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is carrier-cellphone unlocking obligatory now? And what about VOIP devices?

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pickaname

Active Member
What is the name of your state? CA

When the "Unlocking Consumer Choice and Wireless Competition Act" was enacted, I heard that mobile phone carriers were unlocking customer's phones on request if (and only if) their contract had matured. But when I read this:

https://www.congress.gov/113/plaws/publ144/PLAW-113publ144.htm

it suggests no real change to the law as far as the carrier is concerned. Mobile phone operators can still lock phones and they seem to have no obligation to unlock them. The only difference is that consumers may legally hack their devices for the purpose of changing networks -- at their own risk. But if it's true that consumers are simply immune from prosecution/lawsuit, then why are mobile phone operators unlocking phones on request? If if were their interest to unlock devices, they would have done so independent of the law.

So it seems I'm missing some part of the law. When Congress passes a bill, it's a bit of a hunt to pick through the U.S.C and C.F.R to find where the bill manifested. If indeed carriers are *required* to unlock devices on request, would someone please cite the law?

This is leading up to another question. It seems like an oversight that wireless phone customers would have protection from hardware being locked to a specific carrier, but VOIP customers do not get the same protection. That is, Vonage and the like still ships locked VOIP ATAs, and when a customer wants to change carriers or install a PBX, they're blocked. Which ultimately means perfectly functional ATA hardware is being dumped into landfills.
 


pickaname

Active Member
Your link refers to an addition to exemptions to prohibitions against circumvention.

Here is a link to Title 37 section 201.40(b)(3) of the Code of Federal Regulations:
https://www.law.cornell.edu/cfr/text/37/201.40
Right. Indeed I had read paragraph 5 of that. But that only seems to allow consumers to hack their devices, it doesn't obligate suppliers to unlock the devices for them. I don't believe AT&T would voluntarily unlock phones, so I'm looking for the code that compels them. I have phones and VOIP ATAs that need unlocking, so I'd like to read the law covering the extent that the suppliers of those devices must help with the unlocking. And if VOIP hardware has been overlooked in the law, I might petition so I need to see how the law is currently written to avoid petitioning for something that's not needed.


Good sources of information can be found here:
https://www.law.cornell.edu/rio/citation/83_FR_54028
It's useful but still only covers DMCA exceptions.
 

quincy

Senior Member
The Library of Congress issued the rules that allow wireless phone owners to break access controls on their own phones when they want to switch wireless carriers. The circumventions can be done by the owners, by others at the direction of the owners, or by services if authorized.

Are you having problems switching to another wireless carrier?
 

pickaname

Active Member
Are you having problems switching to another wireless carrier?
yes, that is one of several problems I'm having.
  1. I have an old Cingular-locked GSM phone and an old T-Mobile-locked GSM phone. Regardless of the lock, neither phone will work on AT&T or T-Mobile because both networks have upgraded to a new kind of SIM chip. So because the phones won't work on either network, both shops have refused to unlock them. Note that Cingular was acquired by AT&T. What I would like to do is install the phones in Europe where they will still work and use them there on a gammu server. But the problem is the phones are locked to US carriers who theoretically know the unlock code.
  2. I have a couple old locked iPhones. I don't even know what I will do with them. I will either sell them or I will use them as a PDA (i.e. w/out GSM service). Either way, it's not in my interest to have them locked. If I sell them, they're worth more unlocked. If I keep them, I want to have my choice of carriers if one day I want to activate them.
  3. I have a locked Vonage ATA. I'm not sure I'll keep Vonage; but even if I do, I want the device talking to my PBX while the PBX talks to the SIP provider - which won't always be Vonage. So to continue using Vonage with a PBX in the loop still requires unlocking the Vonage box. If I cannot compel Vonage to give me the password, the alternative is messy and risky (soldering and f/w flashing).
 

quincy

Senior Member
I suggest you search for someone skilled at unlocking locked phones. You can also search online for articles like the Digital Trend article on “How to Unlock a Phone on Every Carrier.”

Good luck.
 

FlyingRon

Senior Member
To answer your Vonage, the answer is NOT this law doesn't apply to you. It's narrowly focused on mobile phones which Vonage IS NOT.
Old iPhones aren't worth anything. Recent model ones would be worth a small amount of money, but they won't have the subsidy lock.
 

quincy

Senior Member
To answer your Vonage, the answer is NOT this law doesn't apply to you. It's narrowly focused on mobile phones which Vonage IS NOT.
Old iPhones aren't worth anything. Recent model ones would be worth a small amount of money, but they won't have the subsidy lock.
There can be good reasons for unlocking old phones, especially if you are looking to travel internationally. Unlocked phones are also easier to sell although I agree some old phones have little market value.
 

HighwayMan

Super Secret Senior Member
I stopped buying carrier locked phones years ago. I also don't buy $1000 phones.

If the OP is looking for phones to use in Europe he can but unlocked Motorolas - my experience is that they are good phones and relatively inexpensive, especially compared to current "flagship" devices.
 

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