Ban Halts Release of New 3G Phones

I have a few questions on this

1.
If a phone is in testing but not slated for sale yet by a carrier is it considered safe?

2.
If a manufacture makes (ie for example krazr red for verizon and black for sprint does it stop new colors since they have a slightly different name.)

3.
Like normal cases in wireless pone model numbers you will see variations like

Alltel - u540
Verizon - u550
Us Cellular - u560
or using a letter diffrence like UX VX AX
but essentialy the same model. Does this count as umbrella the whole product family or if in previous example if Alltell has not received the u550 they are out of luck?

My understanding is this; any 3G device whether it is a CDMA or WCDMA after today’s date will not be allowed to enter this country for commercial sale if it contains Qualcomm’s chips. If it is not used by Qualcomm’s chips then it obviously can be entered in this country. If the device has been in this country prior to today, but will be slated to release soon, I think that will still be permitted to sell. With individual phone and models, I am not sure, because I didn’t read the whole ruling on the ITC’s website.

I hoped that answered some of your questions. I will find out more during these next few days.

I believe that it doesnt matter what the model number is. If its still in china or where ever it can't come to our shores. Even if that phone model is already here.

Nextel beat me to it 😉

"The import ban is a bit of a compromise, as it essentially grandfathers phones that use technology that violates the patent. It does not apply to cell phone models imported for sale to the general public on or before the June 7, 2007 date of the order, the ITC said. But the ban does apply to the import of new models of handheld wireless communications devices that contain Qualcomm's infringing chips and chipsets."

The above was quoted from CNET's website.

nice work!

I have put the entire ITC order on this forum so everyone can read it but for the parts of the language that we are looking for is the following;

“The Commission is issuing a limited exclusion order that bars the importation of Qualcomm's infringing chips and chipsets and circuit board modules or carriers containing them. In addition, the exclusion order bars the importation of certain handheld wireless communications devices, such as cellular telephone handsets and personal digital assistants ("PDAs"), that contain Qualcomm's infringing chips and chipsets. The exclusion order does not apply to handheld wireless communications devices that are of the same models as handheld wireless communications devices that were being imported for sal...
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They also clarify the language of what wouldn't count shortly after this:

"Imports of prototypes, or downstream devices for use in testing, for limited-scale
distribution for marketing or other purposes, or any purpose other than widespread sales to end
use consumers, do not constitute imports for sale to the general public."

So basically as long as a batch of phones meant for sale have already been imported then the model will be grandfathered regardless of when Sprint decides to sell it.

Great point. Very true.

So... we were right the first time, that whole models are grandfathered, not just specific batches being imported?

Yes, if a batch of Moguls meant for widespread sale were imported on June 7th or earlier then that entire model as well as any future shipments are clear to be imported and sold regardless of when Sprint officially releases the phone.

Yes.

Ok But does sprint even matter since they do not do the importing or do they? ( i thought the phones were imported by the manufacture and then distributed to the carriers)

If this is the case are any phones that Moto or LG or Sam have in stock "ready for sale to general public" are ok for the future but any that are "in testing" or in "limited distribution" or "for marketing" will not be covered.

Anyone have an ideas on this or clarifications

Should we be looking at what phones the manufactures have already received shipments for general public sale.

Of course Sprint matters because this will now hurt any 3G DO handsets from entering this country. Sprint does not make phones but they buy from others who do and have Qualcomm chipsets in them, which because of this ban for now as it stands, does not allow any phone to enter this country after June 7th, 2007, but if it was in this country prior to yesterday’s date and hasn’t scheduled for release yet, it will be allowed to go ahead with the commercial release.

Again, if it is in the system, in this country, prior to June 7th, it will be allowed to enter into the marketplace. If it is not, then obviously it will not be allowed to.
Phones that already are starting to sell, launch everywhere will be allowed to stay, and as mentioned befo...
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So that means T-mobile can catch up if this lasts a long time?

It will still be tough for T-mobile to catch up to the big three anyway but if this ban does stand it gives them the upper hand.