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Bill Proposes Canadian Cellphone Unlocking Rights

SJrX sends in a CBC report that the Canadian New Democratic Party has tabled a bill requiring all cellphone companies to provide unlocked cellphones. (Wikipedia notes, "The party is regarded as falling on the left in the Canadian political spectrum.") This reader adds, "The fact that there is a minority government currently should help this bill's chances of getting passed." "The bill proposes three rules: cellphone carriers would be required to notify customers at the point of purchase whether a phone is locked to work only on their network; they would have to remove such a lock free of charge at any point after the conclusion of the customer's service contract; and they would have to remove it if the customer does not enter into a contract within six months of buying the device up front."

39 of 359 comments (clear)

  1. Unless C-32 goes through by al3 · · Score: 3, Insightful

    "Sure you're free to take this phone to another carrier, just don't circumvent the DRM to do it"

    1. Re:Unless C-32 goes through by Maury+Markowitz · · Score: 2, Interesting

      There are valid reasons to hate C-32, but that's not one of them.

      There are a few reasons, but not that many. The more I read about it, the more I think it's probably one of the best bills we might expect.

      I think a lot of the complaints people do have could be addressed by inverting the digital locks language. Right now it says "illegal except when..." but it should really say "legal except when... ...the aim is to circumvent copyright law". That would mean you wouldn't need exceptions for linux or the blind, that would be legal by default, yet it would still be illegal to remove a lock if you did so to use material without obtaining it from the copyright holder.

      In the meantime I'd like a rider to allow lock removal when the content is in the public domain. I'd also like the Crown Copyright to be amended in the same way.

      Maury

    2. Re:Unless C-32 goes through by realityimpaired · · Score: 2, Interesting

      Depends on the carrier. But some of them actively encourage you to bring your existing unlocked phone to their network:

      http://www.windmobile.ca/

      Coincidentally, they're currently the only game in town that offers unlimited data/voice packages... I'm just waiting for them to put in a new tower in my town (they say it'll be up before the end of the year) to switch... I can get the same service I have now for less than half the cost. And no, I don't work for Wind. Actually, I work for Bell....

    3. Re:Unless C-32 goes through by danomac · · Score: 2, Informative

      In the meantime I'd like a rider to allow lock removal when the content is in the public domain.

      The copyright cartels today will never let anything they have copyrights to fall into the public domain. The majority of things is copyrighted by a corporation and not an individual, so the life+50 years is meaningless.

  2. Oh Canada by elrous0 · · Score: 4, Insightful

    Between laws like this, universal healthcare, low crime, etc. I'm considering hiring a coyote to smuggle me and my family across the border. All of the advantages of modern America without all the ultra-right-wing bullshit and wars. I'd pay higher taxes and put up with more snow for that.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Oh Canada by Vanderhoth · · Score: 2, Informative

      You should really think hard about that. I live in Canada and the Snow can be a real pain sometimes.

    2. Re:Oh Canada by Genwil · · Score: 5, Insightful

      And our taxes aren't even all that much higher when you add up all your state and local taxes. Plus a study has shown that citizens earning up to $85k/yr get back services worth more than that. We also live longer and do better in almost any social stat you can think of. But not to sound smug: we are far from perfect, and 30% of us seem hell-bent on voting for a party determined to be as Republican as they can.

    3. Re:Oh Canada by purpledinoz · · Score: 2, Informative

      I think Canada has maintained a good balance between free markets and social needs. This is evident with the lack of bank failures during the crisis. I think this is due to the politics, with more parties to vote for and more awareness by the citizens. Canadians won't stand for any sort of corruption, even if it's for a meager $1M of crony contracts. Americans don't get angry enough about the massive corruption in the US government, like with Haliburton, the bank bailout for the rich, lobbyists buying politicians. And with only 2 viable parties, the Republicans and Democrats are essentially an oligopoly.

    4. Re:Oh Canada by plalonde2 · · Score: 5, Insightful
      So you also clearly don't keep health insurance for your family, don't benefit from (in no particular order) police services, fire departments, curb-side trash removal, winter snow removal, labor regulation, environmental regulation, judicial services, etc.

      Why are so many people willfully ignorant of what services modern governments pay for from their taxes?

