Unlocking Consumer Choice and Wireless Competition Act
PL 113-144 (S.517), enacted 08/01/2014

[113th Congress Public Law 144]
[From the U.S. Government Publishing Office]



[[Page 128 STAT. 1751]]

Public Law 113-144
113th Congress

                                 An Act


 
   To promote consumer choice and wireless competition by permitting 
       consumers to unlock mobile wireless devices, and for other 
              purposes. <<NOTE: Aug. 1, 2014 -  [S. 517]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Unlocking 
Consumer Choice and Wireless Competition Act. 17 USC 1201 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unlocking Consumer Choice and 
Wireless Competition Act''.
SEC. 2. <<NOTE: Effective dates.>>  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) <<NOTE: Recommenda- 
tion. Consultation. Reports. Determination.>>  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

[[Page 128 STAT. 1752]]

            (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.

    Approved August 1, 2014.

LEGISLATIVE HISTORY--S. 517 (H.R. 1123):
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HOUSE REPORTS: No. 113-
356 (Comm. on the Judiciary) accompanying H.R. 1123.
SENATE REPORTS: No. 113-212 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 160 (2014):
            July 15, considered and passed Senate.
            July 25, considered and passed House.

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