THE NATIONAL ASSOCIATION OF STATE UTILITY CONSUMER ADVOCATES

RESOLUTION 2013-03

SUPPORTING THE RIGHT OF CUSTOMERS TO UNLOCK CELL PHONES, TABLETS AND OTHER MOBILE DEVICES

WHEREAS, in Resolution 2004-07 NASUCA recognized that telecommunications consumers increasingly rely on wireless service to meet their basic communications needs; and

WHEREAS, in Resolution 2008-02 NASUCA recognized that the wireless telecommunications industry has grown from a fledgling industry, providing a “luxury” service to a few million users in 1993, to a multibillion dollar industry with over 250 million users; and

WHEREAS, recent survey data released by the Center for Disease Control indicates that approximately 88 percent of American households (adults and children) have wireless telephones

[1]; and

WHEREAS, as of May 2012 an estimated 50 percent of mobile telephone service customers in the United States owned smart phones;[2] and

WHEREAS, recent data suggests that 39 percent of households own a wireless tablet;[3] and

WHEREAS, the high cost of smart phones and tablets may pose a barrier to customers wishing to change wireless providers when contracts have expired; and

WHEREAS, “unlocking” refers to the ability of customers owning equipment such as smart phones and tablets to use these devices on other wireless networks once a service contract with a cellular carrier has expired; and

WHEREAS, unlocking is inextricably related to issues pertaining to copyright of the software used to operate mobile devices such as smart phones and tablets;

WHEREAS, a recent change in copyright regulations made it illegal for customers to unlock their cell phones and tablets; and

WHEREAS, customers should be able to unlock a cell phone, tablet or other customer-owned mobile device without risking criminal penalties once a service contract has expired; and

WHEREAS, the White House has stated that the ability of customers to engage in cell phone and tablet unlocking is “common sense, crucial for protecting consumer choice and important for ensuring we continue to have the vibrant, competitive wireless market that delivers innovative products and solid service to meet consumers’ needs[4]; and

WHEREAS, at least four federal bills have been introduced to address the issue of unlocking mobile wireless devices; now therefore be it

RESOLVED, That NASUCA supports the concept of unlocking mobile wireless devices; and be it further

RESOLVED, That copyright of software should not be used to prevent customers from utilizing a wireless device that they own on their network of choice; and be it further

RESOLVED, That the NASUCA Telecommunications Committee, with the approval of the Executive Committee of NASUCA, is authorized to submit comments or testimony or otherwise participate in all Federal or State efforts related to unlocking mobile wireless devices such as cell phones and tablets; and be it further

RESOLVED, That the NASUCA Telecommunications Committee, with the approval of the Executive Committee of NASUCA, is authorized to take any and all other actions consistent with this Resolution in order to secure its implementation.

 

 

[1] Center For Disease Control, Wireless Substitution: Early Release Estimates from the National Health Interview Survey, January-June 2012, Table 1.