken, Mr. Hatch, Mr. Lee,
Ms. Klobuchar, Mr. Whitehouse, Mr. Thune, Mr. Bennet, Mr. Blumenthal,
and Mr. Coons) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
July 10, 2014
Reported by Mr. Leahy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Unlocking Consumer Choice
and Wireless Competition Act''.</DELETED>
<DELETED>SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL RULEMAKING BY
LIBRARIAN OF CONGRESS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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.
Calendar No. 461
113th CONGRESS
2d Session
S. 517
_______________________________________________________________________
A BILL
To promote consumer choice and wireless competition by permitting
consumers to unlock mobile wireless devices, and for other purposes.
_______________________________________________________________________
July 10, 2014
Reported with an amendment