113TH CONGRESS 

2D SESSION S. 517 

AN ACT 

To promote consumer choice and wireless competition by 

permitting consumers to unlock mobile wireless devices, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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†S 517 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Unlocking Consumer 

3 Choice and Wireless Competition Act’’. 

4 SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL 

5 RULEMAKING BY LIBRARIAN OF CONGRESS. 

6 (a) REPEAL AND REPLACE.—As of the date of the 

7 enactment of this Act, paragraph (3) of section 201.40(b) 

8 of title 37, Code of Federal Regulations, as amended and 

9 revised by the Librarian of Congress on October 28, 2012, 

10 pursuant to the Librarian’s authority under section 

11 1201(a) of title 17, United States Code, shall have no 

12 force and effect, and such paragraph shall read, and shall 

13 be in effect, as such paragraph was in effect on July 27, 

14 2010. 

15 (b) RULEMAKING.—The Librarian of Congress, upon 

16 the recommendation of the Register of Copyrights, who 

17 shall consult with the Assistant Secretary for Communica18 tions and Information of the Department of Commerce 

19 and report and comment on his or her views in making 

20 such recommendation, shall determine, consistent with the 

21 requirements set forth under section 1201(a)(1) of title 

22 17, United States Code, whether to extend the exemption 

23 for the class of works described in section 201.40(b)(3) 

24 of title 37, Code of Federal Regulations, as amended by 

25 subsection (a), to include any other category of wireless 

26 devices in addition to wireless telephone handsets. The de-
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†S 517 ES

1 termination shall be made in the first rulemaking under 

2 section 1201(a)(1)(C) of title 17, United States Code, that 

3 begins on or after the date of enactment of this Act. 

4 (c) UNLOCKING AT DIRECTION OF OWNER.—Cir5 cumvention of a technological measure that restricts wire6 less telephone handsets or other wireless devices from con7 necting to a wireless telecommunications network— 

8 (1)(A) as authorized by paragraph (3) of sec9 tion 201.40(b) of title 37, Code of Federal Regula10 tions, as made effective by subsection (a); and 

11 (B) as may be extended to other wireless de12 vices pursuant to a determination in the rulemaking 

13 conducted under subsection (b); or 

14 (2) as authorized by an exemption adopted by 

15 the Librarian of Congress pursuant to a determina16 tion made on or after the date of enactment of this 

17 Act under section 1201(a)(1)(C) of title 17, United 

18 States Code, 

19 may be initiated by the owner of any such handset or other 

20 device, by another person at the direction of the owner, 

21 or by a provider of a commercial mobile radio service or 

22 a commercial mobile data service at the direction of such 

23 owner or other person, solely in order to enable such owner 

24 or a family member of such owner to connect to a wireless 
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†S 517 ES

1 telecommunications network, when such connection is au2 thorized by the operator of such network. 

3 (d) RULE OF CONSTRUCTION.— 

4 (1) IN GENERAL.—Except as expressly provided 

5 herein, nothing in this Act shall be construed to 

6 alter the scope of any party’s rights under existing 

7 law. 

8 (2) LIBRARIAN OF CONGRESS.—Nothing in this 

9 Act alters, or shall be construed to alter, the author10 ity of the Librarian of Congress under section 

11 1201(a)(1) of title 17, United States Code. 

12 (e) DEFINITIONS.—In this Act: 

13 (1) COMMERCIAL MOBILE DATA SERVICE; COM14 MERCIAL MOBILE RADIO SERVICE.—The terms 

15 ‘‘commercial mobile data service’’ and ‘‘commercial 

16 mobile radio service’’ have the respective meanings 

17 given those terms in section 20.3 of title 47, Code 

18 of Federal Regulations, as in effect on the date of 

19 the enactment of this Act. 

20 (2) WIRELESS TELECOMMUNICATIONS NET21 WORK.—The term ‘‘wireless telecommunications net22 work’’ means a network used to provide a commer23 cial mobile radio service or a commercial mobile data 

24 service. 
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†S 517 ES

1 (3) WIRELESS TELEPHONE HANDSETS; WIRE2 LESS DEVICES.—The terms ‘‘wireless telephone 

3 handset’’ and ‘‘wireless device’’ mean a handset or 

4 other device that operates on a wireless tele5 communications network. 

Passed the Senate July 15, 2014. 

Attest: 

Secretary. 
113TH CONGRESS 

2D SESSION S. 517 

AN ACT 

To promote consumer choice and wireless competiwireless devices, and for other purposes. tion by permitting consumers to unlock mobile