    5. Re:Oh Canada by Anonymous Coward · · Score: 2, Informative

      Actually, fun fact: Winnipeg sells more Slurpees from 7/11 per capita than any other place in the world.

    6. Re:Oh Canada by anthonyfk · · Score: 3, Informative

      Yes, this is a lot like universal healthcare: it's a government unreasonably telling private people what transactions they CANNOT engage in (private insurance in Canada is illegal).

      Um, no? (One of many.)

    7. Re:Oh Canada by pudge · · Score: 2, Informative

      Yes, this is a lot like universal healthcare: it's a government unreasonably telling private people what transactions they CANNOT engage in (private insurance in Canada is illegal).

      Um, no? (One of many.)

      Actually, yes. I was -- obvious to people familiar with Canada's system and the debate, including legal disputes, around it -- recognize I was referring to normal insurance. You linked to supplemental insurance, which, yes, is legal.

    8. Re:Oh Canada by dkleinsc · · Score: 4, Informative

      I find that difficult to believe especially since I barely use any government services.

      I call BS on that one. Chances are extremely good that you've done at least some of these in the last year:
        - Purchased food inspected by the government to ensure that it's unlikely to give you food poisoning, and that the nutritional information listed on the side of the container is accurate. Or purchased food from a restaurant which had been inspected to ensure that there weren't cockroaches all over the place (among other things).
        - Purchased gasoline from a pump that had been inspected to ensure that 1 gallon of price = 1 gallon of fuel.
        - Put money into a bank knowing that the bank was required by law to give it back to you if you asked for it, and would still be yours even if the bank went under (assuming it was less than $100,000).
        - Engaged in a transaction on an SEC-regulated market.
        - Taken advantage of a 401(k) or IRA.
        - Relied on the military and police for protection against any really serious attack (not just one criminal going after your property, but an organized assault with bombs and missiles). You may have also called your emergency services for help with a criminal, a fire, an injury, or other hazards.
        - Made use of a government water system (not necessarily at home).
        - Taken a walk or ride or swim in a public park of some kind.
        - Ridden on or flown an aircraft that had been regulated to ensure that it was extremely unlikely to crash.
        - Breathed air that wasn't super-polluted because government regulations prevented companies from just spewing out nasty particulate matter.

      I can keep going if you like. The point is, most of the really useful stuff your government does at various levels is not readily visible but affects you every day.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    9. Re:Oh Canada by SilverEyes · · Score: 2, Insightful

      Out of curiosity, do you pay these private companies directly, or does the government pay them?

      Where in Canada do you live?

      Isn't the idea of a society that we pool resources for mutual good, even if we don't help everyone all the time?

      You're dead-on about the debt though. The Liberals were paying it down, too bad the Conservatives haven't figured out how to do that...

      --
      Interesting.
    10. Re:Oh Canada by bigdaisy · · Score: 3, Funny

      OK, but apart from police services, fire departments, curb-side trash removal, winter snow removal, labor regulation, environmental regulation and judicial services, WHAT HAS THE CANADIAN GOVERNMENT EVER DONE FOR US?

    11. Re:Oh Canada by dkleinsc · · Score: 4, Insightful

      Sure it does.

      - You probably eat at least 1000 meals or so over the course of the year (that's a little less than 3 meals a day). A reasonable guess would be about 5% of those meals would be dangerous to eat, and would result in an average medical bill or last pay of $250 (most would be less than that, a few would be a lot more than that), for a total cost of $12,500.
      - Let's say you drive a vehicle that gets 25 mpg, and drive 10,000 miles per year, and are thus purchasing 400 gallons of fuel for a cost of $1000 (that's about $2.50 per gallon). However, the gas station owner bilks you because there's no inspection, so you end up actually paying $1500, so the government inspection just saved you $500.
      - For banking, let's say you had a 15% chance of having deposits of $30,000 in one of the banks that failed. That gives you an average loss of $4500.
      - For securities, let's go with about a 11% chance that you lose your investment to a con man without regulation, and a 1% chance that you'd lose your investment to Bernie Madoff under regulation. If you invest, say, $40,000, your government just saved you on average $4000.

      I'm already above $20K, and not even through the list.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    12. Re:Oh Canada by ReplicantSD1 · · Score: 2, Funny

      Well, they built the aqueduct...

