H.R. 1123 — Reported in House

IB Union Calendar No. 264 113th CONGRESS 2d Session H. R. 1123 [Report No. 113–356] 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 February 25, 2014 Additional sponsors: Ms. Lofgren, Mr. Johnson of Georgia, Mr. Jeffries, Mr. Chaffetz, and Ms. McCollum February 25, 2014 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic A BILL To promote consumer choice and wireless competition by permitting consumers to unlock mobile wireless devices, and for other purposes. 1. Short title This Act may be cited as the Unlocking Consumer Choice and Wireless Competition Act. 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. 1. Short title This Act may be cited as the Unlocking Consumer Choice and Wireless Competition Act. 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 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, subject to subsections (c) and (d). (b) Rulemaking Not later than 1 year after the date of the 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) of this section, to include any other category of wireless devices in addition to wireless telephone handsets. (c) Unlocking at direction of purchaser or family member With respect to paragraph (3) of section 201.40(b) of title 37, Code of Federal Regulations, as made effective by subsection (a) of this subsection, and with respect to any other category of wireless devices, in addition to wireless telephone handsets, with respect to which, as determined by the Librarian of Congress in a rulemaking conducted under subsection (b) or otherwise under section 1201(a)(1)(C) of title 17, United States Code, circumvention of a computer program by the owner of a copy of the program is permitted solely in order to connect to a wireless communications network when such connection is authorized by the operator of such network, in the case of a purchaser of such handset or device for personal use, such circumvention may be initiated by the purchaser, by a family member of such purchaser, or by another person at the direction of such purchaser or family member, for the sole use or benefit of such purchaser or family member. (d) 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, including the authority, with respect to the applicable 3-year period, to modify or delete paragraph (3) of section 201.40(b) of title 37, Code of Federal Regulations, or modify or delete any category of wireless devices exempted under subsection (b) of this section. February 25, 2014 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed