[HN Gopher] FCC wants all phones unlocked in sixty days, AT&T an...
       ___________________________________________________________________
        
       FCC wants all phones unlocked in sixty days, AT&T and T-Mobile
       aren't so keen
        
       Author : miles
       Score  : 97 points
       Date   : 2024-09-21 06:52 UTC (16 hours ago)
        
 (HTM) web link (www.androidauthority.com)
 (TXT) w3m dump (www.androidauthority.com)
        
       | jalk wrote:
       | Can't the operators just sell unlocked phones with monthly
       | installments instead? The installment plan will then include free
       | service for some amount of data/minutes. If the user chooses to
       | switch operator, they are still bound by the installment contract
       | to pay off the phone.
        
         | 486sx33 wrote:
         | Yes, but let's just say you got a 1200 device and only made the
         | first two payments... jump to another carrier and abandon the
         | one with the finance plan. What's the recourse for the carrier?
        
           | ssl-3 wrote:
           | Small claims court? Inability for the debtor to get a loan
           | for even another phone (or a used car or whatever) for a
           | period of time?
           | 
           | It's messy and expensive, but perhaps it should be messy and
           | expensive.
        
           | lotsofpulp wrote:
           | The same recourse any other lender has for a borrower that
           | defaults.
        
           | happymellon wrote:
           | I bought a car, but then decided to not make the repayments.
           | 
           | What's the recourse for the lender?
        
             | RHSeeger wrote:
             | To be fair, car sellers have also started things like being
             | able to brick your car if you're behind on payments. Or,
             | for the up and coming ones, have the car just drive itself
             | back to the dealer (Ford).
        
               | monkeywork wrote:
               | can you share a link to this for story happening?
        
           | JumpCrisscross wrote:
           | > _jump to another carrier and abandon the one with the
           | finance plan. What's the recourse for the carrier?_
           | 
           | Subprime auto lenders use "electronic devices to remotely
           | shut down vehicles" [1].
           | 
           | Carriers could install remote management profiles on phones
           | financed for subprime borrowers. If a borrower defaults, the
           | loan is sold to a collector and phone erased and put in lost
           | mode.
           | 
           | It isn't pleasant. But neither is being locked into a phone
           | plan you don't want.
           | 
           | [1] https://www.bostonglobe.com/business/2017/03/14/car-
           | lenders-...
        
           | Shakahs wrote:
           | Currently the carrier will publish the phone's IMEI to a
           | central blacklist, so the phone can't be used with any
           | carrier that subscribes to the blacklist. Also iPhones can be
           | activation blocked via Apple, which is entirely independent
           | of the IMEI block done by carriers.
        
           | toast0 wrote:
           | Credit reporting and collections.
           | 
           | There's a reason carriers pull credit reports for post paid
           | accounts and 'free' phone promos right?
           | 
           | Although, personally, I prefer to be on the prepaid side of
           | the carrier. I'm not getting a promotional phone, and I'm not
           | paying for it in my monthly rate, so if my phone works for
           | more than two years, I'm saving money. And I don't really
           | need to use secret handshake financing... I'd rather pay
           | $17/month for my plan and pay for a phone when I need it.
           | 
           | That said, T-Mobile tried being the 'uncarrier' and charging
           | fairer prices for service and financing phones directly, and
           | it must not have worked as well as carrier norms because they
           | reverted to secret handshake financing.
        
             | smallnamespace wrote:
             | > Credit reporting and collections.
             | 
             | This has a loss rate of around 70-80% across the
             | collections industry, which is an extremely strong
             | disincentive to go this route since it's just highly
             | inefficient. The high cost of the collections process is a
             | deadweight loss upon all society.
        
         | acdha wrote:
         | That's how it should work. My understanding is that the
         | carriers (probably correctly) assume that there are more people
         | who will buy a cool phone if they don't think about it as a
         | short term loan - and then keep paying the same price after the
         | phone is paid off. If they had to say "$900 in 24 payments of
         | $50" more people would decide they don't need the "Pro" model
         | and the carriers would be forced to compete with the banks on
         | financing terms.
        
           | colejohnson66 wrote:
           | I've even seen ones where the loan is "backwards", and
           | they're getting more common - you pay full price up front and
           | they give you statement credits each month!
        
             | acdha wrote:
             | How did we live like animals in the dark era before such
             | innovative financial products?
        
         | lbourdages wrote:
         | That is how it works in Canada now. If you cancel your
         | contract, you have to pay the remaining balance immediately. No
         | fees, just the remainder.
        
           | Marsymars wrote:
           | Well, kinda. Carriers can work around that by marking up the
           | retail price so e.g. you have a $480 phone that the carrier
           | sells for $700, or lets you buy for $20/m over a 24-month
           | term with a promise to clear the $220 balance if you make it
           | to the end of the term, so it's effectively a penalty if you
           | cancel early.
        
             | grahamj wrote:
             | Yeah, or you spread the regular retail price over X months
             | with no interest and the carrier takes the manufacturer
             | subsidy.
             | 
             | The real catch is that they typically require you to be on
             | a high end non-BYOD plan, which keeps going up every year.
             | I prefer to buy the device outright and minimize the plan
             | cost.
        
         | cogman10 wrote:
         | The point is to lock the user into a contract with the carrier.
         | By binding the phone to there service they make it unlikely
         | that a user will switch providers as that would need a new
         | phone while still paying off the old phone.
         | 
         | That's why they'll offer these phones at low or no interest
         | plans, so they can pull in the $50/month subscription for the
         | years that the phone is being paid off.
        
           | ImPostingOnHN wrote:
           | What's the difference between giving away a $1200 phone in
           | exchange for a 2-year contract which costs $50 extra per
           | month,
           | 
           | compared to a plan which costs $50 less per month, and a BNPL
           | plan attached to the carrier which costs $50 per month?
        
             | FireBeyond wrote:
             | > What's the difference between giving away a $1200 phone
             | in exchange for a 2-year contract which costs $50 extra per
             | month
             | 
             | That phone is generally not given away - the only phones
             | "given away" are generally low end. $1200 flagship phones
             | come at the cost of a contract on the line AND a monthly
             | payment for the device that pays for it in full.
        
               | RHSeeger wrote:
               | The last 3 phones I purchased, it was a choice between
               | 
               | - plan + buying new phone + no contract
               | 
               | - plan + phone "free with plan" + increase in plan cost
               | because of phone + 2 year contract
               | 
               | For one pone, the first was a clear winner. For another,
               | it was slightly cheaper to get it with the plan (2nd
               | option). For the last (iphone) it was the second option,
               | but there was no increase in plan because of it.
               | 
               | So, the "cost" of the phone can vary a lot, and taking
               | the time to figure it out is well worth it.
        
               | ImPostingOnHN wrote:
               | If the monthly payment pays for the device in full,
               | what's the problem with a customer ending the service
               | contract while continuing the monthly payments?
               | 
               | If the monthly payment _doesn 't_ pay for it in full, why
               | not just make the monthly device payments $n more, and
               | the cellular service payments $n less? That way you don't
               | need to worry if the service plan is cancelled, because
               | the device payments would still be due (or a lump sum
               | payment would be due).
        
               | grahamj wrote:
               | Because they don't make much on the device payments, as
               | opposed to the bloated plan fees.
        
         | kylehotchkiss wrote:
         | I think the manufacturers should do the payment plans. Then
         | carriers can be selected on basis of quality for customer over
         | lock in effect
        
         | MR4D wrote:
         | There is a reason US cell rates are so high. That reason is
         | because of lock-in.
         | 
         | If they did what you want, rates would fall, as would their
         | profitability.
         | 
         | I expect them to fight this tooth and nail.
        
           | lotsofpulp wrote:
           | People have been able to buy unlocked phones and use them
           | without a service contract for over a decade in the US. In
           | recent years, you can even change mobile networks from your
           | couch with a few taps via eSIM.
           | 
           | The US has 3 mobile networks, and it's a massive country with
           | massive infrastructure needs. I imagine costs must be at
           | least a little bit higher to offset the need for more
           | infrastructure per customer.
        
