Lankster v. Apple, Inc. et al

Filing 1

COMPLAINT against Apple, Inc., Verizon Wireless filed by Albert F. Lankster, Sr. (Attachments: # 1 Civil Cover Sheet) (sdb)

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IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISRICT OF ALABAMA
NORTHERN DIVISIONS

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Albert F. Lankster, Sr.
1000 East Coats Avenue
Linden, AL. 36748

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Plaintiff;
Civil Action No.

v.

L4 Apple,lncorporated
15 1 Infinite Loop
16 Cupertino, CA, 90541; &

( ,runy DEMAND )

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Verizon Wireless
P. O. Box660108
Dallas, Texas 752266-0108,

Defendants

COMPLAINT

CODE OF FEDERAL REGUL.ATIONS, TITLE 47 _TELECOMMUNICATIONS

. Chapter 1- Federal Communications Commission

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Common Carrier Services

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Part27 - Miscellaneous Wireless Communications Services. Subpart B -

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Applications and Licenses servers as the basis for federal jurisdiction, The precise

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And exact federal law in question is 47

C. F. R. Sec.

27. 16

[e)

a

(b). See Exhibit #1.

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SPECIFIC FACTS

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On or about

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/27 /12 Mr. Lnakster purchased an lphone from Verizon

Wireless and found that his phone's tethering/wifi feature had been locked. Verizon

page 1 of

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Wireless refused Mr. Lankster's repeated request to unlock his phone, which is
Called a hand set in the federal statute, i. e. 47 C. F. R. Sec. 27. 16 {eJ. Therefore,

Mr. Lankster filed a complaint against Verizon Wireless with the Federal

Communications Commissions, see Exhibits

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Pain, suffering, mental anguish,

And other psychological abuse, costs, and related legal expenses justly entitle Mr.

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Lankster to a minimum of ten thousand dollars $10, 000.00 compensatory damages.

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Furthermore, Mr. Lankster ask that these defendants be punished with a Punitive

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Damages fine in the amount of two hundred thousand dollars $200, 000.00 to be

Distributed equally between the Salvation Army and the Greater New Bethel
Baptist Church.

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Respectfully Submitted,

/s/

Albert

F. Lankster, Sr,

Plaintiff - In Pro Per
1000 E. Coats Avenue
Linden, AL.36748
[phone]
[e-mail]

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CERTTFICATE

oF Service

I HEREBY CERTfFY that on this the L8th day of Apri1,
20L3 r caused to be served by u. s. Mail-, first ctass postage
prepaid, copies of the foregoing complaint upon representatives of above named defendants as foll_ows:
L. Sara Ford, EsQ. LTGHFOOT, FRANKLTN & WHITE, L.L.c.
The cLark Building-400 North 20th street B'ham, A1. 35203
2. Caroline Pryor, Esg, CARR ALLISON 6251 Monroe Street,
Suit,e #200 Daphne, AL. 36526

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Albert

Lankster, Sr.
page 2 ofZ

Page

Code of Federal Resulations

I of 2

EXHIBIT #1

Gode of Federal Regulations
Title 47 - Telecommunication
Volume:2
Date:2007-10-01
Original Date: 2007-1 0-01
Title: Section 27.16 - Network access requirements for Block C in the 746-757 and776-787 MHz
bands.
Context: Title 47 - Telecommunication. CHAPTER | - FEDERAL COMMUNICATIONS
coMMlsstoN (CoNTINUED). SUBCHAPTER B - COMMON CARRTER SERVICES. PARr 27 MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES. Subpart B - Applications and
Licenses.

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27.16

Network access requirements for Block C in the 746757 and776-787 MHz bands.

(a) Applicability. Ihis section shall apply only to the authorizations for Block C in the 746-757
and776-787 MHz bands assigned and only if the results of the first auction in which licenses for
such authorizations are offered satisfied the applicable reserve price.

(b) Use of devices and applicaflons. Licensees offering service on spectrum subject to this
section shall not deny, limit, or restrict the ability of their customers to use the devices and
applications of their choice on the licensee's C Block network, except:
(1) Insofar as such use would not be compliant with published technical standards reasonably
necessary for the management or protection of the licensee's network, or
(2) As required to comply with statute or applicable government regulation.

(c) Technical standards. For purposes of paragraph (bX1) of this section:
(1) Standards shall include technical requirements reasonably necessary for third parties to
access a licensee's network via devices or applications without causing objectionable
interference to other spectrum users or jeopardizing network security. The potential for excessive
bandwidth demand alone shall not constitute grounds for denying, limiting or restricting access to
the network.
(2) To the extent a licensee relies on standards established by an independent stanciards-setting
body which is open to participation by representatives of service providers, equipment
manufacturers, application developers, consumer organizations, and other interested parties, the
standards will carry a presumption of reasonableness.
(3) A licensee shall publish its technical standards, which shall be non-proprietary, no later than
the time at which it makes such standards available to any preferred vendors, so that the
standards are readily available to customers, equipment manufacturers, application developers,
and other parties interested in using or developing products for use on a licensee's networks.