    13. Re:Oh Canada by elrous0 · · Score: 2, Insightful

      No, he's saying that you benefit in many, many ways you don't ever think about. You benefit from prisons keeping killers and thieves away from you, for example. It's not something you see or think of as a direct benefit. But if it were suddenly gone, you would sure as hell miss it.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    14. Re:Oh Canada by mandelbr0t · · Score: 3, Insightful

      All of the advantages of modern America without all the ultra-right-wing bullshit and wars.

      Not really. I have become increasingly distressed at the direction Canadian politics have headed. The only thing saving the politicians from selling Canada to the United States wholesale is this minority government. The problem with this is that it paralyzes the government, and generally lets things be run by big business, which is precisely what is wrong with the United States.

      --
      "Please describe the scientific nature of the 'whammy'" - Agent Scully
    15. Re:Oh Canada by rbrander · · Score: 3, Interesting

      Well, your throat hasn't been slit and your rural home taken by foreign invaders, because of the Army, or marauding gangs out of "Road Warrior", because the justice system puts criminals in jail if they start to form them. Nothing in your house has electrocuted you and the house hasn't blown up or fallen down because the government imposes standards on vendors of everything from copper wire and gas appliances to lumber.

      And most public debt is taken out to pay for large, slow-payback infrastructure like the $5M/mile roads out to your house that we city people don't use. Perhaps you got this way because you insisted on living outside the family home in a tent while your father sat inside, "wasting" 40% of his income on the non-productive activity of paying off the home mortgage, which is the exact financial equivalent of most national debts.

  3. Gaining My Support by whisper_jeff · · Score: 5, Interesting

    I'm a Liberal and have been since I started voting. For the most part, I sympathized with the NDP (since they are a left party and I am similarly left in most of my views) but just didn't think most of their agendas were in line with my interests and goals. Of late, however, they have taken new "modern" issues very seriously and are coming out on the side I support, which is to say the side of the populace rather than corporate overlords. As the Liberals languish in a bygone era and the Conservatives drive further towards a system that I loathe (and all other options simply not worth considering unless I've already put a bullet in my head), I find myself becoming increasingly inclined to vote NDP in upcoming elections. Kudos to them and I hope they keep forcing the other parties to seriously consider consumer rights as various subjects are discussed and debated.

    1. Re:Gaining My Support by Anonymous Coward · · Score: 2, Interesting

      Posting Anon to preserve my moderation.

      You really only have three options at the national level-- the Conservatives, the Liberals, or the NDP. If you're in Quebec, there's the Bloc Quebecois (who are a centre-left party). The current breakdown in the House of Commons is Conservatives (144), Liberals (77), Bloc Québécois (48), New Democrats (37). The NDP are small, but not as small as all that, and they're growing quickly. It's not like he's voting for the Greens or the Pirate Party or something. With the current political makeup, I think it's going to be a while before we have a majority government again, which gives the NDP considerably more power than a minor party might otherwise have, because any governing coalition needs their votes, so they have to deal.

    2. Re:Gaining My Support by DarthVain · · Score: 2, Interesting

      I have been an NDP voter for the last number of years, and I could not put it better myself. They are also the only party with a progressive copyright stance. Both the Liberals and the Conservatives are totally quiet on it, while trying to pass corporate media backed laws in the background. The NDP do seem to be tackling more "modern" topics than the other two parties, who seem stuck in the same old rut. I am sure it has something to do with the demographic of the NDP party likely being less than 40, while the other two are greater than 50.

      I think bottom line the NDP are doing nothing wrong, though they need to prove their fiscal restraint to voters. The big thing as I see it is political modernization, and political reform. The current system is HEAVILY biased for Conservatives. Not only are all the ridings all messed up, but the weight each province has according to population is all skewed. Add to that the rural voters "count" more than urban voters (rural is all Conservative, Urban is Liberal/NDP mix), then that just isn't all that fair. On top of all that, the whole "First Past the Post" archaic political system is totally unfair to begin with (and undemocratic) and I believe we are either the LAST country or one of two that actually use that stupid system. The reason why things haven't changed is the two big parties are biased in that they gain power from it, so they do not want it to leave (or their supporters). All those things combined and you get a pretty undemocratic system, insofar as how much my vote is worth compared to someone Else's. Things will be slow to change until we have some political reform so I think it is likely the most important issue going (i.e. it will continue to be the Libs and the Cons playing their political games back and forth). As it is, I disagree with the Conservatives in most things, and I simply have no respect at all for the liberal party (though not totally opposed ideologically).

