FCC To Investigate Cell Phone Unlocking Ban

Edgewood_Dirk writes "In response to the recent White House petition, the FCC will be investigating the viability and possible harm of the ban on cell-phone unlocking. Gregory Ferenstein met with FCC Chairman Julius Genachowski at a TechCrunch CrunchGov event Wednesday, where the Chairman said the 'ban raises competition concerns; it raises innovation concerns.'" This line from the end of the article fails to inspire confidence: "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."

Re:The FCC has done similar before.

[DragonWriter]

What would stop them from outright forbidding cell phone locking?

Regulatory agencies are empowered by specific positive grants of power. The appropriate question is "what would allow them to...", not "what would stop them from..."

Re:Wrong branch

[DragonWriter]

Which goes a long way towards explaining the wrongheadedness of the decision, and should give a fine hint as to exactly what the FCC Chairman can expect to do about it. (Nothing.)

The fact that the Librarian of Congress can issue a directive making it illegal under the DMCA for consumers to unlock phones that have been locked by providers does not mean that the FCC can't issue an order under its authority with regard to telecommunications prohibiting wireless vendors from locking phones in the first place, which would render the issue of a DMCA exemption allowing unlocking locked phones moot.

Asking the FCC to investigate and explore possible action is, in a sense, more than the petition called for (as it called on the President to ask the Librarian of Congress to reverse the decision and, failing that, lobby Congress to take legislative action to reverse the LoC action.)