[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