FCC Wants Carriers To Unlock Customers’ Phones Within 60 Days

The Federal Communications Commission wants to eliminate a pain point for customers by forcing wireless carriers to unlock phone within 60 days of activation.

Carriers often require lock phones to their network, keeping them locked for months, or even years. The practice is designed to discourage customers from switching to a rival service. Unfortunately, it also inhibits other options. For example, Android users wanting to install a more secure version of Android—such as GrapheneOS or CalyxOS—cannot do so unless the phone is unlocked.

The FCC is tackling this issue, proposing a new rule that would require providers to unlock customers’ phones within 60 days.

The Federal Communications Commission today proposed that the agency require mobile service providers to unlock customers’ mobile phones within 60 days of activation. Expanded unlocking requirements would establish a clear and uniform set of requirements for all mobile service providers. New unlocking rules would allow consumers the freedom to take their existing phones and switch from one mobile service provider to another more easily, as long as the consumer’s phone is compatible with the new provider’s wireless network.

Mobile phone unlocking can increase consumer choice and competition in the mobile service provider marketplace. Updated unlocking rules would give consumers more flexibility when switching service providers, increase competition among service providers, and reduce customer confusion by applying the same unlocking rules to all service providers.

“So much about these devices has changed in such a short time,” said FCC Chairwoman Jessica Rosenworcel. “In fact, it was not that long ago when unlocking a mobile handset—which lets you take your phone with you to any wireless provider you choose—violated copyright law. I think that is crazy. A lot of consumers thought so, too. Because a decade ago a petition landed at the White House demanding change. Congress took up the call and passed the Unlocking Consumer Choice and Wireless Competition Act. The law made clear consumers were not doing anything illegal when they used their old phone to sign up for service with a new provider. This was good for consumers and good for competition.

“But sweeping out the dusty remnants of copyright law was not enough. Because despite the efforts of Congress to address unlocking in this law, the efforts of the Federal Communications Commission to reinforce it in spectrum auctions and transactions, and the efforts of the Department of Justice to impose it as a merger condition, restrictions on consumers unlocking their phones have persisted.

“It is time to end them once and for all. You bought your phone, you should be able to take it to any provider you want.

Rosenworcel took aim at T-Mobile, without mentioning the company by name, after it increased the unlock period for its Metro brand to 365 days from the original 180.

“Some providers already operate this way. Others do not,” Rosenworcel said. “In fact, some have recently increased the time their customers must wait until they can unlock their device by as much as 100 percent. Enough. We can put in place a nationwide standard because it is in the best interest of consumers and competition. So today we propose that all mobile wireless service providers unlock phones 60 days after the device is activated and we seek public comment on doing so. This is simple. This is clear. This is how we build a digital future that works for everyone.”

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