[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1123 Reported in House (RH)]
Union Calendar No. 264
113th CONGRESS
2d Session
H. R. 1123
[Report No. 113-356]
To promote consumer choice and wireless competition by permitting
consumers to unlock mobile wireless devices, and for other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Unlocking Consumer Choice
and Wireless Competition Act''.</DELETED>
<DELETED>SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL RULEMAKING BY
LIBRARIAN OF CONGRESS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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 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.
Union Calendar No. 264
113th CONGRESS
2d Session
H. R. 1123
[Report No. 113-356]
_______________________________________________________________________
A BILL
To promote consumer choice and wireless competition by permitting
consumers to unlock mobile wireless devices, and for other purposes.
_______________________________________________________________________
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