Text: S.517 — 113th Congress (2013-2014)All Information (Except Text)
Public Law No: 113-144 (08/01/2014)
[113th Congress Public Law 144]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 1751]]
Public Law 113-144
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
(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
(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
[[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
(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
(2) Wireless telecommunications network.--The term
``wireless telecommunications network'' means a network used to
provide a commercial mobile radio service or a commercial mobile
(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
Approved August 1, 2014.
LEGISLATIVE HISTORY--S. 517 (H.R. 1123):
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.