(d) Access requests. (1) Licensees shallestablish and publish clear and reasonable procedures
for parties to seek approvalto use devices or applications on the licensees' networks. A licensee
must also provide to potential customers notice of the customers' rights to request the
attachment of a device or application to the licensee's network, and notice of the licensee's
process for customers to make such requests, including the relevant network criteria.
(2\ lt a licensee determines that a request for access would violate its technical standards or
regulatory requirements, the licensee shallexpeditiously provide a written response to the

http://www.gpo.gov/fdsys/pkg/CFR-2007-titl

e47

-vol2lxmllCFR-2O07 -title47 -vol2-sec27

-16...

41812013

Page? of 2

"Code of Federal Regulations

requester specifying the basis for denying access and providing an opportunity for the requester
to modify its request to satisfy the licensee's concerns.

(e) Handset loeking prohibited. No licensee,rnaydisablc"fm&tgeaotrhaadso+qrtpr.rvirteela
gustomers, to the extent such features are compliant with thelicensee's standard*pursuant to
paragraph (b)of this section, nor configure handsets it provides to prohibit use of such handsets
on other providers' networks.
(t) Burden of proof. Once a complainant sets forth a prima facie case that the C Block licensee
has refused to attach a device or application in violation of the requirements adopted in this
section, the licensee shall have the burden'of proof lo demonstrate that it has adopted
reasonable network standards and reasonably applied those standards in the complainant's
case. Where the licensee bases its network restrictions on industry-wide consensus standards,
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such restrictions would be presumed

reasonable.

172 FR 48849, Aug.

24,2AA7l

Effective Date Note: At72FR 48849, Au1.24,2007,

S 27.16 was added,

effective Oct. 23, 2007.

hnp://www.gpo.gov/fdsys/pkg/CFR-200?-title47-voLZlxmVCFR-20}7-title47-vol}-sec27-16...

41812013

EXHIBIT #2

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ftlovember "12,2012
Ms" Sharon Bswrru

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Feder*f Comrnunicationc Cartrnisciorr

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Cunsumrr lnquirios and Complaints givi$lon
Conrumer & Goy€rnrnsrtsf Affain Sureau

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445 11& Strset, $w
Washlngton, DC 20554
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Oear Ms" Bowe6:

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This lettgr fs in resflonsc to

lhc abstr*refurenr.ed cosnFi,airf tlled *V t*r. Albert Lanfu*ter rac*ived liy Veriron

Wr*iese on Or*eb* 31, 1013" In his cornpleint, Mr, lanhster reposts he is un*ble til ronfi*et ft ihe Wi.pl fir
his local flbrary. He is reguertlng assl$tsnce witi'r crtablFh,ngWi-Ft data con*e*tion u$*g his devirx,
Upon r*ceipt sf thb comp{alrit ws ravieuled thi.l ma'atcr Vefizon '/Vlraless €ontssted Mr. Lcnkster on
Noverrber 2, Z{1L2, and carnplatEd tfre neccssary troubleihoodns steps udth him. We were abl+ to csndurie
thut thl$ wal not an iss*e wlth Vrrizon Wirelesc, sut ratfi€r a prc'blem wfth thc devicc. On Norernb*rr 9, 2$12,
wa c*mpleted a conference ran with Apple Technlcal Suppot and they w:rs able to asrist Mr, LnnkstEr wkh
€$t*blishing a Sl|-Fi *cnnastion by modlfthg hb devic€ settilgs" We confirmed he was able to acc*ri, ihe
interfi*t 9t ths tibrary via Wi4i end no fu*her assistince rqas nseded ftom Varlzon Wireless. [rly. iankster
wag provid$d with the cgrrtart trlfsrmatien sf the undursigncd $o thet he roay cpntss't shsuid he hav* *ny
Eoncerns relate,d to tltis rngtter"

verilon wtrele$ r€Brets any irrcwrveilience thls mattsr may hav* cnuced- Should Mr. Larrkster heve any
guestifns rcgardlng this retponsq hc may cail$tt the undenignsd at {8{X}} 7604558 or {778} 521-5541
lvlonday through Friday betur*en the hours of 8;00 AM and 4:00 Pkl g5f. $ltouH the Fedcral CErnmurtlcations

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Cornmission have

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Jennifer Delmlda
Frecutlve Relation*
Veriron Wlreleis

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Relpectfully,

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qu€$Uons

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Albert lankter
Mlchele Elliott

r4arding this rs$ponse, plaace contsct Micheie Fjlisli

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