FCC plans to rule carriers must unlock phones after 60 days

[beschizza]

Originally published at: https://boingboing.net/2024/07/02/fcc-plans-to-rule-carriers-must-unlock-phones-after-60-days.html

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[Gary]

Carriers have nothing to worry about, they’ll bring a case to the Supreme Court and get a rubber stamp approval to never have to unlock the devices they offer, ever.

[FloridaManJefe]

was wondering that very same thing. how can the FCC regulate this when SCOTUS gutted the regulatory authority of the administrative state?

[sqlrob]

Executive order giving them the ability?

[bcsizemo]

@Gary

Carriers have nothing to worry about, they’ll bring a case to the Supreme Court and get a rubber stamp approval to never have to unlock the devices they offer, ever.

Maybe. From my experience several years ago the major US carriers won’t let you bring just any unlocked phone. I’m still using an ancient LG G7, which I bought as a non-OEM unlocked phone. Since it was the current generation Verizon would let you bring it - but nothing older than current gen stuff even though I was replacing an LG G3 on the same network.

Of course in those many years the pay as you go and reseller market has increased so from a customer perspective it is a good thing if the phone is unlocked. I’d like see the phone manufactures forced to provide the tools to unlock boot loaders after the phone is discontinued. My G7 still does a lot of what I ask of it (in terms of hardware) but software is rapidly making it obsolete.

[KowboyBob]

@bcsizemo

Maybe. From my experience several years ago the major US carriers won’t let you bring just any unlocked phone. I’m still using an ancient LG G7, which I bought as a non-OEM unlocked phone. Since it was the current generation Verizon would let you bring it - but nothing older than current gen stuff even though I was replacing an LG G3 on the same network.

There are still technical limitations which dictate which phones will operate on which networks - especially true with older models that were not designed for LTE or 5G. The GSM vs CDMA debate is mostly settled now though, however the major carriers still operate on separate frequencies.

CDMA vs. GSM: What's the Difference?

[MagicFox]

I’m sure right after they provide totally legal advance gratuities to the conservative justices.

[mmascari]

@FloridaManJefe

was wondering that very same thing. how can the FCC regulate this when SCOTUS gutted the regulatory authority of the administrative state?

The FCC can still create the rule. Someone can sue and a judge will have final determination if this specific rule is clearly within the FCC scope or not. Did congress write in law that the FCC can regulate carrier unlock rules specifically to 60 days or does the law just say something vague like enable the market to function. The judge will decide if it’s really within the scope of the FCC through a narrow reading of the exact text, their robust mobile phone and carrier knowledge, and who was the best travel agent.

Over time, most agencies will learn to just not propose rules that aren’t exactly in the text and ignore any general instructions in the law.

So, kudus to the FCC for still trying and not giving up yet.

Probably take a couple of years before they give up on all rules around frequency use and managing interference too.

[LoEyeKyu]

Thanks to the Supreme Court, won’t the carriers just ignore them?