[Congressional Record Volume 160, Number 110 (Tuesday, July 15, 2014)]
[Senate]
[Pages S4510-S4511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNLOCKING CONSUMER CHOICE AND WIRELESS COMPETITION ACT
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
Senate proceed to the consideration of Calendar No. 461, S. 517.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 517) to promote consumer choice and wireless
competition by permitting consumers to unlock mobile wireless
devices, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
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
[[Page S4511]]
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.
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
committee-reported substitute amendment be agreed to, the bill, as
amended, be read a third time and passed, and the motions to reconsider
be laid upon the table, with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 517) was ordered to be engrossed for a third reading,
was read the third time, and passed.
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