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FCC To Investigate Cell Phone Unlocking Ban

Posted by Soulskill on from the more-the-merrier dept.

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."

9 of 65 comments (clear)

  1. maybe check out FCC.gov by zlives · · Score: 5, Insightful

    ""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."

    1. Re:maybe check out FCC.gov by Anonymous Coward · · Score: 5, Insightful

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

    2. Re:maybe check out FCC.gov by geekoid · · Score: 4, Insightful

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

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    3. Re:maybe check out FCC.gov by icebike · · Score: 5, Insightful

      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?

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      Sig Battery depleted. Reverting to safe mode.
    4. Re:maybe check out FCC.gov by Attila+Dimedici · · Score: 3, Insightful

      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.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
  2. The FCC has done similar before. by AlphaWolf_HK · · Score: 5, Interesting

    The FCC has done a lot of similar things, say for example mandating that cable companies can't sell boxes that don't include a cablecard, or requiring all cable companies to permit self install of cablecards.

    What would stop them from outright forbidding cell phone locking?

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    1. Re:The FCC has done similar before. by DragonWriter · · Score: 5, Informative

      What would stop them from outright forbidding cell phone locking?

      Regulatory agencies are empowered by specific positive grants of power. The appropriate question is "what would allow them to...", not "what would stop them from..."

  3. Re:Publicity stunt by Reverand+Dave · · Score: 3

    He was right the first time. You're an idiot. Getting a working budget is the job of congress and they aren't gonna do anything to help the Whitehouse. Something like this is more in line with the executive branch, but if it really makes you feel better to blame our ruined budget on something other than 2 unfunded, unjustified wars and corporate welfare, then by all means go ahead and point the finger...

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    I got here through a series of tubes
  4. Re:Wrong branch by DragonWriter · · Score: 3, Informative

    Which goes a long way towards explaining the wrongheadedness of the decision, and should give a fine hint as to exactly what the FCC Chairman can expect to do about it. (Nothing.)

    The fact that the Librarian of Congress can issue a directive making it illegal under the DMCA for consumers to unlock phones that have been locked by providers does not mean that the FCC can't issue an order under its authority with regard to telecommunications prohibiting wireless vendors from locking phones in the first place, which would render the issue of a DMCA exemption allowing unlocking locked phones moot.

    Asking the FCC to investigate and explore possible action is, in a sense, more than the petition called for (as it called on the President to ask the Librarian of Congress to reverse the decision and, failing that, lobby Congress to take legislative action to reverse the LoC action.)