S. 517 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

An Act 

To promote consumer choice and wireless competition by permitting consumers 

to unlock mobile wireless devices, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

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.—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 
S. 517—2 

(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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.