Looking to switch wireless carriers and keep the same phone? Or have you purchased a used phone and plan to activate it on a different wireless network? Unfortunately, that’s not even legal under current law.
In October 2012, the Copyright Office of the Library of Congress announced that it would not extend the previous exemption to the Digital Millennium Copyright Act that allowed consumers to unlock their mobile phones to be used on different networks. This exemption expired for phones purchased after January 26, 2013.
It seems like common sense to me. Consumers who have completed their phone contracts or have purchased a used phone should be able to use their device on their network of choice. Over the last several months, the American people have made their preference for allowing cell phone unlocking loud and clear. And Congress has listened.
In March, I introduced H.R. 1123, the Unlocking Consumer Choice and Wireless Competition Act. This legislation restores the exemption that permits consumers to unlock their cell phones without the approval of their wireless provider. Consumers are still subject to their contractual obligations. However, once these are met, this bill would allow a cell phone to be unlocked and switched to another carrier if that is what the consumer chooses. The bill would also apply to tablets connected to cellular service.
This bipartisan legislation is focused on protecting consumer choice. By restoring the cell phone exemption, the power is put back in the hands of the consumer. Members of the Senate also introduced similar legislation to provide for the unlocking of cell phones.
On July 31st, the House Judiciary Committee, which I chair, approved the Unlocking Consumer Choice and Wireless Competition Act by a voice vote. An amendment made to the bill will also allow third parties, like family members or electronics stores, to assist consumers, when necessary, in unlocking their cell phones. This addition to the bill further ensures that all consumers have the ability to unlock their cell phone.
This bipartisan, bicameral effort protects consumer choice by allowing consumers flexibility when it comes to choosing a wireless carrier. Furthermore, restoring the ability to unlock cell phones will help enhance competition between wireless carriers. Instead of stifling technological advances, our laws should encourage innovation that will help drive the United States’ global competitiveness.
This flexibility and choice is something that Americans have been asking for. It is imperative that Congress act to restore the exemption to allow consumers to unlock their cell phones.
– Congressman Bob Goodlatte