  4. Don't hold your breath by Drakkenmensch · · Score: 2, Informative

    Keep in mind that the Neo Democrats (NDP) are a minority party. As long as the ruling conservatives get the backing of the liberals (the main opposition party), they can beat the project and kill it outright. Stephen Harper has shown time and again to be a shill of the MPAA and RIAA, so this outcome is the most likely one.

    1. Re:Don't hold your breath by c_sd_m · · Score: 2, Informative

      But the NDP is a pretty big minority. If the liberals and NDP stick together on an issue, the tories can't overrule them. Or did I miss another election?

    2. Re:Don't hold your breath by anthonyfk · · Score: 2, Informative

      They'd need the support of the Bloc as well. Liberals + NDP = 114 seats to the Conservatives 144.

  5. Cue the..... by Lumpy · · Score: 2, Insightful

    Phone company sympathizers that will claim it hurts business...

    wont someone think of the rich CEO's!

    --
    Do not look at laser with remaining good eye.
  6. Re:Hmm.... by corychristison · · Score: 2, Informative

    This news comes on the heels of some of the larger Mobile carriers recently launching their GSM (most 3.5G) networks.

    Before very recently there was only one company in the entire country that utilized GSM and that was Rogers. Every other company was CDMA. There were a few other company names that used GSM, but they simply bought/rented bandwidth off of Rogers towers. The largest of which was Fido, however they were eventually bought up by Rogers.

    This sounds like a good thing to me and I hope it goes through. It probably wont because Telco's here have a lot of power just like they do in the USA.

    My provider is set to launch their GSM network in a few weeks and I'm pretty excited.

  7. 3rd party unlocking legal in Sweden. by migla · · Score: 2, Informative

    Over here in Sweden, 3rd party unlocking of phones is legal. (or at least has been, haven't seen much advertising for that lately, come to think of it.)

    You could pay the equivalent of $50 or something to some bozo with a computer and a cable to crack the operator lock.

    Obviously, if you signed a contract with monthly fees for a number of months, you'd still have to pay those, but there were some marketing stunt where you could get a locked phone without monthly fees virtually for free. You could then unlock it and sell with a nice profit.

    That kind of deals obviously don't come often. Maybe there was just the one.

    --
    Some of my favourite people are from th US; Vonnegut, Chomsky, Bill Hicks.
  8. Bill Proposes Canadian Cellphone Unlocking Rights by Hognoxious · · Score: 4, Funny

    Ted, however, is against it on the grounds that it's totally bogus.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  9. A letter I sent to my NDP representative 8/25/09 by Lythrdskynrd · · Score: 4, Interesting
    I sent this letter to my local NDP representative 8/25/09

    I am writing you due to my concern and displeasure with what I feel are unacceptable, anti-competitive practices in Canada's mobile phone industry.

    Foremost among my concerns is the practice of "Cell Phone Network Locking". Cellular phones are expensive pieces of equipment. Consumers nowadays can expect to either pay hundreds of dollars or be required to lock themselves in to a three year contract in order to get a handset subsidized by their network provider.

    I understand and respect the network's need to protect their investment in terms of the "minimum contract time", but my problem arises at the end of the contract term (or immediately, in the case of the consumer who purchases their hardware outright).

    Networks sell their hardware in a "Network Locked" state. This means that a phone purchased from Rogers will only work on Rogers owned networks, Bell only with Bell and so on... If a consumer who owns their phone outright is in any way unsatisfied with their service or have to switch providers for any reason, they are forced to abandon their hardware and "start again" with a new and expensive handset or enter another long contract.

    Modern cell phones will typically cost $500 but can climb to almost $1000 for top-of-the-line hardware.

    A recent article in the news cites Canada's cell phone rates as being amongst the world's most expensive (http://www.cbc.ca/technology/story/2009/08/11/canada-cellphone-rates-expensive-oecd.html).