       | Kiboneu wrote:
       | My friend bought an android phone from AT&T. Recently she
       | unlocked it, and she was able to use other sim cards, but the
       | phone was still branded with the AT&T logo and loaded with its
       | software. The phone can't make any over the air updates because
       | it relies in AT&T to fetch carrier specific updates... which
       | fails when she switches providers.
       | 
       | I'm torn because it's either flash unofficial firmware from the
       | internet or live without security updates until she buys a new
       | phone, both of these undesirable from a security perspective. The
       | phone was just released 4 years ago and it is in good shape; but
       | all that flies out the window because of this and related stupid
       | practices.
       | 
       | I'm not sure if that is also addressed.
        
         | NewJazz wrote:
         | IMO allowing OTA updates to go through through the mobile
         | provider was Android's biggest mistake. Their reputation and
         | platform integrity has been irreparably damaged because of it.
        
           | wh0knows wrote:
           | This is pure speculation, but is it possible that Android
           | never would have been successful (or as successful) if they
           | did not bow to the carriers? By taking carrier-friendly
           | positions they built a symbiotic relationship that resulted
           | in the carriers being happy to promote their phones.
        
       | cogman10 wrote:
       | I support this move as hopefully it will kill off the practice of
       | carrier specific OSes.
       | 
       | The last carrier phone I bought was a Samsung Galaxy 4 from
       | T-Mobile. I got a total of 0 os updates out of it because
       | T-Mobile never released a new version of the OS (even though
       | Samsung did). They just abandoned the phone.
       | 
       | At this point the most important quality of a phone to me is
       | active security updates, so I'll never buy one where a carrier
       | can get in the way of protecting myself from zero day exploits.
        
         | mrpippy wrote:
         | I don't think this will make any difference--SIM unlocking is
         | totally separate from phone firmware
        
         | jfdjkfdhjds wrote:
         | OS and the bundled sleazy apps and injected ad networks are a
         | big positive cost center for american telcos.
         | 
         | >At this point the most important quality of a phone to me is
         | active security updates, so I'll never buy one where a carrier
         | 
         | you have no ideia how little of minority this type of thinking
         | is! :(
        
         | miki123211 wrote:
         | No it won't, not unless it's specifically addressed in the law.
         | 
         | The EU (or at least most of it) has banned SIM locks a long
         | time ago, but carrier-branded Android phones are still a thing.
         | 
         | In fact, the situation here is even more pernicious, there have
         | been news reports[1] of carriers being able to remotely lock
         | your phone down if you stop paying the bill, or if you buy it
         | used and the first owner stops paying the bill.
         | 
         | [1] Polish https://niebezpiecznik.pl/post/plus-instaluje-cos-
         | na-ksztalt...
        
       | shevis wrote:
       | In what world does disallowing blatantly anticompetitive behavior
       | constitute a significant economic change?
        
         | jjk166 wrote:
         | Ours
        
       | op7 wrote:
       | I worked in the prepaid phone industry for 4 years so I have some
       | insight on this. This is bad. The whole purpose of phones being
       | locked for 6(now 12 at Mpcs) mo. is so that we are able to offer
       | very decent phones to poor people who would otherwise not be able
       | to afford the up front cost. Were talking about $200-500 phones
       | being given away for completely FREE to new customers sold at a
       | LOSS and we only HOPE to recover that money if they keep their
       | service more than 6 months, for the $500 off iphones closer to
       | 12. Every new prepaid customer who takes advantage of this-we are
       | taking a massive gamble on wether or not this person will
       | legitimately intend to pay their monthly bill, or if theyre just
       | taking advantage of the initial subsidy and then cancelling
       | service and selling the phones overseas or for parts. The
       | industry consides this fraud. Frontline prepaid retailers already
       | have to do some basic KYC on customers like checking IDs(which
       | isnt a hard requirement) to make sure customers arent abusing the
       | promos, because all it takes is a handful of abusers to cause
       | serious economic harm to a particular stores which aleady operate
       | on thin profit margins. If this change goes through expect
       | prepaid/anonymous phones to go away(KYC and ID checking will kick
       | into overdrive), people in poverty wont be able to get iPhones
       | for $100 upfront anymore, expect hundreds more prepaid phone
       | franchise stores to go out of business and thousands of people to
       | lose their jobs, and for what? What is the benfit of this? So
       | retail arbitragers can buy phones to export overseas at the
       | expense of the American lower class even faster in 2 months
       | rather than 6-12?
        
