Senator Cynthia Lummis (R-WY), joined by Senators John Kennedy (R-LA) and Eric Schmitt (R-MO), wrote to FCC Chairman Brendan Carr this week calling on the Commission to finalize its rulemaking to require automatic phone unlocking after 180 days.
Support requiring automatic phone unlocking after 180 days through FCC rulemaking.
Occurrences
calling on the Commission to finalize its rulemaking to require automatic phone unlocking after 180 days.
We urge the Commission to seize this opportunity to deliver meaningful relief to American families by enacting a uniform unlocking rule, establishing long-sought regulatory certainty, and upholding the principle that competition best serves consumers.
Evidence
The Federal Communications Commission today proposed that the agency require mobile service providers to unlock customers’ mobile phones within 60 days of activation.
We propose to require all mobile wireless service providers to unlock handsets 60 days after a consumer’s handset is activated with the provider, unless within the 60-day period the service provider determines the handset was purchased through fraud.
We urge the Commission to seize this opportunity to deliver meaningful relief to American families by enacting a uniform unlocking rule, establishing long-sought regulatory certainty, and upholding the principle that competition best serves consumers.
Senator Cynthia Lummis, along with Senators John Kennedy and Eric Schmitt, wrote to FCC Chairman Brendan Carr urging the Commission to finalize its rulemaking to require automatic phone unlocking after 180 days across all mobile carriers.
The FCC's Notice of Proposed Rulemaking suggests requiring providers to unlock handsets 60 days after activation, with exceptions for fraud.
The FCC proposed a rule requiring mobile service providers to unlock phones within 60 days of activation.
At paragraph 33, the FCC declined to impose an unlocking condition in the Verizon Wireless/Array spectrum transaction and explained that general, industry-wide handset unlocking issues are more appropriately addressed through a Commission rulemaking proceeding, citing WT Docket No. 24-186.
Sen. Lummis and colleagues asked the FCC to finalize its pending handset-unlocking rulemaking and establish a uniform unlocking standard after 180 days across all mobile carriers.
Senator Lummis led a March 5, 2026 letter to FCC Chairman Brendan Carr urging the Commission to finalize its handset-unlocking rulemaking and to require automatic phone unlocking after 180 days across all mobile carriers.
The Commission's May 14, 2026 Memorandum Opinion and Order (DA 26-486) resolves a transaction matter and treats handset-unlocking matters as belonging to the pending handset-unlocking rulemaking (WT Docket No. 24-186), rather than imposing an industry-wide 180-day unlocking condition in this order.
Lummis announced she led a letter to FCC Chairman Brendan Carr urging completion of the pending rulemaking and a uniform requirement for automatic phone unlocking after 180 days across mobile providers.
The FCC granted Verizon a waiver from its 60-day handset-unlocking obligations until the Commission decides on an industry-wide approach, and declined to limit the waiver to 180 days.
In a Verizon spectrum-assignment order, the FCC declined to impose a transaction-specific unlocking condition and said general industry-wide unlocking issues are better handled in rulemaking proceedings, citing WT Docket No. 24-186.
The FCC NPRM opened WT Docket No. 24-186 and proposed a broadly applicable handset-unlocking rule, specifically seeking comment on unlocking handsets 60 days after activation, not adopting a final 180-day rule.
Assessments
Lummis took concrete same-term action by leading a March 5, 2026 letter urging the FCC to finalize WT Docket No. 24-186 with a uniform automatic phone-unlocking requirement after 180 days. That fulfills the support/advocacy component, but the available FCC record shows the rulemaking remained pending and no binding 180-day automatic-unlocking rule had been adopted; recent FCC orders instead left industry-wide unlocking to the unresolved rulemaking. This is therefore partial progress with a clear effort badge, not full delivery.
Lummis publicly and directly urged the FCC to adopt a uniform handset-unlocking rule with a 180-day standard in March 2026, which shows clear same-term advocacy. But the evidence does not show that the FCC actually adopted the 180-day requirement; the issue remained in pending rulemaking, so the underlying policy was not fully delivered.
Lummis clearly advocated for an FCC handset-unlocking rule requiring automatic unlocking after 180 days, including a March 5, 2026 letter to the FCC. But the available evidence does not show that the FCC adopted that 180-day standard; the Commission’s rulemaking had proposed 60 days, and a May 14, 2026 FCC order still treated handset unlocking as a pending rulemaking issue rather than a finished 180-day mandate. That makes this a serious but unsuccessful attempt rather than a delivered outcome.
Sen. Lummis actively advocated for an FCC rule requiring automatic phone unlocking after 180 days (led a March 5, 2026 letter to the FCC and urged finalization of the handset-unlocking rulemaking). However, the FCC’s rulemaking had proposed a 60-day unlocking requirement (NPRM July 2024) and as of May 14, 2026 the Commission treated handset-unlocking issues as remaining in the pending rulemaking rather than adopting an industry-wide 180-day unlocking requirement. The promise (a 180-day automatic-unlock rule via FCC action) was not adopted in the same term despite the senator’s advocacy, so the pledge was not delivered; effort is credited.
Lummis fulfilled the promise as framed: she supported requiring automatic handset unlocking through FCC rulemaking by leading a March 5, 2026 letter urging the FCC to finalize a uniform automatic unlocking standard after 180 days. The FCC had not adopted the final rule by the latest evidence, so this is not delivery of the underlying regulatory outcome, but the promise was to support the requirement rather than personally enact it.
Senator Lummis actively advocated to the FCC for an automatic 180-day phone unlocking rule, demonstrating real legislative engagement toward this promise. However, the FCC's actual proposal only requires phone unlocking within 60 days, not the specific 180-day threshold outlined in the promise. Thus, while strong effort was shown, the precise outcome as promised was not delivered.
Senator Lummis advocated for the FCC to mandate automatic unlocking of phones, meeting the spirit of her promise. The FCC responded with a rulemaking proposal, but the rule would require unlocking after 60 days (not the promised 180 days). Although the regulatory process has begun, and her active engagement is clear, the specific 180-day timeframe in the promise has not been adopted. Thus, the promise is partially fulfilled, reflecting both the legislative effort and substantial progress, but not full delivery on the exact terms.