[Congressional Record (Bound Edition), Volume 160 (2014), Part 9]
[Senate]
[Page 12190]
[From the U.S. Government Publishing Office, www.gpo.gov]




              CONSUMER CHOICE AND WIRELESS COMPETITION ACT

  Mr. LEAHY. Mr. President, yesterday the Senate passed commonsense 
legislation to help promote consumer choice and competition in the 
wireless phone marketplace. This legislation was a bipartisan effort to 
restore consumers' rights to unlock their cell phones so they can take 
their phones to the wireless network of their choice. Last year, over 
110,000 consumers signed a petition calling for cell phone unlocking to 
be permitted. Their call was heard. I am pleased that the Senate has 
acted to pass this commonsense, bipartisan legislation that I authored 
with Senator Grassley to promote consumer choice.
  Once every 3 years, the Library of Congress undertakes a rulemaking 
under the Digital Millennium Copyright Act, DMCA, to establish 
exemptions to the DMCA's prohibition on circumventing technological 
measures that control access to copyrighted works. From 2006 to 2012, 
the Library granted an exemption for cell phone unlocking that allowed 
users to change wireless providers after complying with their 
contracts. In its 2012 rulemaking, the Library did not recognize an 
exemption for new cell phones purchased after January 26, 2013. This 
act reinstates the Librarian's prior determination, ensuring that 
consumers will be able to use their phones on the network of their 
choice after satisfying their contracts without running afoul of our 
copyright laws.
  The act takes two further steps to benefit consumers. First, it 
ensures that consumers who lack the technological savvy to unlock their 
phones themselves can authorize others to do the unlocking for them, in 
order for the owner or their family member to connect to a chosen 
wireless network. Second, in recognition of the growing importance to 
consumers of other wireless devices, such as tablets, the act directs 
the Librarian of Congress to determine whether such devices should also 
be eligible for unlocking. That determination will be part of the 
Librarian's next triennial rulemaking under the DMCA, which is set to 
begin later this year.
  This legislation addresses the specific question of permitting 
consumers to unlock their cell phones to use on their chosen network 
consistent with the terms of their contract. The legislation creates no 
new obligations for cell phone manufacturers or wireless carriers, such 
as how a carrier may choose to process unlocking requests or provide 
unlocking codes. While there are larger ongoing debates about the DMCA, 
as well as other aspects of phone unlocking, those issues are not 
addressed by the bill. The bill takes a narrow, targeted approach to 
protect consumer choice and promote competition in the wireless 
industry.
  I thank the Judiciary Committee ranking member, Senator Grassley, and 
our other bipartisan cosponsors for working with me on this bill. I 
also thank the Republican and Democratic leadership of the House 
Judiciary Committee, who are continuing to work with us on this effort. 
I look forward to prompt consideration of the bill by the House and to 
the President signing it into law.

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