    Though many countries do not have laws regarding the practice of SIM locking, a number of countries do seem to have been able to strike a fair balance between consumer protection and corporate profits.

    I would urge you to consider pursuing Canadian regulations like those described in the following countries: Brazil, Denmark, Finland, France, Hong Kong, Italy, Netherlands, Singapore and Spain. (http://en.wikipedia.org/wiki/SIM_lock) All of these countries have regulations that in one way or another allow the consumer to freely own their handset after they have paid for it. Often there is some fair and reasonable period of protection for the company.

    Whether it be like Hong Kong's "until the phone is paid for", or Denmark's "Six Months" isn't really an issue for me, but for the time being it seems that relying on Canadian providers to voluntarily provide unlock codes to consumers is not working. I believe a legislative implement will be what is best for Canadians.

    Competition is good for the consumer as is choice, allowing customers who have paid for their hardware to choose which provider to get their service from will hopefully improve our situation.

    A second issue which seems to be getting coverage elsewhere is the move to charge consumers for receiving text messages. I am strongly against this as it opens the door for consumers to be forced into paying "Junk Mail".

    Although I'll admit that I'm not necessarily an NDP supporter regularly, I am certainly in agreement with their current "I'm Against The Text Message Cash Grab" campaign that they seem to be running (Even if the language is a bit inflammatory for my tastes, the message is clear). Should you find yourself in a position to suppourt a bill on this issue, I would be pleased if you did.

    Thank you very much for your time,

    And here we are nearly 10 Months later and they're introducing a bill?

    Could it be possible that the political system actually works? Surely there's some other explanation. Please, Oh Please, let there be some other explanation... I'd hate to be forced into voting for the NDP as the only party that isn't completely incompetent.

  10. Re:Hmm.... by FingerSoup · · Score: 2, Insightful

    Rogers Bought Fido, and merged their two GSM networks. Telus and Bell, who both used CDMA, are in bed together now, and created their own GSM network, so they could get the iPhone. So now, we actually do have a choice where we get our contracts from. The only problem is that the plans are so similar these days, that they all cost about the same for the same amount of minutes, data, etc... If I didn't know better I'd say they were price fixing.... hopefully the new wireless companies (Wind, hopefully soon to be Shaw), will actually do some radical things to pricing that will bring down the incumbents...

  11. Re:Wrong! by ahankinson · · Score: 2, Insightful

    Funny. That looks familiar.

  12. Re:Awesome except for one small thing. by The+Evil+Twin · · Score: 4, Informative

    Telus and Bell built a JOINT network. It's the same 3G network operating on 850Mhz & 1900Mhz.
    Their CDMA Network is on the way out and will not be upgraded.
    Rogers also has a 3G network operating on 850Mhz & 1900Mhz.

    So, you have the nations three biggest carriers operating on the same frequencies of 850Mhz & 1900Mhz HSPA(+).
    The only thing not compatible is the first and second gen networks.

    The only carriers that this doesn't affect are Mobilicy and Wind.
    a. because they don't have contracts and in case of Wind, will unlock your phone (after 3 months) (not sure about mobilicity)
    b. they are on the AWS band and are only compatible with each other. (1700Mhz/2100Mhz)

    --
    --- tracer.ca
  13. Disappointed... by name_already_taken · · Score: 2, Funny

    I was disappointed to see that the dog wasn't holding a gun. Clearly that family is not fully committed to being armed.

    --
    Putting moderation advice in your .sig lowers your karma!
  14. Re:Awesome except for one small thing. by anethema · · Score: 3, Informative

    You're generally wrong.

    Telus runs two networks. Their new HSPA+ (21mbps) network runs on both 850 and 1900 spectrum.

    Rogers has both GSM AND HSPA/UMTS on 850 and 1900. Generally their 3G HSPA stuff is on 850 while the 2.5G EDGE is on 1900 but this is changing in many rual centers.

    You can take an iPhone for example, and work perfectly fine on Telus, Bell, or Rogers (provided it is unlocked which they are from the Apple Store up here).

    The particular phone you gave an example for was a bad one as well. The N900 has 2.5G EDGE/GSM on all Canadian frequencies. But it's 3G is only on the AWS band, which is T-Mobile in the USA or WIND Mobile here in Canada. You're also wrong about the SIM, Bell and Telus (and Nokia..what?) have their GSM network which has SIM cards like any other.

