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Originally Posted by mconig78
yea that is also fraud.....
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But technically radio updates from HTC violate the EXACT same law as MEID/ESN changing... Go look it up!
And it wouldn't be fraud if you use it as your only phone and pay for it. Its just a outdated law that was created to stop real fraud (cloning of peoples phones without their permission or to allow multiple devices on the same paid line).
Edit: quote from no2chem:
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I am in the process of getting some letters typed up to get the FCC to change this outdated law which really serves no purpose. Interestingly, 47 CFR 22.919 makes it illegal for a phone manufacturer to update the firmware, see 47 CFR 22.919(c) in relevant part:
"Cellular mobile equipment must be designed such that any attempt
to remove, tamper with, or change the ESN chip, its logic system, or firmware originally programmed by the manufacturer will render the mobile transmitter inoperative." (emphasis added)
Firmware updates are clearly, (1) not the originally programmed firmware and, (2) not programmed by the manufacturer.
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Let me also add the FCC's own site about this:
http://www.fcc.gov/cgb/consumerfacts...honefraud.html
Clearly someone cloning their own phone and only using one at a time does not fall into either category, which is why this is a argued over thing.