August 13, 2015. In addition, the Commission specifically directed TracFone to comply with short-term reporting requirements relative to a Federal Communications Commission Consent Decree and to issue only unlocked handset devices to qualified Lifeline customers in California until such time that TracFone could demonstrate compliance with federal handset unlocking policies. The Commission directed TracFone to file a Tier 2 advice letter when it could demonstrate that it had unlocked phones ready to issue to new customers. TracFone filed AL 6 on October 8, 2015, to demonstrate it had unlocked phones available to issue. Commission staff approved the advice letter on December 17, 2015, which allowed TracFone to begin offering both federal and state wireless service to customers in California using the unlocked devices. Subject of Advice Letter On January 23, 2017, TracFone submitted AL 14 requesting that the Commission correct terminology in Resolution T-17467 that TracFone alleges creates ambiguity with the use of the term “unlockable” phones. In addition, having demonstrated its established unlocking methods for new models of locked handsets to Commission staff, TracFone requested Commission approval to begin issuing the new handsets which are capable of being unlocked without a hardware swap. At Communications Division (CD) staff’s request, TracFone submitted AL Supplement 14A on April 10, 2017, which detailed the public interest benefits of issuing the new locked handset models capable of being unlocked without a hardware swap. Notice/Protests TracFone served AL 14 via email on all parties on the ETC service list and the advice letter appeared in the Commission’s Daily Calendar on January 26, 2017. No protests were received. Discussion FCC Compliance with Unlockable Devices On June 30, 2015, the Federal Communications Commission (FCC) issued an Order and Consent Decree having found TracFone in violation of handset unlocking provisions for wireless carriers. Consistent with industry practice, the FCC referred directly to the CTIA – The Wireless Association® Consumer Code for Wireless Service (Consumer Code) as “a safe harbor for eligible telecommunications carriers (ETCs) to demonstrate that they have met the standards required to serve as an ETC.” In the TracFone settlement agreement, the FCC resolved the matter of TracFone’s use of locked handsets and established a compliance plan requirement for TracFone with specific reporting obligations scheduled upon the expiration of the Consent Decree.
August 13, 2015. In addition, the Commission specifically directed TracFone to comply with short-term reporting requirements relative to a Federal Communications Commission Consent Decree and to issue only unlocked handset devices to qualified Lifeline customers in California until such time that TracFone could demonstrate compliance with federal handset unlocking policies. The Commission directed TracFone to file a Tier 2 advice letter when it could demonstrate that it had unlocked phones ready to issue to new customers. TracFone filed AL 6 on October 8, 2015, to demonstrate it had unlocked phones available to issue. Commission staff approved the advice letter on December 17, 2015, which allowed TracFone to begin offering both federal and state wireless service to customers in California using the unlocked devices. Subject of Advice Letter On January 23, 2017, TracFone submitted AL 14 requesting that the Commission correct terminology in Resolution T-17467 that TracFone alleges creates ambiguity with the use of the term “unlockable” phones. In addition, having demonstrated its established unlocking methods for new models of locked handsets to Commission staff, TracFone requested Commission approval to begin issuing the new handsets which are capable of being unlocked without a hardware swap. At Communications Division (CD) staff’s request, TracFone submitted AL Supplement 14A on April 10, 2017, which detailed the public interest benefits of issuing the new locked handset models capable of being unlocked without a hardware swap. Notice/Protests TracFone served AL 14 via email on all parties on the ETC service list and the advice letter appeared in the Commission’s Daily Calendar on January 26, 2017. No protests were received. Discussion FCC Compliance with Unlockable Devices On June 30, 2015, the Federal Communications Commission (FCC) issued an Order and Consent Decree having found TracFone in violation of handset unlocking provisions for wireless carriers. Consistent with industry practice, the FCC referred directly to the CTIA – The Wireless Association® Consumer Code for Wireless Service (Consumer Code) as “a safe harbor for eligible telecommunications carriers (ETCs) to demonstrate that they have met the standards required to serve as an ETC.” In the TracFone settlement agreement, the FCC resolved the matter of TracFone’s use of locked handsets and established a compliance plan requirement for TracFone with specific reporting obligations scheduled upon the expiration of the Consent Decree.
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