Comments on: Unlock Your iPhone in the UK for Free

By: Gavin Miller

Gavin Miller — Wed, 11 Nov 2009 18:56:55 +0000

Note though he is incorrect by saying there is no option for a carrier to refuse, there is! However, if it ever went to court they would have to justify why they wouldn’t do it.

By: Gavin Miller

Gavin Miller — Wed, 11 Nov 2009 18:55:07 +0000

Oops, yes, I meant Oftel and forgot the link:

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/mobfaq3.htm

The point is though, there is no UK LEGAL requirement and there are no court cases setting any precedent yet. They are only guidelines.

By: Ray

Ray — Wed, 11 Nov 2009 18:07:27 +0000

@BBusyB

Thanks for clarifying this for me.

By: BBusyB

BBusyB — Wed, 11 Nov 2009 16:44:30 +0000

@Gavin Miller

Perhaps mu language was correct. What I meant was that once the Contract period is over, the Customer can Request an Unlock and expect to get it, though they may be charged a reasonable fee.

Looking at OFTEL (The Telecoms Regulator.OFGEM is for Gas) and more specifically their policy on SIM Locking

“Key points

* SIM locking is permitted under current EU and Oftel guidelines as mobiles sold are subsidised – therefore it is allowable for the mobile companies to recover the associated cost of subsidising the mobile phones sold.

* However, mobiles should be able to be unlocked once the subsidy has been recovered. This should generally be within a year if not before.

* · Charging for the associated admin costs of unlocking a mobile is acceptable, but customers should not expect to pay more than £30 + VAT”

From My reading of this, the carrier does not have to option to refuse once the period is over, as such giving Defacto right.

By: Phil Lee

Phil Lee — Wed, 11 Nov 2009 13:46:38 +0000

I completed the form yesterday. I have a 3GS under an 18 month contract that expires in December 2010 so obviously I have to honour that. I do want the flexibility to be able to use a different sim in the phone if I need to.

By: Phil Lee

Phil Lee — Wed, 11 Nov 2009 13:45:23 +0000

I think you are wrong. There is no legal requirement for a UK mobile phone company to unlock a phone they provide.

By: Troy

Troy — Wed, 11 Nov 2009 13:18:07 +0000

I’m moving from the UK to Canada in Jan and I was thinking I was going to have to have jailbreak/unlock my iPhone 3GS to get it to work on a Canadian network, but if I get this done 1st then I won’t have to jailbreak/unlock it – correct?

(Downside is I still need to pay the next 12months of my UK contract even though I won’t be using the phone – but that’s my fault for signing up)!

By: Gavin Miller

Gavin Miller — Wed, 11 Nov 2009 12:38:08 +0000

BBusyB, I’m not sure there is a de facto legal requirement to unlock in the UK.

Here’s the link to OFGEM guidance which basically states that you should be able to request an unlock but there may be a fee or minimum term.

By: BBusyB

BBusyB — Wed, 11 Nov 2009 11:07:17 +0000

That’s Correct. In The UK, the carrier is legally required to unlock a locked phone once the contract period is over as the phone then belongs to the customer.

O2 had been getting a lot of Flak for not doing so with the iPhone even though they claimed that they informed customers that it would not be unlocked after the contract. I believe there have a been a lot of complaints to the regulator and talk of taking them to court where they probably would lose so this is an easy way out for them, as while some will switch, most will not.

The contracts being offered by Orange are pretty pathetic, and as such not much of a reason to change unless you are getting very poor coverage.

By: Ray

Ray — Wed, 11 Nov 2009 04:44:10 +0000

Now I’m a little confused: I though that most phones in Europe were sold unlocked and if you did happen to get a locked one, your carrier had to unlock it for free on request.