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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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.— 
(1) IN GENERAL.—The Librarian of Congress, 
upon the recommendation of the Register of Copy-
rights, who shall consult with the Assistant Sec-
retary 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 
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by subsection (a), to include any other category of 
wireless devices in addition to wireless telephone 
handsets. 
(2) TIMING OF RULEMAKING.—(A) If this Act 
is enacted before June 1, 2014, the determination 
under paragraph (1) shall be made by not later than 
the end of the 9-month period beginning on the date 
of the enactment of this Act. 
(B) If this Act is enacted on or after June 1, 
2014, the determination under paragraph (1) 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 the enactment of this 
Act. 
(c) UNLOCKING AT DIRECTION OF OWNER.— 
(1) IN GENERAL.—Circumvention of a techno-
logical measure that restricts wireless telephone 
handsets or other wireless devices from connecting 
to a wireless telecommunications network— 
(A)(i) as authorized by paragraph (3) of 
section 201.40(b) of title 37, Code of Federal 
Regulations, as made effective by subsection 
(a), and 
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(ii) as may be extended to other wireless 
devices pursuant to a determination in the rule-
making conducted under subsection (b), or 
(B) as authorized by an exemption adopted 
by the Librarian of Congress pursuant to a de-
termination made on or after the date of enact-
ment 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 mo-
bile radio service or a commercial mobile data serv-
ice 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 tele-
communications network, when such connection is 
authorized by the operator of such network. 
(2) NO
BULK
UNLOCKING.—Nothing in this 
subsection shall be construed to permit the 
unlocking of wireless handsets or other wireless de-
vices, for the purpose of bulk resale, or to authorize 
the Librarian of Congress to authorize circumven-
tion for such purpose under this Act, title 17, 
United States Code, or any other provision of law. 
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(d) RULE OF CONSTRUCTION.—Except as provided 
in subsection (c), nothing in this Act alters, or shall be 
construed to alter, the authority of the Librarian of Con-
gress under section 1201(a)(1) of title 17, United States 
Code. 
(e) DEFINITIONS.—In this Act: 
(1) COMMERCIAL MOBILE DATA SERVICE; COM-
MERCIAL
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
NET-
WORK.—The term ‘‘wireless telecommunications net-
work’’ means a network used to provide a commer-
cial mobile radio service or a commercial mobile data 
service. 
(3) WIRELESS TELEPHONE HANDSETS; WIRE-
LESS
DEVICES.—The terms ‘‘wireless telephone 
handset’’ and ‘‘wireless device’’ mean a handset or 
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other device that operates on a wireless tele-
communications network. 
Passed the House of Representatives February 25, 
2014. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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