[OT] FCC Aproval - Restrictions by country

Peter Viskup skupko.sk at gmail.com
Thu Nov 15 23:04:57 CET 2012


On 11/15/2012 10:24 PM, Cristian Gómez wrote:
> Thanks for your answer Peter
>
> The law that is trying to decrease cellphone stealing. When you buy a 
> free cellphone (out of carriers) in order to use it on GSM network you 
> must:
> - Valid buy invoice (as far as they said, they will accept Amazon and 
> others). In the invoice should be discrimined vendor, model and IMEI 
> number
> - IMEI numbers (software and hardware label) must coincide (this is good)
> - Homologation certificate (you can download certificates for 
> homologated cellphones in a page)
You should provide some references to some web-pages writing about this 
law (best in English).
There are only two possible effective ways to restrict access to GSM 
network (I am aware of - and I am not an GSM specialist):
  - restriction based on IMEI and
    - restrict all IMEIs except the 'valid' or 'registered' ones (but 
what about the foreigners coming to your country?)
    - restrict only IMEIs from the list of stolen devices (this is most 
common in the world)
  - the GSM network operator will not sell you new SIM card for 
'non-compliant' device

AFAIK there is already some law/rules effective in some of the states of 
European Union in which the operators should not allow to connect any 
device to GSM network with IMEI from the list of stolen devices.
Here are some references on the internet:
http://en.wikipedia.org/wiki/International_Mobile_Equipment_Identity
http://www.europarl.europa.eu/sides/getAllAnswers.do?reference=E-2012-003591&language=EN
http://www.technewsdaily.com/4040-carriers-stolen-phones.html

Now one question I have regarding the OpenMoko - is it possible to 
change the IMEI on the software layer - before the phone will connect to 
GSM network? Or is it somehow secured on the HW layer by the modem itself?

> I take what media says about the regulation and contacted government 
> statement (called Comisión Reguladora de Comunicaciones 
> -Communications Regulator Entity or so in english-) for clarification 
> in the terms of the regulation and they pointed me to a 1997 
> regulation about homologation process and why they charge for 
> homologation, 1997 regulation exists since then but didn't have direct 
> effect on consumers but with the new regulation that requires 
> homologation certificate in order to activate a cellphone
I do not think they will make such restrictions in the GSM network - 
just because of the tourism and the foreigners coming to Colombia just 
for vacation. But of course I can be wrong in my feelings and in such 
case every foreigner willing to use his cell phone in Colombia should 
register his device somewhere.
> In example, this [1] (on spanish) is Samsung Galaxy S3 (and other 3 
> models) homologation certificate. Its tramitted by Samsung's Colombia 
> executive and they must pay $22668000 (colombian pesos) what's 
> equivalent to US 12593 (US 3148 aprox for each model). You see there 
> that an individual who buys a cellphone not for mass sale or similars 
> but for personal use (let's say we buying one Neo FreeRunner) don't 
> have that cash to pay. You'll end up paying US 250 for FR and US 3148 
> for homologation, that makes no sense
Any possibility for an 'individual' homologization - this is the case of 
<probably-former> Slovakian law for 'no-mass-production' cars where the 
owner of this special car payed not as much money for this certificate 
as the reseller.
> Nowdays is absurde to even considering having this requisites to use a 
> device or other (car, rc toys, etc) given the globalization and the 
> ease of adquiring items that aren't avaliable in local stores (or 
> carriers in this case)
[Un]-Fortunately there is an global activity to implement such 
restrictions in GSM network. Unfortunately for the GSM users I didn't 
hear about any country in the  world telling the GSM network connection 
is Human rights as it is in case of Internet connection in Finland, 
France, Estonia and others.
http://en.wikipedia.org/wiki/Right_to_Internet_access

> 2012/11/15 Peter Viskup <skupko.sk at gmail.com <mailto:skupko.sk at gmail.com>>
>
>     On 11/15/2012 08:57 PM, Cristian Gómez wrote:
>>     The law proposes that you can only *use* a cellphone in the
>>     country if it's homologated by a local government statement, this
>>     means that one (a carrier commonly) must pay a lot in order to
>>     get one cellphone model homologated, it doesn't matter if the
>>     cellphone fits international organizations (like FCC) requisites
>>     and it's approved by them.
>     The question is how they will enforce this law. Not sure how they
>     can forbid you to join the GSM network - and what about foreigners
>     with their own cell phones. It is probably misunderstanding from
>     your side and it's applicable only to resellers.
>     It was the same situation with cars here in Slovakia some years
>     before for example. Our local law didn't accept any international
>     homologisation certificates and every new model had to pass the
>     local slovak homological process before going to show rooms. Not
>     sure about current situation in this and what laws are effective
>     for cell phones and other electronics here in Slovakia.
>
>
>>     *For everyone:*
>>     1. Do you know how it's the process to use any cellphone you want
>>     to use even if it's not supported by any carrier? Is there any
>>     homologation process like in Colombia or just with FCC
>>     certificate you're good?
>>     Please answer this with your country and what you know about the
>>     process
>     <as I wrote already - I am not sure>
>
>     Best regards,
>     --
>     Peter*
>     *
>
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