Unlocking Consumer Choice and Wireless Competition Act

Bill: 113-s-517
Sponsor: full_name: Sen. Leahy, Patrick J. [D-VT]
Introduced: 2013-03-11
Policy area: Science, Technology, Communications
Subjects: Administrative law and regulatory procedures

Congressional agencies

Intellectual property

Internet and video services

Internet, web applications, social media

Library of Congress

Telephone and wireless communication
Latest action: action_date: 2014-08-01
text: Became Public Law No: 113-144.

Summaries:
action_date: 2013-03-11
action_desc: Introduced in Senate
text: <p>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.<br /></p> <p>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). </p>

action_date: 2014-07-10
action_desc: Reported to Senate with amendment(s)
text: <p>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.</p> <p>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). </p> <p>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. </p> <p>Prohibits this Act from being construed to alter any party's rights under existing law.</p>

action_date: 2014-07-15
action_desc: Passed Senate amended
text: <p><b>(This measure has not been amended since it was reported to the Senate on July 10, 2014. The summary of that version is repeated here.)</b> </p> <p>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.</p> <p>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). </p> <p>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. </p> <p>Prohibits this Act from being construed to alter any party's rights under existing law.</p>

action_date: 2014-07-25
action_desc: Passed House without amendment
text: <p><b>(This measure has not been amended since it was reported to the Senate on July 10, 2014. The summary of that version is repeated here.)</b> </p> <p>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.</p> <p>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). </p> <p>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. </p> <p>Prohibits this Act from being construed to alter any party's rights under existing law.</p>

action_date: 2014-08-01
action_desc: Public Law
text: <p><b>(This measure has not been amended since it was reported to the Senate on July 10, 2014. The summary of that version is repeated here.)</b> </p> <p>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.</p> <p>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). </p> <p>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. </p> <p>Prohibits this Act from being construed to alter any party's rights under existing law.</p>

tv_txt: II 113th CONGRESS 1st Session S. 517 IN THE SENATE OF THE UNITED STATES March 11, 2013 Mr. Leahy (for himself, Mr. Grassley , Mr. Franken , Mr. Hatch , Mr. Lee , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL 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) of title 37, Code of Federal Regulations, as amended and revised by the Librarian of Congress on October 28, 2012, pursuant to his 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 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) 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. (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) of title 17, United States Code.

tv_txt: One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 517 IN THE SENATE OF THE UNITED STATES AN 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 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 (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

tv_txt: II Calendar No. 461 113th CONGRESS 2d Session S. 517 IN THE SENATE OF THE UNITED STATES March 11, 2013 Mr. Leahy (for himself, Mr. Grassley , Mr. Franken , Mr. Hatch , Mr. Lee , Ms. Klobuchar , Mr. Whitehouse , Mr. Thune , Mr. Bennet , Mr. Blumenthal , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary July 10, 2014 Reported by Mr. Leahy , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL 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) of title 37, Code of Federal Regulations, as amended and revised by the Librarian of Congress on October 28, 2012, pursuant to his 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 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) 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. (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) of title 17, United States Code.

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 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 (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.

July 10, 2014 Reported with an amendment

tv_txt: 113th CONGRESS 2d Session S. 517 IN THE SENATE OF THE UNITED STATES AN 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 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 (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.

Passed the Senate July 15, 2014. Secretary