#aacth ,,congress #b;d ,session ,h4 ,r4 #aabc ,,an ,,act ,to promote consumer choice and wireless competition by permitting consumers to unlock mobile wireless devices1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,unlocking ,consumer ,choice and ,wireless ,competition ,act4 #b4 ,repeal of existing rule and additional rulemaking by ,librarian of ,congress 7a7 ,repeal and replace ,as of the date of the enactment of this ,act1 paragraph 7#c7 of section #bja4dj7;b7 of title #cg1 ,code of ,federal ,regulations1 as amended and revised by the ,librarian of ,congress on ,october #bh1 #bjab1 pursuant to the ,librarian's authority under section #abja7;a7 of title #ag1 ,united ,states ,code1 shall have no force and effect1 and such paragraph shall read1 and shall be in effect1 as such paragraph was in effect on ,july #bg1 #bjaj4 7b7 ,rulemaking 7#a7 ,in general ,the ,librarian of ,congress1 upon the recommendation of the ,register of ,copyrights1 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 recommendation1 shall determine1 consistent with the requirements set forth under section #abja7;a77#a7 of title #ag1 ,united ,states ,code1 whether to extend the exemption for the class of works described in section #bja4dj7;b77#c7 of title #cg1 ,code of ,federal ,regulations1 as amended by subsection 7a71 to include any other category of wireless devices in addition to wireless telephone handsets4 7#b7 ,timing of rulemaking 7,a7 ,if this ,act is enacted before ,june #a1 #bjad1 the determination under paragraph 7#a7 shall be made by not later than the end of the #i-month period beginning on the date of the enactment of this ,act4 7,b7 ,if this ,act is enacted on or after ,june #a1 #bjad1 the determination under paragraph 7#a7 shall be made in the first rulemaking under section #abja7;a77#a77;,c7 of title #ag1 ,united ,states ,code1 that begins on or after the date of the enactment of this ,act4 7c7 ,unlocking at direction of owner 7#a7 ,in general ,circumvention of a technological measure that restricts wireless telephone handsets or other wireless devices from connecting to a wireless telecommunications network-- 7,a7 7i7 as authorized by paragraph 7#c7 of section #bja4dj7;b7 of title #cg1 ,code of ,federal ,regulations1 as made effective by subsection 7a71 and 7ii7 as may be extended to other wireless devices pursuant to a determination in the rulemaking conducted under subsection 7b71 or 7,b7 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 #abja7;a77#a77;,c7 of title #ag1 ,united ,states ,code1 may be initiated by the owner of any such handset or other device1 by another person at the direction of the owner1 or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person1 solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network1 when such connection is authorized by the operator of such network4 7#b7 ,no bulk unlocking ,nothing in this subsection shall be construed to permit the unlocking of wireless handsets or other wireless devices1 for the purpose of bulk resale1 or to authorize the ,librarian of ,congress to authorize circumvention for such purpose under this ,act1 title #ag1 ,united ,states ,code1 or any other provision of law4 7d7 ,rule of construction ,except as provided in subsection 7c71 nothing in this ,act alters1 or shall be construed to alter1 the authority of the ,librarian of ,congress under section #abja7;a77#a7 of title #ag1 ,united ,states ,code4 7e7 ,definitions ,in this ,act3 7#a7 ,commercial mobile data service2 commercial mobile radio service ,the terms commercial mobile data service and commercial mobile radio service have the respective meanings given those terms in section #bj4c of title #dg1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this ,act4 7#b7 ,wireless telecommunications network ,the term wireless telecommunications network means a network used to provide a commercial mobile radio service or a commercial mobile data service4 7#c7 ,wireless telephone handsets2 wireless devices ,the terms wireless telephone handset and wireless device mean a handset or other device that operates on a wireless telecommunications network4 ,passed the ,house of ,representatives ,february #be1 #bjad4;,clerk4