FCC, cellphone carriers agree to 'unlocking' policy

Under pressure from the Federal Communications Commission, major cellphone carriers agreed to a new policy to allow customers to "unlock" their phones and switch providers. The companies agreed to the voluntary policy after FCC Chairman Tom Wheeler warned them they could face mandatory regulations if they failed to act. CTIA, the lobbying organization for the cellphone industry, said it plans to include the policy in its bylaws.

Here are the half-dozen steps to assist with consumer unlocking per CTIA’s letter to the FCC:
1. Disclosure. Each carrier will post on its website its clear, concise, and readily accessible policy on postpaid and prepaid mobile wireless device unlocking.
2. Postpaid Unlocking Policy. Carriers, upon request, will unlock mobile wireless devices or provide the necessary information to unlock their devices for their customers and former customers in good standing and individual owners of eligible devices after the fulfillment of the applicable postpaid service contract, device financing plan or payment of an applicable early termination fee.
3. Prepaid Unlocking Policy. Carriers, upon request, will unlock prepaid mobile wireless devices no later than one year after initial activation, consistent with reasonable time, payment or usage requirements.
4. Notice. Carriers that lock devices will clearly notify customers that their devices are eligible for unlocking at the time when their devices are eligible for unlocking or automatically unlock devices remotely when devices are eligible for unlocking, without additional fee. Carriers reserve the right to charge non-customers/non-former-customers a reasonable fee for unlocking requests. Notice to prepaid customers may occur at point of sale, at the time of eligibility, or through a clear and concise statement of the policy on the carrier’s website
5. Response Time. Within two business days after receiving a request, carriers will unlock eligible mobile wireless devices or initiate a request to the OEM to unlock the eligible device, or provide an explanation of why the device does not qualify for unlocking, or why the carrier reasonably needs additional time to process the request.
6. Deployed Personnel Unlocking Policy. Carriers will unlock mobile wireless devices for deployed military personnel who are customers in good standing upon provision of deployment papers.

Brian Fung at the Washington Post writes, “Everyone leaves happy, right? Not exactly.” Fung points out that the agreement leaves your carrier the sole gatekeeper for all unlocking requests. So if you're preparing to travel abroad and want to use your device on European networks, chances are your unlocking request will be turned down if you aren't already at the end of your contract.