Unlocking Consumer Choice and Wireless Competition Act

To promote consumer choice and wireless competition by permitting consumers to unlock mobile wireless devices, and for other purposes. 1. Short title This Act may be cited as the Unlocking Consumer Choice and Wireless Competition Act 2. Repeal of existing rule and additional rulemaking by Librarian of Congress (a) Repeal and replace Paragraph (3) of section 201.40(b) section 1201(a) (b) Rulemaking Not later than 1 year after the date of enactment of this Act, 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) section 201.40(b)(3) (c) Rule of construction Nothing in this Act alters, or shall be construed to alter, the authority of the Librarian of Congress under section 1201(a)(1) 1. Short title This Act may be cited as the Unlocking Consumer Choice and Wireless Competition Act 2. Repeal of existing rule and additional rulemaking by Librarian of Congress (a) Repeal and replace Paragraph (3) of section 201.40(b) section 1201(a) (b) Rulemaking Not later than 1 year after the date of the enactment of this Act, 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) section 201.40(b)(3) (c) Unlocking at direction of purchaser or family member With respect to paragraph (3) of section 201.40(b) section 1201(a)(1)(C) (d) Rule of construction Nothing in this Act alters, or shall be construed to alter, the authority of the Librarian of Congress under section 1201(a)(1) section 201.40(b) 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

Summary: Unlocking Consumer Choice and Wireless Competition Act - Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as "unlocking" such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones. Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices). Allows such circumvention (unlocking) to be initiated by the owner of such a 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. Prohibits such owner-directed unlocking from being construed to: (1) permit the unlocking of devices for the purpose of bulk resale, or (2) authorize the Librarian to authorize circumvention for such purpose.