Is Verizon Breaking FCC Regulations With Locked Bootloaders?
First time accepted submitter PcItalian writes with an excerpt from an interesting editorial on XDA Developers: "The open access provision requires Verizon to 'not deny, limit, or restrict the ability of their customers to use the devices and applications of their choice on the licensee's C Block network.' It goes on to say, 'The potential for excessive bandwidth demand alone shall not constitute grounds for denying, limiting or restricting access to the network.' Verizon bought Block C and tried to have the provisions removed. They failed. ... That means if a device uses the Block C frequencies, Verizon cannot insist what apps or firmware it runs. ... So the question is, do any devices use Block C frequencies? Yes. Some are called Hotspots. Others are called the HTC Thunderbolt... [Hotspots] comply with FCC regulations as far as I'm aware. The HTC Thunderbolt, on the other hand, does not. In the list of rules and exceptions for the Block C license, it says this: 'Handset locking prohibited. No licensee may disable features on handsets it provides to customers, to the extent such features are compliant with the licensee's standards pursuant to paragraph (b) of this section'...'"
So what now? It's not like we can show this to Verizon and go "HAH! SEE! TOLDJA SO!" and expect them to unlock anything. If anything they've known about this for a very long time.
Like Verizon would let a silly little thing like laws get in their way...
I will revert to smoke signals before I use their "services" ever again.
And I speak from experience, having been abused by them.
Apparently what they're doing isn't necessarily illegal, according to Android Police.
http://www.androidpolice.com/2011/10/24/psa-verizon-locking-bootloaders-on-lte-devices-likely-does-not-violate-fcc-block-c-spectrum-rules/
Normally I dont agree with that kind of defeatism, but Verizon keeps doing this at every turn: http://arstechnica.com/tech-policy/news/2010/10/solved-verizon-to-pay-25-million-fine-over-mystery-fees.ars. They are just up to the same old unethical behavior as before. Add uninstallable bloatware nagging you to buy things or use in app billing, they are really biting the hand that feeds them. Android phones are their bread and butter, making them cash hand over fist. Add insane data charges and it's really obvious how badly distorted the wireless market is. The ironic part? Google is who bid the c-block up to the open-access provision level. Forcing the winner to accept open access.
Verizon: we keep working you like a whore.
Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
I have the HTC Thunderbolt, unlocked running BAMF. According to the verizon rep, the bootloader lockdown was at the request of HTC. Additionally, the warranty is handled by the manufacturer, and would be void by them, not verizon. He told me that I could return the phone, and verizon only does some cursory testing to see if it turns on, functions, etc. The fact it was rooted wouldn't be detected until handed to HTC.
Now this is all assuming Verizon isn't lying to me. It could very well be all false. But it seems like they're trying to pin the fault on locked down phones to the manufacturer, NOT themselves. Aren't there some Android phones, made by Verizon that are unlocked?
HTC isn't a licensee.
HTC doesn't just lock phones that go to Verizon; they lock all of the phones they sell. You are buying a phone from HTC that HTC locks. Verizon can't tell you what you can or can't put on that phone, but by buying into HTC's walled garden, HTC can tell you what you will or won't put on that phone.
Verizon in fact can't even tell HTC to unlock their phone (not that they would want to) because they aren't allowed to tell the manufacturer how to make their phone.
Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
"It's just a fucking piece of paper"
Verizon will do what they will, because the penalties for not complying with regulations are infinitesimal compared to the profits from nickel-and-diming customers.
--
BMO
HTC has a bootloader unlock tool, however it doesn't support the thunderbolt. It has the usual drawback (voided warranty), but it would still be worth it to have an officially sanctioned unlock process. If I were to guess, the reason for this situation is due to external pressure from a certain carrier on HTC.
Oh, and this was posted from a laptop tethered to an HTC thunderbolt with an "unlocked" bootloader.
