II 

Calendar No. 461 

113TH CONGRESS 

2D SESSION S. 517 

To promote consumer choice and wireless competition by permitting 

consumers to unlock mobile wireless devices, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2013 

Mr. 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 Judiciary 

JULY 10, 2014 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Choice and Wireless Competition Act’’. 


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1 SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL 

2 RULEMAKING BY LIBRARIAN OF CONGRESS. 

3 (a) REPEAL AND REPLACE.—Paragraph (3) of sec4 tion 201.40(b) of title 37, Code of Federal Regulations, 

5 as amended and revised by the Librarian of Congress on 

6 October 28, 2012, pursuant to his authority under section 

7 1201(a) of title 17, United States Code, shall have no 

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

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

10 2010. 

11 (b) RULEMAKING.—Not later than 1 year after the 

12 date of enactment of this Act, the Librarian of Congress, 

13 upon the recommendation of the Register of Copyrights, 

14 who shall consult with the Assistant Secretary for Commu15 nications and Information of the Department of Com16 merce and report and comment on his or her views in mak17 ing such recommendation, shall determine, consistent with 

18 the requirements set forth under section 1201(a)(1) of 

19 title 17, United States Code, whether to extend the exemp20 tion for the class of works described in section 

21 201.40(b)(3) of title 37, Code of Federal Regulations, as 

22 amended by subsection (a), to include any other category 

23 of wireless devices in addition to wireless telephone 

24 handsets. 

25 (c) RULE OF CONSTRUCTION.—Nothing in this Act 

26 alters, or shall be construed to alter, the authority of the 


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1 Librarian of Congress under section 1201(a)(1) of title 

2 17, United States Code. 

3 SECTION 1. SHORT TITLE. 

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

5 Choice and Wireless Competition Act’’. 

6 SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL RULE7 MAKING BY LIBRARIAN OF CONGRESS. 

8 (a) REPEAL AND REPLACE.—As of the date of the en9 actment of this Act, paragraph (3) of section 201.40(b) of 

10 title 37, Code of Federal Regulations, as amended and re11 vised by the Librarian of Congress on October 28, 2012, 

12 pursuant to the Librarian’s authority under section 

13 1201(a) of title 17, United States Code, shall have no force 

14 and effect, and such paragraph shall read, and shall be in 

15 effect, as such paragraph was in effect on July 27, 2010. 

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

17 the recommendation of the Register of Copyrights, who shall 

18 consult with the Assistant Secretary for Communications 

19 and Information of the Department of Commerce and re20 port and comment on his or her views in making such rec21 ommendation, shall determine, consistent with the require22 ments set forth under section 1201(a)(1) of title 17, United 

23 States Code, whether to extend the exemption for the class 

24 of works described in section 201.40(b)(3) of title 37, Code 

25 of Federal Regulations, as amended by subsection (a), to 


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1 include any other category of wireless devices in addition 

2 to wireless telephone handsets. The determination shall be 

3 made in the first rulemaking under section 1201(a)(1)(C) 

4 of title 17, United States Code, that begins on or after the 

5 date of enactment of this Act. 

6 (c) UNLOCKING AT DIRECTION OF OWNER.—Cir7 cumvention of a technological measure that restricts wire8 less telephone handsets or other wireless devices from con9 necting to a wireless telecommunications network— 

10 (1)(A) as authorized by paragraph (3) of section 

11 201.40(b) of title 37, Code of Federal Regulations, as 

12 made effective by subsection (a); and 

13 (B) as may be extended to other wireless devices 

14 pursuant to a determination in the rulemaking con15 ducted under subsection (b); or 

16 (2) as authorized by an exemption adopted by 

17 the Librarian of Congress pursuant to a determina18 tion made on or after the date of enactment of this 

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

20 States Code, 

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

22 device, by another person at the direction of the owner, or 

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

24 commercial mobile data service at the direction of such 

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


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1 or a family member of such owner to connect to a wireless 

2 telecommunications network, when such connection is au3 thorized by the operator of such network. 

4 (d) RULE OF CONSTRUCTION.— 

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

6 herein, nothing in this Act shall be construed to alter 

7 the scope of any party’s rights under existing law. 

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

9 Act alters, or shall be construed to alter, the authority 

10 of the Librarian of Congress under section 1201(a)(1) 

11 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 ‘‘com15 mercial mobile data service’’ and ‘‘commercial mobile 

16 radio service’’ have the respective meanings given 

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

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

19 of this Act. 

20 (2) WIRELESS TELECOMMUNICATIONS NET21 WORK.—The term ‘‘wireless telecommunications net22 work’’ means a network used to provide a commercial 

23 mobile radio service or a commercial mobile data 

24 service. 


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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 telecommuni5 cations network. 


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Calendar No. 461 

113TH CONGRESS 

2D SESSION S. 517 

A BILL 

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

JULY 10, 2014 

Reported with an amendment 


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