Unlocking The Debate: Who Really Controls Your Phone?

For over 20 years, Americans have enjoyed the liberty to keep their phone number when they switch wireless providers. But there’s still a catch: consumers can port their number, but not the phone itself. 

This is due to “mobile locking,” a software restriction carriers place on devices purchased through an equipment installment plan. The phone works perfectly fine, but it can’t be taken to another provider unless under certain stipulations that vary from provider to provider. In theory, the consumer owns the device. In practice, the carrier still sits in the driver’s seat. 

Consumers can buy unlocked phones today, typically directly from manufacturers or retailers. But those devices often come with a hefty upfront price tag, with many costing $1,000 or more. For families who rely on installment plans to spread out the cost, carrier-locked devices are often the only realistic option. 

Thankfully, the push to free consumers from mobile locking is gaining momentum. SpaceX recently joined rural providers to urge the FCC to act, backing a simple, consumer-first proposal: after 180 days, phones should unlock automatically. No hoops. No hidden traps. Just the freedom to take the device you paid for to the provider that offers the best deal.

Mobile locking is a classic example of a corporate anti-competitive practice that burdens hard-working Americans. It weakens consumers’ purchasing power by making it more difficult to switch providers and functions as a junk contract, keeping families paying more than they should. 

Consumers may find a better deal from a competitor and still be unable to take it because their device is locked. That is not a free market. It’s a barrier that makes it harder to shop around and switch to a more affordable option. With inflation still straining household budgets, the last thing Americans deserve is to be trapped in an overpriced plan. 

When carriers lock devices, they can continue to raise costs and insulate themselves from market pressure. That means less incentive to offer better service, better pricing, or promotions. 

If policymakers want to deliver lower prices for their constituents, the formula is straightforward. The playing field must be leveled, and healthy competition must be encouraged. The FCC must continue working to make wireless services more affordable and to establish more uniform unlocking periods for all mobile devices. 

Public opinion is reflecting this common-sense approach. A national poll conducted by Fabrizio Ward found that 93% of voters believe switching providers should be as simple as switching phone numbers. 71% of those voters strongly support giving consumers the right to switch carriers. This signals that voters view unlocking as basic fairness; if you’re paying for the phone, you should be able to decide where it works.

Lower wireless bills and the freedom to switch carriers won’t just help families month to month; it will help the broader economy by leaving more discretionary income in consumers’ pockets. 

Unlocking also improves the secondary market for devices, trade-ins, resale, refurbishing, and repair. When phones remain locked, their resale value drops and their usefulness decreases. A healthier secondary market can help reduce e-waste and provide more Americans with access to affordable devices.

Carriers often argue that longer locking periods are needed to combat theft and fraud. While these are real concerns – and policymakers should take them seriously – locking is a blunt instrument that punishes law-abiding consumers while criminals continue to find workarounds.

More uniform unlocking requirements strike a practical balance. They would provide a set window to address fraud risks tied to early-stage device trafficking, while at the same time ensuring consumers aren’t indefinitely trapped by restrictions that outlast the legitimate purpose of preventing abuse. It also provides a simple, consistent national standard that consumers can understand and carriers can follow.

The FCC doesn’t need to reinvent the wheel. It should adopt a uniform mandatory unlocking rule for all mobile devices. Doing so would empower consumers, boost competition, reduce junk contracts, save families $1,000 each year, and strengthen the wireless marketplace that Americans depend on every day. If we can take our number when we switch, we should be able to take our phone too.

Gerard Scimeca is an attorney and co-founder, chairman, and general counsel of CASE, Consumer Action for a Strong Economy, a free-market-oriented consumer non-profit organization he co-founded.

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