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Hold The Phone: Assessing The Rights Of Wireless Handset Owners And Carriers, Rob M. Frieden
Hold The Phone: Assessing The Rights Of Wireless Handset Owners And Carriers, Rob M. Frieden
Rob Frieden
Most subscribers in the United States acquire a subsidized handset when they activate or renew wireless telephone service. In exchange for purchasing a handset below cost, these customers must commit to a two year service term, with substantial financial penalties for early termination, and they must accept carrier-imposed limitations on the use of their handsets. Wireless carriers typically lock subscriber access to one carrier and lock out or thwart unaffiliated providers from providing content, software and applications to wireless handsets. Limitations on the use of wireless handsets juxtaposes with the Carterfone policy established by the Federal Communications Commission (“FCC”) forty …
Hold The Phone: Assessing The Rights Of Wireless Handset Owners And Carriers, Rob M. Frieden
Hold The Phone: Assessing The Rights Of Wireless Handset Owners And Carriers, Rob M. Frieden
Rob Frieden
Wireless operators in most nations qualify for streamlined regulation when providing telecommunications services and even less government oversight when providing information services, entertainment and electronic publishing. In the United States, Congressional legislation, real or perceived competition and regulator discomfort with ventures that provide both regulated and largely unregulated services contribute to the view that the Federal Communications Commission (“FCC”) has no significant regulatory mandate to safeguard the public interest. Such a hands off approach made sense when cellular telephone carriers primarily offered voice and text messaging services in a marketplace with six or more facilities-based competitors in most metropolitan areas. …