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Oftel’s 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

Mobile phone companies often lock mobile handsets to their own network to give a better guarantee of recovering the cost of handset subsidies and other customer acquisition costs. The main providers' locking policies are described below.

Mobile providers' handset locking policies
(November 2002)

Vodafone
Lock-in period
Fee
What's locked?
Unlock at any time, but only pay the fee if unlock within first year £19.99 Pre-pay & a minority of contract phones

O2
Lock-in period
Fee
What's locked?
12 months £15 Prepay & a minority of contract phones

T-Mobile
Lock-in period
Fee
What's locked?
Prepay 3 months, contract 1 month £15 Prepay &
Contract phones

Orange
Lock-in period
Fee
What's locked?
Unlock at any time £23.25 Prepay &
Contract phones

Virgin Mobile
Lock-in period
Fee
What's locked?
Unlock once customer has spent £30 on Virgin Mobile airtime Free Prepay & pay monthly phones

Contract customers typically must also pay the outstanding subscriptions for the remaining period of the contract before being unlocked.

Oftel investigated SIM locking in 2001-2 and reviewed its policy. Oftel concluded that its concerns could best be met by improvements in customer awareness of locking policies, which has been weak. Oftel has made it clear to mobile operators that it expects customers advice to improve, and has asked mobile providers to show how they will ensure adequate customer awareness of SIM locking restrictions.

Oftel advises consumers interested in unlocking their phones to ask their mobile provider about unlocking fees and the minimum locking period. However, if a consumer feels that these details were not made clear at the time of purchase or feels misled in any way when purchasing the mobile, then we would advise that they to talk to their local Trading Standards Department.

There are now no specific guidelines relating to the mobile companies' policies, in terms of the length of locking period and the charges for unlocking. Oftel decided that setting particular conditions for SIM locking would be less effective than customer pressure on the mobile companies: properly informed customers can select a provider bearing in mind the importance of locking restrictions to them, rather than Oftel setting

(If you have been following the steps to contact Oftel and this FAQ has not helped then proceed to Step 3)

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