113 S517 RS: 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.

IICalendar No. 461113th CONGRESS2d SessionS. 517IN THE SENATE OF THE UNITED STATESMarch 11, 2013Mr. 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 JudiciaryJuly 10, 2014Reported by Mr. Leahy, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo 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.

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

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.

July 10, 2014Reported with an amendment