IIB 

113TH CONGRESS 

2D SESSION H. R. 1123 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 26, 2014 

Received; read twice and referred to the Committee on the Judiciary 

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, 


jbell on DSK7SPTVN1PROD with BILLS
2 

HR 1123 RFS 

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.— 

16 (1) IN GENERAL.—The Librarian of Congress, 

17 upon the recommendation of the Register of Copy18 rights, who shall consult with the Assistant Sec19 retary for Communications and Information of the 

20 Department of Commerce and report and comment 

21 on his or her views in making such recommendation, 

22 shall determine, consistent with the requirements set 

23 forth under section 1201(a)(1) of title 17, United 

24 States Code, whether to extend the exemption for 

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

26 of title 37, Code of Federal Regulations, as amended 


jbell on DSK7SPTVN1PROD with BILLS
3 

HR 1123 RFS 

1 by subsection (a), to include any other category of 

2 wireless devices in addition to wireless telephone 

3 handsets. 

4 (2) TIMING OF RULEMAKING.—(A) If this Act 

5 is enacted before June 1, 2014, the determination 

6 under paragraph (1) shall be made by not later than 

7 the end of the 9-month period beginning on the date 

8 of the enactment of this Act. 

9 (B) If this Act is enacted on or after June 1, 

10 2014, the determination under paragraph (1) shall 

11 be made in the first rulemaking under section 

12 1201(a)(1)(C) of title 17, United States Code, that 

13 begins on or after the date of the enactment of this 

14 Act. 

15 (c) UNLOCKING AT DIRECTION OF OWNER.— 

16 (1) IN GENERAL.—Circumvention of a techno17 logical measure that restricts wireless telephone 

18 handsets or other wireless devices from connecting 

19 to a wireless telecommunications network— 

20 (A)(i) as authorized by paragraph (3) of 

21 section 201.40(b) of title 37, Code of Federal 

22 Regulations, as made effective by subsection 

23 (a), and 


jbell on DSK7SPTVN1PROD with BILLS
4 

HR 1123 RFS 

1 (ii) as may be extended to other wireless 

2 devices pursuant to a determination in the rule3 making conducted under subsection (b), or 

4 (B) as authorized by an exemption adopted 

5 by the Librarian of Congress pursuant to a de6 termination made on or after the date of enact7 ment of this Act under section 1201(a)(1)(C) of 

8 title 17, United States Code, 

9 may be initiated by the owner of any such handset 

10 or other device, by another person at the direction 

11 of the owner, or by a provider of a commercial mo12 bile radio service or a commercial mobile data serv13 ice at the direction of such owner or other person, 

14 solely in order to enable such owner or a family 

15 member of such owner to connect to a wireless tele16 communications network, when such connection is 

17 authorized by the operator of such network. 

18 (2) NO BULK UNLOCKING.—Nothing in this 

19 subsection shall be construed to permit the 

20 unlocking of wireless handsets or other wireless de21 vices, for the purpose of bulk resale, or to authorize 

22 the Librarian of Congress to authorize circumven23 tion for such purpose under this Act, title 17, 

24 United States Code, or any other provision of law. 


jbell on DSK7SPTVN1PROD with BILLS
5 

HR 1123 RFS 

1 (d) RULE OF CONSTRUCTION.—Except as provided 

2 in subsection (c), nothing in this Act alters, or shall be 

3 construed to alter, the authority of the Librarian of Con4 gress under section 1201(a)(1) of title 17, United States 

5 Code. 

6 (e) DEFINITIONS.—In this Act: 

7 (1) COMMERCIAL MOBILE DATA SERVICE; COM8 MERCIAL MOBILE RADIO SERVICE.—The terms 

9 ‘‘commercial mobile data service’’ and ‘‘commercial 

10 mobile radio service’’ have the respective meanings 

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

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

13 the enactment of this Act. 

14 (2) WIRELESS TELECOMMUNICATIONS NET15 WORK.—The term ‘‘wireless telecommunications net16 work’’ means a network used to provide a commer17 cial mobile radio service or a commercial mobile data 

18 service. 

19 (3) WIRELESS TELEPHONE HANDSETS; WIRE20 LESS DEVICES.—The terms ‘‘wireless telephone 

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


jbell on DSK7SPTVN1PROD with BILLS
6 

HR 1123 RFS 

1 other device that operates on a wireless tele2 communications network. 

Passed the House of Representatives February 25, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


jbell on DSK7SPTVN1PROD with BILLS