Unlocking Consumer Choice and Wireless Competition Act

Summary: Unlocking Consumer Choice and Wireless Competition Act - Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as "unlocking" such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones. Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices).  Allows such circumvention (unlocking) to be initiated by the owner of such a 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. Prohibits such owner-directed unlocking from being construed to: (1) permit the unlocking of devices for the purpose of bulk resale, or (2) authorize the Librarian to authorize circumvention for such purpose.

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.--
            (1) In general.--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.
            (2) Timing of rulemaking.--(A) If this Act is enacted 
        before June 1, 2014, the determination under paragraph (1) 
        shall be made by not later than the end of the 9-month period 
        beginning on the date of the enactment of this Act.
            (B) If this Act is enacted on or after June 1, 2014, the 
        determination under paragraph (1) 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 the enactment 
        of this Act.
    (c) Unlocking at Direction of Owner.--
            (1) In general.--Circumvention of a technological measure 
        that restricts wireless telephone handsets or other wireless 
        devices from connecting to a wireless telecommunications 
        network--
                    (A)(i) as authorized by paragraph (3) of section 
                201.40(b) of title 37, Code of Federal Regulations, as 
                made effective by subsection (a), and
                    (ii) as may be extended to other wireless devices 
                pursuant to a determination in the rulemaking conducted 
                under subsection (b), or
                    (B) 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.
            (2) No bulk unlocking.--Nothing in this subsection shall be 
        construed to permit the unlocking of wireless handsets or other 
        wireless devices, for the purpose of bulk resale, or to 
        authorize the Librarian of Congress to authorize circumvention 
        for such purpose under this Act, title 17, United States Code, 
        or any other provision of law.
    (d) Rule of Construction.--Except as provided in subsection (c), 
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.

            Passed the House of Representatives February 25, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.