The top five U.S. mobile operators have agreed
to let their customers unlock their devices and move to another provider
under pressure from Congress and the Federal Communications
Commission.
AT&T, Verizon Wireless, Sprint, T-Mobile and U.S. Cellular signed on to an agreement
that allows customers to unlock their mobile phones and other devices
once they have fulfilled their contracts with their original carrier,
the mobile trade group CTIA announced Thursday.
The agreement is a
voluntary commitment by carriers to respond to unlocking requests
promptly, unlock their phones when eligible and notify subscribers about
eligibility. It also includes a commitment to unlocking devices
belonging to military personnel when they are deployed for service.
Most
mobile devices sold in the U.S. are locked to a particular carrier's
network and can't be used on other networks unless they are unlocked, a
software change that may be carried out either in person or remotely.
Unlocking gives device owners more freedom to choose among mobile
operators for the best prices on service. Critics have accused carriers
of making it difficult for their subscribers to unlock their phones even
when eligible.
Activists, lawmakers and the FCC have leaned on
carriers to allow unlocking and inform consumers about it. Last month,
FCC Chairman Tom Wheeler threatened
to legally regulate unlocking if the mobile industry didn't agree to a
set of principles for making it easier. In a letter to CTIA President
and CEO Steve Largent, Wheeler said the FCC and CTIA had been in talks
about unlocking for eight months. Wheeler sought action before the
December holiday season.
For regular monthly subscribers,
carriers agreed to unlock devices upon request after the customer has
fulfilled their contract or financing plan or paid an early termination
fee. For prepaid customers, they will unlock devices no later than one
year after the first activation. The carriers also agreed to clearly
disclose their unlocking policies and give timely notice when
subscribers are eligible for unlocking. They also committed to
responding to unlocking requests within two business days.
The
carriers agreed to implement three of the standards within three months
and implement the whole commitment within a year. The CTIA didn't
specify which three should be implemented first.
The five
operators that agreed to the principles include the four major national
carriers and the next largest provider that isn't being absorbed by a
major carrier. Leap Wireless, which has been an independent prepaid
carrier, is in the process of being acquired by AT&T. The CTIA
recommended that the standards be incorporated into the CTIA Consumer
Code for Wireless Service, under which the organization annually
certifies mobile operators.
Consumer rights group Public Knowledge applauded the agreement but said it shouldn't take a year to carry out.
"This
agreement provides customers of the largest carriers the definite
ability to unlock their phones and move them to competing carriers.
Crucially, it also has strong requirements that carriers give clear and
useful notice to consumers of their rights when they can unlock," Vice
President of Legal Affairs Sherwin Siy wrote in a statement. "However,
it shouldn't take nearly a year, or the intervention of the FCC, to
achieve a partial solution to this problem. With more sensible laws in
place, the Commission wouldn't have to take steps like these to cajole
the carriers into a common-sense solution."
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