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Union Calendar No. 264 

113TH CONGRESS 

2D SESSION H. R. 1123 

[Report No. 113–356] 

To promote consumer choice and wireless competition by permitting 

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2013 

Mr. GOODLATTE (for himself, Mr. CONYERS, Mr. COBLE, Mr. WATT, Mr. POE

of Texas, and Ms. DELBENE) introduced the following bill; which was referred to the Committee on the Judiciary 

FEBRUARY 25, 2014 

Additional sponsors: Ms. LOFGREN, Mr. JOHNSON of Georgia, Mr. JEFFRIES, 

Mr. CHAFFETZ, and Ms. MCCOLLUM

FEBRUARY 25, 2014 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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


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A BILL 

To promote consumer choice and wireless competition by 

permitting consumers to unlock mobile wireless devices, 

and for other purposes. 


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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’’. 

6 SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL 

7 RULEMAKING BY LIBRARIAN OF CONGRESS. 

8 (a) REPEAL AND REPLACE.—Paragraph (3) of sec9 tion 201.40(b) of title 37, Code of Federal Regulations, 

10 as amended and revised by the Librarian of Congress on 

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

12 1201(a) of title 17, United States Code, shall have no 

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

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

15 2010. 

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

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

18 upon the recommendation of the Register of Copyrights, 

19 who shall consult with the Assistant Secretary for Commu20 nications and Information of the Department of Com21 merce and report and comment on his or her views in mak22 ing such recommendation, shall determine, consistent with 

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

24 title 17, United States Code, whether to extend the exemp25 tion for the class of works described in section 


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1 201.40(b)(3) of title 37, Code of Federal Regulations, as 

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

3 of wireless devices in addition to wireless telephone 

4 handsets. 

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

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

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

8 17, United States Code. 

9 SECTION 1. SHORT TITLE. 

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

11 Choice and Wireless Competition Act’’. 

12 SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL RULE13 MAKING BY LIBRARIAN OF CONGRESS. 

14 (a) REPEAL AND REPLACE.—Paragraph (3) of section 

15 201.40(b) of title 37, Code of Federal Regulations, as 

16 amended and revised by the Librarian of Congress on Octo17 ber 28, 2012, pursuant to the Librarian’s authority under 

18 section 1201(a) of title 17, United States Code, shall have 

19 no force and effect, and such paragraph shall read, and 

20 shall be in effect, as such paragraph was in effect on July 

21 27, 2010, subject to subsections (c) and (d). 

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

23 of the enactment of this Act, the Librarian of Congress, 

24 upon the recommendation of the Register of Copyrights, who 

25 shall consult with the Assistant Secretary for CommunicaVerDate Mar 15 2010 22:40 Feb 25, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1123.RH H1123

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1 tions and Information of the Department of Commerce and 

2 report and comment on his or her views in making such 

3 recommendation, shall determine, consistent with the re4 quirements set forth under section 1201(a)(1) of title 17, 

5 United States Code, whether to extend the exemption for 

6 the class of works described in section 201.40(b)(3) of title 

7 37, Code of Federal Regulations, as amended by subsection 

8 (a) of this section, to include any other category of wireless 

9 devices in addition to wireless telephone handsets. 

10 (c) UNLOCKING AT DIRECTION OF PURCHASER OR

11 FAMILY MEMBER.—With respect to paragraph (3) of sec12 tion 201.40(b) of title 37, Code of Federal Regulations, as 

13 made effective by subsection (a) of this subsection, and with 

14 respect to any other category of wireless devices, in addition 

15 to wireless telephone handsets, with respect to which, as de16 termined by the Librarian of Congress in a rulemaking con17 ducted under subsection (b) or otherwise under section 

18 1201(a)(1)(C) of title 17, United States Code, circumven19 tion of a computer program by the owner of a copy of the 

20 program is permitted solely in order to connect to a wireless 

21 communications network when such connection is author22 ized by the operator of such network, in the case of a pur23 chaser of such handset or device for personal use, such cir24 cumvention may be initiated by the purchaser, by a family 

25 member of such purchaser, or by another person at the diVerDate Mar 15 2010 22:40 Feb 25, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1123.RH H1123

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1 rection of such purchaser or family member, for the sole 

2 use or benefit of such purchaser or family member. 

3 (d) RULE OF CONSTRUCTION.—Nothing in this Act al4 ters, or shall be construed to alter, the authority of the Li5 brarian of Congress under section 1201(a)(1) of title 17, 

6 United States Code, including the authority, with respect 

7 to the applicable 3-year period, to modify or delete para8 graph (3) of section 201.40(b) of title 37, Code of Federal 

9 Regulations, or modify or delete any category of wireless 

10 devices exempted under subsection (b) of this section. 


tkelley on DSK3SPTVN1PROD with BILLS

tkelley on DSK3SPTVN1PROD with BILLS
Union Calendar No. 264 

113TH CONGRESS 

2D SESSION H. R. 1123 

[Report No. 113–356] 

A BILL 

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

FEBRUARY 25, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


tkelley on DSK3SPTVN1PROD with BILLS