[wsh]

I agree that the FCC is concerned—as to some devices, in its present rules and guidance, and as to all certified equipment, in the proposed rules I mentioned in another comment—only with software that can affect radio compliance characteristics.

For many devices, however, the practical result is likely to be the same as an outright prohibition on software modifications. Manufacturers of devices for which there is limited market demand for compatibility with third-party software have few incentives to incur the extra costs and certification risks of designs that provide for tamper resistance only where required, rather than for the software and firmware as a whole.

The situation in Verizon is distinguishable because the handsets involved were already designed to support third-party applications with limited privileges, and also because Verizon was a Block C licensee with network access obligations, not an equipment grantee.