(a) For the purposes of this section:
1. The term "unlock" shall mean any process by which the software or hardware of a wireless communication device is modified so as to permit the device's use with a service provider other than the service provider initially associated with the device.
2. The term "wireless communication device" shall mean any device through which personal wireless services, as defined in 47 U.S.C. 332(c)(7)(C)(i), are transmitted.
(b) Any person who unlocks, or attempts to unlock, a wireless communication device in the city in exchange for a fee or other compensation must:
1. Require the requesting party to provide a driver's license or other government-issued identification showing the party's name, date of birth, and address.
2. Record the Mobile Equipment Identifier (MEID), International Mobile Station Equipment Identity (IMEI) or Electronic Serial Number (ESN) of the wireless communication device.
3. Provide every day, before the hour of twelve noon, the information required in Subsections (b)(1) and (b)(2) to the superintendent of police, along with the name and address of the person offering the unlocking service, by submitting a LeadsOnline electronic reporting form.
4. Comply with applicable restrictions or prohibitions on unlocking wireless communication devices set forth in federal statutes and regulations including 17 U.S.C. 1201(a)(1) and 17 U.S.C. 1202(b)(1), as interpreted by the Library of Congress Copyright Office and published in the Federal Register.
(c) It shall be a violation of this section to fail to comply with subsection (b). This section shall be enforceable by the department of police and the department of business affairs and consumer protection. Any person who violates this section shall be fined not less than $500.00 nor more than $1,000.00 for each offense.
(d) This section shall not apply to any provider of commercial mobile service, as defined in 47 U.S.C. 332(d), that unlocks a wireless communication device in the city.
(Added Coun. J. 4-30-14, p. 79826, § 1)
Editor's note – Coun. J. 4-22-93, p. 31524, repealed a former § 8-4-052, which pertained to an anti-loitering and/or trespassing program, effective January 1, 1995.