FCC To Investigate Cell Phone Unlocking Ban

Edgewood_Dirk writes "In response to the recent White House petition, the FCC will be investigating the viability and possible harm of the ban on cell-phone unlocking. Gregory Ferenstein met with FCC Chairman Julius Genachowski at a TechCrunch CrunchGov event Wednesday, where the Chairman said the 'ban raises competition concerns; it raises innovation concerns.'" This line from the end of the article fails to inspire confidence: "Genachowski isn’t sure what authority he has, but if he finds any, given the tone of the conversation, it’s likely he will exert his influence to reverse the decision."

Comments

maybe check out FCC.gov

[zlives]

""Genachowski isn’t sure what authority he has"" I refer him to http://www.fcc.gov/what-we-do and specifically to

" Promoting competition, innovation, and investment in broadband services and facilities;
        Supporting the nation’s economy by ensuring an appropriate competitive framework for the unfolding of the communications revolution;
        Encouraging the highest and best use of spectrum domestically and internationally;
        Revising media regulations so that new technologies flourish alongside diversity and localism;
        Providing leadership in strengthening the defense of the nation’s communications infrastructure."

Re:maybe check out FCC.gov

[Anonymous Coward]

also if they have no authority and can't get anything done, get lost and give me my tax dollars back.

Re:maybe check out FCC.gov

[geekoid]

None of which indicates what legal recourse he can take in the instance.
That's what he is talking about.

Re:maybe check out FCC.gov

[icebike]

None of which indicates what legal recourse he can take in the instance.
That's what he is talking about.

Well they seem to rewrite FCC regulations at will when they want to swap frequencies or ban certain devices. Usually with no change in the law.

Why are they investigating the effects of "ban on cell-phone unlocking." Why aren't they investigating a BAN on Celphone Locking? Several other countries have such a ban. Why do we allow such locking anyway? The carriers have your credit card, they have a contract, why do they need a lock on on your phone?

Re:maybe check out FCC.gov

[Attila Dimedici]

If Congress has never passed a law which grants the FCC the authority to regulate whether or not a cell-phone provider can ban users from unlocking cell-phones, than the FCC has no authority to intervene. It very well may be that the FCC would need to go to Congress to request such authority. Of course in that case one would hope that Congress would consult the Constitution to see whether or not they had the authority to grant the FCC such authority (I also know that Congress would not do so). I am not commenting either way on whether or not the FCC or Congress has such authority.