Carrier Isn't this illegal?

[HarrisonTaylor]

I've noticed that the Straight Talk iPhone 5s/6 that use the Verizon network are locked to Straight Talk and you can't even use a postpaid Verizon SIM.

Because Straight Talk is selling phones that are activated on Verizon's LTE network which uses the lower 700 MHz band(band 13), it's technically illegal for them to sell phones locked to their network.

Same goes with Xfinity Mobile which is a Verizon MVNO, they lock phones to their network even though it's prohibited for devices in use on a band 13 network to be locked.

According to FCC regulations devices that are on a band 13 network cannot be SIM locked, this doesn't apply to devices that just have band 13 capability, only devices sold for use on a band 13 network and Straight Talk and Xfinity are both band 13 networks.

Then again Tracfone and Comcast are known for being incredibly shady so I don't put it past them to do stuff like this, but still, somebody should sue them.

 

[brojan]

I doubt what they are doing is illegal. Where is the language about locking phones with band 13, just to be clear?

Are they GSM unlocked?

 

[cmaier]

i’m not finding any such rule in CFR Title 47?

 

[HarrisonTaylor]

https://www.extremetech.com/electro...-of-regulatory-and-interoperability-failure/2

"Google placed a “stalking bid” of a monumental $4.6 billion to ensure that the Upper 700MHz C block spectrum has the open-access requirements that ensure that any compatible device can be used on the network built on that spectrum, as well as ensuring that devices built for that spectrum were unlocked for use with any compatible network. Verizon Wireless later outbid Google and became required to honor those rules."
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I doubt what they are doing is illegal. Where is the language about locking phones with band 13, just to be clear?

Are they GSM unlocked?

Basically any device that is sold by a network that uses band 13 is required to be unlocked.

All of Verizon phones thus are sold unlocked, but Straight Talk and Xfinity phones are sold locked, even though they use Verizon's network which by extension means that they are using band 13.

However Sprint, AT&T, and T-Mobile iPhones use band 13 and are locked, but this is perfectly legal because their networks don't use band 13.

 

[mikegoldnj]

https://www.extremetech.com/electro...-of-regulatory-and-interoperability-failure/2

"Google placed a “stalking bid” of a monumental $4.6 billion to ensure that the Upper 700MHz C block spectrum has the open-access requirements that ensure that any compatible device can be used on the network built on that spectrum, as well as ensuring that devices built for that spectrum were unlocked for use with any compatible network. Verizon Wireless later outbid Google and became required to honor those rules."
[doublepost=1511727620][/doublepost]


All of Verizon phones thus are sold unlocked, but Straight Talk and Xfinity phones are sold locked, even though they use Verizon's network which by extension means that they are using band 13.

This article doesn’t appear to say what you think it does. It indicates that, VERIZON, is required to sell unlocked phones. Doesn’t seem that other providers that are just using Verizon’s network are held to the same conditions.

 

[Applejuiced]

I hope that you are correct and those companies do get sued.
But I think it was tied up to Verizon. So not sure if other individual mvno carriers have to follow that agreement signed by Verizon to purchase those LTE bands by the government.

 

[Abs_p]

That applies to postpaid.

Prepaid phones are still locked.

 

[cmaier]

I guess this is the rule: https://www.law.cornell.edu/cfr/text/47/27.16

It seems to apply to the licensee and not to parties that ride on the licensee’s network, though I’m no expert.

 

[fred98tj]

This article doesn’t appear to say what you think it does. It indicates that, VERIZON, is required to sell unlocked phones. Doesn’t seem that other providers that are just using Verizon’s network are held to the same conditions.

That is correct.

 

[Menel]

Xfinity readily and quickly unlocks devices bought from them. Sure they arrive locked, but thats due to the mass number of people who take payment plan loans to pay off their tools.

I called in when I opened the box, CS fixed ot right away and I continued to run on Cricket for a week for my prepaid month to run out before switching. No problemo.

 

[HarrisonTaylor]

This article doesn’t appear to say what you think it does. It indicates that, VERIZON, is required to sell unlocked phones. Doesn’t seem that other providers that are just using Verizon’s network are held to the same conditions.

Well Straight Talk and xfinity piggy back on Verizon, so in a way the phones are technically locked to Verizon, even though they can't be used with a postpaid SIM.
[doublepost=1511828081][/doublepost]

That applies to postpaid.

Prepaid phones are still locked.

It doesn't matter, any network using band 13 is required to sell their devices unlocked.

Straight Talk and xfinity use Verizon's network for service, thus they are subject to the same regulations that Verizon is.

 

[D1G1T4L]

It doesn't matter, any network using band 13 is required to sell their devices unlocked.

Straight Talk and xfinity use Verizon's network for service, thus they are subject to the same regulations that Verizon is.

Where are you finding that any phone that uses band 13 is required to be unlocked?

 

[cmaier]

Well Straight Talk and xfinity piggy back on Verizon, so in a way the phones are technically locked to Verizon, even though they can't be used with a postpaid SIM.
[doublepost=1511828081][/doublepost]

It doesn't matter, any network using band 13 is required to sell their devices unlocked.

Straight Talk and xfinity use Verizon's network for service, thus they are subject to the same regulations that Verizon is.

That doesn’t appear to be what the rule actually says. The rule applies on its face to the licensee, not to the network.

 

[Reno Raines]

I use straight talk and they did not live up to their own requirements as it applies to unlocking. I bought a new iPhone 5s from them. I put the SIM card from the other straightvtalk phone I was using in it. I used it on their network for over a year. I called them to unlock it and they refused to do it. I filed a BBB complaint and got a call. I was told I had to use the SIM card that came with their phone. This was not in their TOS. They would not budge at all. As far as them not unlocking phones right away if it is a Verizon type phone I do not believe it applies to pre paid phones or MNVO’s either.

 

[HarrisonTaylor]

Where are you finding that any phone that uses band 13 is required to be unlocked?

Not every phone that uses band 13 is required to be left unlocked, any network that uses band 13 is required to keep their devices unlocked. So it's perfectly legal for Sprint to lock their band 13 capable devices because they don't use band 13 but illegal for Straight Talk to lock their band 13 devices because they use band 13.
[doublepost=1511998689][/doublepost]

I use straight talk and they did not live up to their own requirements as it applies to unlocking. I bought a new iPhone 5s from them. I put the SIM card from the other straightvtalk phone I was using in it. I used it on their network for over a year. I called them to unlock it and they refused to do it. I filed a BBB complaint and got a call. I was told I had to use the SIM card that came with their phone. This was not in their TOS. They would not budge at all. As far as them not unlocking phones right away if it is a Verizon type phone I do not believe it applies to pre paid phones or MNVO’s either.

Sue them in small claims court using the band 13 excuse.