FCC Willing To Investigate Ban On Unlocking Smartphones As Chairman Expresses Concern

The Federal Communications Commission (FCC) has announced that they are looking into the ban on unlocking cell phones, citing the potential harm to economic competitiveness as the reason for investigation.

Under the Digital Millennium Copyright Act, cell phones were exempt from the clause that bans "circumvention" of copyright protection schemes, that is until a recent reversal of the decision during triennial review of the bill. Now violators of the law face fines of up to half-a-million dollars and up to five years in jail.

Currently, unlocking a smartphone to switch carriers is illegal, something FCC chairman Julius Genachowski finds objectionable.

"(The) ban raises competition concerns; it raises innovation concerns," he stated, further elaborating "It's something that we will look at at the FCC to see if we can and should enable consumers to use unlocked phones."

While the FCC may not have the power to turn over a ruling by a federal court, the executive branch of the government may be able to do something that would lift this recent ban.

When the ban was enacted, Internet activists quickly sprung into action, flooding the Obama administration's We The People with the necessary 100,000 signatures needed to demand an answer as to why the government feels the need to penalize users who modify their phone's software.

While the telecommunications industry has some very powerful lobbyists in Washington, those against the bill have at least one powerful ally in the FCC Chairman, so it remains to be seen if the recent ruling is overturned. There is no timetable for the Obama administration to address petitioners or for the FCC investigation. We will continue to follow this story as it develops.

Thanks to: TechCrunch