FCC Might Investigate Whether Or Not Ban On Cell Phone Unlocking Should Have Been Allowed

from the obama-administration-vs.-obama-administration dept

This one is so odd I almost wonder if there were some key points lost in translation (not in language, but from "policy wonk speak" to "journalist speak"). We've talked plenty about the recent move by the Librarian of Congress not to renew the DMCA exemption for unlocking your mobile phone. That story kicked up a lot of anger and protests from people. And while there has been some talk of trying to convince the administration to change the ruling, the general sense seemed to be that the issue would just wait for the review period, which happens ever three years.

However, Greg Ferenstein at TechCrunch is reporting that FCC boss Julius Genachowski claimed that not only were there "concerns" about the ruling, but also that the FCC was going to investigate the matter:
The "ban raises competition concerns; it raises innovation concerns."
Of course, he also admitted that he might not have any actual authority over this particular issue (he doesn't). As great as it would be for some other agency within the same administration to come out and counter another agency concerning this issue, that still seems unlikely. The FCC's mandate almost certainly doesn't stretch so far as to permit unlocked phones, but it sounds like Genachowski is interested in seeing if he can find some way to find that authority somewhere, somehow.
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. "It's something that we will look at at the FCC to see if we can and should enable consumers to use unlocked phones."
In the end, I can't see how the FCC has a legitimate say in the matter, even if I agree with their stance that consumers should be able to unlock their phones.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: anti-circumvention, dmca, exemptions, fcc, julius genachowski, mobile phone unlocking, unlocking


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Anonymous Coward, 1 Mar 2013 @ 1:35pm

    once a person has bought something, it is his/hers. that is how it always was and how it should always be. if companies want to try to implement different conditions, they should only be allowed after consulting with the various governments that write the laws for selling. if customers then want to do something different again, they should be able to do so with only the warranty that came with the item being revoked. there should be no way that any manufacturer can prosecute a customer for not agreeing to the terms the companies want to force on to customers. even things like Sony's PSN should still be available as a lot of games wont work without that connection. either that or ALL game content must be on disk when the games are bought

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Make this the First Word or Last Word. No thanks. (get credits or sign in to see balance)    
  • Remember name/email/url (set a cookie)

Follow Techdirt
Insider Shop - Show Your Support!

Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.