Unlocking Consumer Choice and Wireless Competition Act

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.

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).

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. Prohibits such owner-directed unlocking from being construed to: (1) permit the unlocking of devices for the purpose of bulk resale, or (2) authorize the Librarian to authorize circumvention for such purpose.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1123 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1123

   To promote consumer choice and wireless competition by permitting 
  consumers to unlock mobile wireless devices, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2013

 Mr. Goodlatte (for himself, Mr. Conyers, Mr. Coble, Mr. Watt, Mr. Poe 
  of Texas, and Ms. DelBene) introduced the following bill; which was 
               referred to the Committee on the Judiciary

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                                 A BILL


 
   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 Representatives of the 
United States of America in Congress assembled,

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.--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.
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