         | sp527 wrote:
         | This argument has so many holes you could drive a Cybertruck
         | through it.
         | 
         | There are ample used phone markets selling iPhones and top-of-
         | the-line Android devices (e.g. Back Market). No one needs to be
         | on the latest and greatest. I still use an iPhone 13 and I have
         | friends on phones as old as iPhone 11. None of us are part of
         | the "American lower class". Smartphones are a highly mature
         | technology and the improvements being made year on year are now
         | vanishingly incremental, at best.
         | 
         | Further, there is no shortage of financing models available to
         | American consumers. If anything, Buy Now Pay Later might be
         | *too* available as an option.
        
         | thisislife2 wrote:
         | > _people in poverty wont be able to get iPhones for $100
         | upfront anymore_
         | 
         | And that's good - those who are financially constrained
         | shouldn't be getting (enticed) into debt-traps by buying a
         | brand-new high-priced device when really cheaper alternatives
         | are available. Note that the article points out that Verizon
         | already unlocks all their phones after 60 days due to a
         | previous agreement with the FCC. So this has already been
         | "tested" in the marketplace and Verizon hasn't wound up this
         | business model of payment plans. The article also points out
         | the consumer benefit of this FCC policy - once Verizon unlocks
         | its phone, their customers have more freedom to try other
         | services through trial eSims, while customers of AT&T and
         | T-Mobile can't because of their (longer duration) locked
         | phones.
        
           | FireBeyond wrote:
           | Not for nothing, but those devices are generally sold
           | interest free.
           | 
           | There's no functional difference between "If you're poor, you
           | should save $50/month for the next 2 years, and when you do
           | that, maybe then you can get that $1200 phone", versus "You
           | can pay $50/month for the next 2 years and get that $1200
           | phone now", other than bias against the "financially
           | constrained".
        
             | BenjiWiebe wrote:
             | What happens when the $1200 phone breaks before it's paid
             | off? Does the carrier replace it?
             | 
             | I prefer buying used phones so I don't have any experience
             | with that... _except_ the first phone I bought... I
             | understood from Verizon that the phone was included in the
             | plan. Turns out I owed $300 for a dumbphone at a time in my
             | life where $300 was a lot more than I wanted to pay for a
             | phone.
             | 
             | I replaced it with a used smartphone for $20 a year later.
        
             | thisislife2 wrote:
             | It's not "bias", but being financially prudent - when you
             | are financially constrained, you don't _need_ a $1200 phone
             | nor do you need to subscribe to a $50 /month plan when
             | cheaper options are available. Depending on your budget,
             | you can get a feature phone for around $50 or a smart phone
             | for around $100, and opt for a prepaid plan (the cheapest
             | of which starts from $15/month with limited data).
        
         | mystified5016 wrote:
         | So your argument is that a cell carrier can't be profitable
         | without entrapping poor people into long contracts with debt.
         | 
         | Therefore we must legally protect the rights of businesses to
         | exploit people.
        
           | op7 wrote:
           | They arent locked into any contract whatsoever at prepaid
           | companies like MetroPCS, Cricket, Tracfone, Boost etc. These
           | companies provide the phones as interest free loans and the
           | businesses incur all the risk.
        
         | cherryteastain wrote:
         | UK banned carrier locked phones outright [1] and poor people
         | can afford phones just fine.
         | 
         | [1] https://www.bbc.co.uk/news/technology-54692179
        
         | ukoki wrote:
         | You know people can finance just about any purchase right?
         | 
         | People buy cars on finance all the time without needing to buy
         | their cars through BP and signing an exlusive gas purchasing
         | agreement with them. There's no reason for the phone to be tied
         | to the carrier.
        
           | Ekaros wrote:
           | Finland the operators sell phones, either fully up front or
           | with even 0% financing. Then contract is entirely separate
           | deal, it might have or not have commitment.
           | 
           | Might miss some "discounts", but it really is entirely
           | workable and reasonable model.
        
         | GrantMoyer wrote:
         | So the industry sells the phones "at a loss", but it doesn't
         | lose money on that, because it eventaully makes back the full
         | cost and more, and if it _doesn 't_ make back the full cost it
         | considers that "fraud". I don't understand how that's supposed
         | to be doing poor people a favor if they still ultimately pay
         | the full cost of the phone and the service.
        
