NTIA to FCC: Tighten 60-Day Mobile Phone Unlocking Plan

WASHINGTON, Nov. 5, 2024 – Consumers should not have to wait 60 days or more to gain full control over their iPhone or Android-powered handset, according to the National Telecommunications and Information Administration, a key communications policy advisor to the White House.

In its latest filing to the Federal Communications Commission, signed by attorney Diana Heyd, NTIA urged the FCC to implement stricter handset unlocking policies than the proposed 60-day timeframe, advocating for making the waiting period as brief as possible.

“We urge the FCC to explore ways to further reduce the wait wherever possible, such as when the fraud risk is low, or when a customer in good standing makes an unlocking request,” NTIA’s filing said, though it did not propose a specific timeframe. 

NTIA, a division in the Commerce Department, urged the FCC to expand the unlocking requirement beyond just mobile phones to include all wireless devices, including tablets, which have frequently been subject to carrier locks. 

Advocating for greater consumer freedom, NTIA stated: “[We] support reducing the burden on consumers by requiring automatic unlocking of devices whenever feasible… Carriers should be required to transition to offering devices with automatic unlocking capability.”

NTIA also suggested that carriers notify consumers about the unlocking process and provide reminders when unlocking becomes available, ensuring consumers are fully aware of their options

By reducing the waiting period, the NTIA hopes to make it easier and more affordable for consumers to select the wireless service that suits them best, without the need for a new device.

NTIA argued that a broad unlocking rule would be an essential step toward achieving digital equity. “All users, regardless of their financial resources, should be able to take full advantage of an open marketplace for wireless service,” the filing said.

In contrast, major industry players like AT&T and T-Mobile have said the FCC lacks legal authority to impose an unlocking mandate. The National Cable & Telecommunications Association – which represents wireless resellers Comcast and Charter Communications – has pushed for a 180-day unlocking rule, arguing that a shorter timeframe could disrupt current financing models or increase fraud risks.

Still, NTIA urged the FCC to disregard arguments that the unlocking policy would somehow hurt consumers by increasing costs.

“We urge the FCC to reject any suggestion that increasing switching costs somehow results in better outcomes for low-income consumers,” NTIA said.