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Bill
Notes

H.R. 1123 — what changed

Unlocking Consumer Choice and Wireless Competition Act

From Reported in House to Engrossed in House. 1 section amended between Reported in House and Engrossed in House.

Sec. 2 Repeal of existing rule and additional rulemaking by Librarian of Congress

(a)
changed Repeal and replace— Paragraph 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 his 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)
added Rulemaking—
(1)
added In general— 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.
(2)
added Timing of rulemaking—
(A)
added If this Act is enacted before June 1, 2014, the determination under paragraph (1) shall be made by not later than the end of the 9-month period beginning on the date of the enactment of this Act.
(B)
added If this Act is enacted on or after June 1, 2014, the determination under paragraph (1) 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 the enactment of this Act.
(c)
added Unlocking at direction of owner—
(1)
added In general— Circumvention of a technological measure that restricts wireless telephone handsets or other wireless devices from connecting to a wireless telecommunications network—
(A)
added
(i)
added as authorized by paragraph (3) of section 201.40(b) of title 37, Code of Federal Regulations, as made effective by subsection (a), and
(ii)
added as may be extended to other wireless devices pursuant to a determination in the rulemaking conducted under subsection (b), or
(B)
added 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,
(2)
added No bulk unlocking— Nothing in this subsection shall be construed to permit the unlocking of wireless handsets or other wireless devices, for the purpose of bulk resale, or to authorize the Librarian of Congress to authorize circumvention for such purpose under this Act, title 17, United States Code, or any other provision of law.
(d)
added Rule of construction— Except as provided in subsection (c), 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)
added Definitions— In this Act:
(1)
added 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)
added 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)
added 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.
(b)
removed 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)
removed 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.