Would other companies that bid on the C block have standing to sue? Some allegation like... Verizon's willful violation of its license terms demonstrates that it won the auction on false pretenses; those false representations led competitors to lose the auction, etc., etc.
oh i can buy other phones, but there is no signal at my house for anyone but verizon
Not even a land line? I thought that's what the universal service fee was for: to get land-line coverage up to 100%.
Non-compliance by Verizon is cause for the FCC's termination of Verizon's licenses of C-Block bands. At that point, the FCC should reclaim the licenses and re-auction them to parties who would know that they can sub-lease them to a Verizon that they have by the balls.
The move here is to petition the executive branch to actually do its fucking job, which may mean firing the entire Genachowski FCC and starting over.
Installing a new OS on my Windows machine doesn't void the warranty, and neither should installing a new build of Android on an Android device. There should be a golden bootloader that is locked that then allows the installation of any operating system software. Then you can make a relatively unbrickable device that gives people complete choice. TPM for the DRM dicks if you really think you have to, bud I'd rather that we, as a people, decide to stop stabbing ourselves in the face.
Verizon shouldn't be allowed any end-runs, nor should, frankly, anyone else. So the FCC didn't man up and actually give us network and device neutrality that makes sense. That's not the end of the world if they actually enforce C-Block restrictions effectively.
No, the way to fix this is to seize all profits made as a result of the violation, and then add a fine on top of that.
The 'fine' should be loss of the license. They appear to have broken the license deliberately to make more money so they should have to repay the money and then lose the license for having proven themselves untrustworthy to have it. This would certainly be disruptive to customers but if governments behaved this way you'd soon see companies taking their responsibilities a lot more seriously and there there would be less need for such forceful action.
Here in Switzerland you can buy your phone at any shop that sells mobiles and sign a contract with a phone company.
The cool thing is, if you do so, you get a phone which came directly from a factory, e.g. no sim lock, no bloatware, etc. It is a really cool approach, but I dont know how heager us companies would be to adapt this approach.
and this is not the first time the question has been raised -- see also: potential future 4G iPhone (which will be very interesting)
With regards to the Thunderbolt, however, the bootloader is easily unlocked so it doesn't seem to be the best case to get upset about.
The requirement doesn't mean they have to hook up only unlocked phones. Just like the requirement decades ago wasn't that AT&T stop renting hardwired phones. The requirement is that if I buy any random device capable of talking on their network, they must allow me to use it on their network... even if that device does things with their network they'd rather it not.
Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
But, depending on the circumstance, a lawsuit might compel the FCC to take action.
Block C should never have been sold. They should have charged for permission to build devices that communicate over 700hz and left the connectivity and use up to the public. Allowing ONE company to control a frequency is completely unacceptable!
Having to work for a living is the root of all evil.
Why not a RICO prosecution?
It's clearly a conspiracy on the part of executives to break the law and obtain illegal profits.
Let's seize all the personal assets of these executives, fine them a few million dollars personally and throw them in jail.
When "aggressive billing practices" starts becoming a significant risk of loss of personal fortunes and extensive jail time, then you'll see greater caution.
Trying to stop users from installing the latest operating system on old phones.
FTFA: The open access provision requires Verizon to “not deny, limit, or restrict the ability of their customers to use the devices and applications of their choice on the licensee’s C Block network.”
I'm not sure how this translates into "all bootloaders must be unlocked."
I can see it meaning "You can purchase any compatible LTE device and Verizon can't turn you down." Or even "Verizon can't kick you off their network for choosing to void your warranty and root your phone." (And if they are preventing either of those things, then that's a whole different article.)
In the case of the Thunderbolt, Verizon is selling you device with a specific set of specifications and features. If the specifications and feature set of that device don't meet your requirements, then you are free to purchase a device that does. If no device exists, they you are free to modify your device to expand on the included features and specifications. (It's fairly trivial to unlock the Thunderbolt's bootloader, even if there's no HTC-approved way of doing it.)
Where's the proof? I just tried googling for this document and all I could was page after page of this exact summary. Where's the link to the doc where that snippet is coming from?