       | seba_dos1 wrote:
       | Wow, I forgot SIM locks were still a thing. Here in the EU this
       | has been dealt with like a decade ago or so.
        
         | jfdjkfdhjds wrote:
         | most places in the world theres little sim lock, there's
         | mandated number portability, and there are regulations from
         | marking up the price of the phone to artificially make people
         | breaking contract early to pay a lot. ...and there's the usa.
        
           | dannyobrien wrote:
           | doesn't the US have number portability too?
           | 
           | https://www.fcc.gov/general/wireless-local-number-
           | portabilit...
        
         | grahamj wrote:
         | Same in Canada, we got a rare regulator win some time ago, much
         | to the chagrin of our draconian carriers. Number portability
         | too.
        
       | AzzyHN wrote:
       | It's not just carriers that enjoy locked phones. Currently,
       | BestBuy (the 2nd largest electronics retailer in America, after
       | Amazon) can only sell unlocked iPhones that are at least a year
       | old. If you want a shiny new iPhone 16 Pro that's unlocked, you
       | have to purchase it from Apple directly.
        
         | kylehotchkiss wrote:
         | I don't see this as Best Buy's preferred situation, rather they
         | really need to bring people into stores and this is an
         | agreement with carriers to give them preferential treatment
         | regarding access to their registration systems
        
       | which wrote:
       | This might be well intentioned but it's a bad idea. See
       | https://www.justice.gov/usao-edtx/pr/101-indicted-transnatio...
       | for why but the gist of it is that people use fake IDs to
       | impersonate someone, get phones on credit, and make only the
       | first payment. Then they sell it to a wholesaler who uses a
       | sketchy connection to get the phone unlocked, Fedexes the phone
       | to Hong Kong, and never pays again. Having to bribe rogue carrier
       | employees for unlocks is a big cost center for these thugs.
       | 
       | By automatically unlocking by default you're doing their job for
       | them and making this crime more profitable. And the victims in
       | many cases don't spot the fraud until months later because not
       | everyone is constantly checking their credit report. And it's not
       | some isolated thing either. Literally ONE phone store /
       | wholesaler in Texas bought and exported 100 million dollars worth
       | of stolen phones in a couple of years.
       | 
       | The locking is also part of why new iPhones are even affordable
       | to middle class people in the first place.
        
         | ewoodrich wrote:
         | > The locking is also part of why new iPhones are even
         | affordable to middle class people in the first place.
         | 
         | Verizon has been forced to unlock after 60 days by an agreement
         | with the FCC for years now and they still offer similar
         | subsidies as the other carriers.
        
       | siskiyou wrote:
       | Just adding a little bit of context about AT&T: I collect used
       | cell phones, erase them, unlock when possible, and distribute
       | them to unhoused people through several local food shelves, which
       | allows those people to access benefits, housing, health care,
       | jobs, etc which would otherwise be out of reach. With AT&T I can
       | go to their website and unlock an old phone in minutes, allowing
       | them to use a no-cost carrier like QLink Wireless. With T-Mobile
       | or Consumer Cellular (or many others) they just give you the
       | finger. The phone could be e-waste for all they care.
        
       | indigodaddy wrote:
       | I think there is an argument for this simply based on the fact
       | that Verizon is currently disadvantaged competitively since they
       | already abide per a previous FCC agreement.
        
         | HeatrayEnjoyer wrote:
         | They're not subject to that agreement by accident.
        
           | indigodaddy wrote:
           | Sure but they are still competitively disadvantaged in the
           | landscape as a result.
        
       | neilv wrote:
       | Separate from phone hardware not being locked to a particular
       | carrier, I'm especially interested in phone hardware not being
       | locked to a bootloader.
       | 
       | Currently, Google Pixel hardware units bought through some
       | carriers can't have GrapheneOS installed on them, because that
       | carrier chose to disable "OEM Unlocking" of the bootloader.
        
         | commodoreboxer wrote:
         | Verizon in particular. My Pixel 3 is still more than capable
         | hardware-wise, but it's years out of software support. I could
         | get much more use out of it, but the bootloader is locked and
         | Verizon will not unlock it, so it's e-waste.
        
       ___________________________________________________________________
       (page generated 2024-09-21 23:01 UTC)