    Telus/Bell still run their CDMA network but it is generatlly depreciated and not many phones are sold for it any longer.

    SO basically there is no incompatible bullshit other than the info in your post. LTE will be welcome of course.

    --


    It's easier to fight for one's principles than to live up to them.
  15. Good intention, but useless ... by kbahey · · Score: 2, Informative

    This bill is good intentioned, but practically useless, given the state of affairs of the cell phone market reality in North America (yes, USians, you too!)

    In Europe, Africa and most of Asia, everyone standardized on GSM. You ask the network for a phone number, and they give you a SIM card, you go to any shop and buy any phone and it is guaranteed to work with any network you choose. Not only that, but phones work everywhere from Hong Kong to Dubai to Spain to Johannesburg. Nothing special, other than getting a SIM card if roaming is too expensive.

    In the USA and Canada, we the consumers, have accepted things that are never acceptable elsewhere. For example, we had CDMA, which is used only in the USA, Canada, Japan and perhaps another one or two smaller countries. CDMA does not have a SIM card. The phone is made by the manufacturer and locked to a certain network that sells you the phone.

    Even when GSM came to North America, it was done in bands that were not the standard ones used elsewhere in the world, which was circumvented when quad band phones were put on the market. Meaning they work in Europe and Canada/USA, but they have a higher price and have more silicon inside to handle this fragmentation.

    When 3G came by, more fragmentation occurred. The governments started selling "spectrum", and companies like Google and Cricket grabbed certain bands (WINDMobile, Mobilicity and Public Mobile in Canada did the same). AWS was invented.

    This means that a phone from Rogers will not work with WINDMobile and vice versa.

    So what use will the bill be if they are operating at different frequencies?

    Not only that, we see industry lobbyists asking for "more spectrum". The excuse is that spectrum is too crowded, but the real reason is more fragmentation and balkanization so they can lock in customers more and more. Why does Europe which is more densely populated, or Egypt have more carriers, yet all handsets work on all networks?

    See this article I wrote earlier: Mobile phone carriers lobby for more balkanization by asking for more spectrum as well.

    1. Re:Good intention, but useless ... by Cimexus · · Score: 2, Insightful

      You can add Oceania to your list in the second sentence too (i.e. Australia/NZ etc.). Unless you consider that part of Asia (most people here generally don't). But we too are completely standardised on GSM in the same way as Europe etc.

      As a regular traveller to North America (both US and Canada), the state of cell phones over there has pissed me off for almost two decades now. Even in the mid 90s, I could take my Nokia brick (GSM) to any other country on earth, step off the plane, and be roaming without issue within minutes. But in the US and Canada, I had no phone coverage at all. Even in the early 2000s, when the US was starting to get GSM networks, I still couldn't get any signal because you guys used some non-standard frequency that most non-American phones couldn't use.

      Things have got gradually better each time I have returned to the US though (which I do 2-3 times a year):

      ~2003: first time I succesfully got a signal using my (Australian-bought) GSM phone in the US. This was mostly due to phones starting to be triband/quadband and hence able to connect to American frequency GSM networks. But sadly, it only worked in LA (I was transiting through LAX). Couldn't get a signal anywhere else in the country that I went to (even large places like Chicago).

      ~2006: started to get GSM coverage in most major cities now, although still hit and miss, especially in the midwest.

      ~2008: finally had GSM coverage almost everywhere I went in the US, although there's still some holes (including in some places where there's a decent population).

      It's still not perfect though. SMS to overseas numbers still seems flaky in certain areas of North America ... I've had a lot of messages just never make it to their recipients (even though it works flawlessly in every other country). I think this is more to do with inter-carrier agreements and stuff rather than the technology itself though ... the US seems to have a lot of small regional operators, particularly in rural areas, whereas most other countries just have a couple of large networks covering the whole country).

  16. Re:A letter I sent to my NDP representative 8/25/0 by alexo · · Score: 2, Funny

    Canada has 25 months now?

    Of course.
    Dividing the year into 25 months instead of the customary 12 is very convenient.
    That way we can still claim that we have 3 full months of summer.