UNLOCKING CONSUMER CHOICE AND WIRELESS COMPETITION ACT; Congressional Record Vol. 160, No. 110
(Senate - July 15, 2014)

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[Pages S4510-S4511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         UNLOCKING CONSUMER CHOICE AND WIRELESS COMPETITION ACT

  Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the 
Senate proceed to the consideration of Calendar No. 461, S. 517.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 517) to promote consumer choice and wireless 
     competition by permitting consumers to unlock mobile wireless 
     devices, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     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

[[Page S4511]]

     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.

  Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be agreed to, the bill, as 
amended, be read a third time and passed, and the motions to reconsider 
be laid upon the table, with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 517) was ordered to be engrossed for a third reading, 
was read the third time, and passed.

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