HUAWEI takes the fight to the US, sues the FCC

Huawei announced yesterday it’s suing the U.S. Federal Communications Commission (FCC), reported The New York Times yesterday. The company filed the petition in the U.S. Court of Appeals for the Fifth Circuit.

In the petition, HUAWEI is challenging a recently-passed FCC order. The order bars rural American carriers from using federal subsidies to purchase equipment from HUAWEI and ZTE. The FCC unanimously voted to designate the two companies as national security risks.

During a news conference today, HUAWEI Chief Legal Officer Song Liuping said the following in regards to the lawsuit:

Politicians in the U.S. say they are very concerned about cyber security. We share these concerns. Banning a company like HUAWEI just because we started in China — this doesn’t solve any cyber security challenges.

When passing this decision, the FCC did not offer HUAWEI due process or verify the facts. But, they very loudly and very publicly labeled our company as a national security threat. The FCC’s order violates the Constitution, and we have no choice but to seek legal remedy.

Liuping also said HUAWEI submitted “21 rounds of detailed comments” to the FCC. According to Liuping, the comments expressed the harm those in rural areas could experience as a result of the FCC’s order.

HUAWEI attorney Glen Nager added the following:

There is nothing in the Universal Service’s provisions of the Federal Communications Act that authorizes the FCC to make national security judgments or to restrict Universal Services Funds on the basis of national security judgments.

Speaking at a congressional hearing today, FCC Chairman Ajit Pai defended the agency’s decision to designate HUAWEI and ZTE as national security threats. According to Pai, the two companies pose a security threat to the U.S.’ communications networks and communications supply chain.

“Given the threats posed by HUAWEI and ZTE to America’s security and our 5G future, this FCC will not sit idly by and hope for the best.”