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Dahua Files Statement of Issues in Challenge to FCC Equipment Rules

Dahua Technology USA filed a statement of the issues as it challenges in the U.S. Court of Appeals for the D.C. Circuit a November FCC order clamping down on equipment from Chinese companies, preventing the sale of yet-to-be authorized equipment…

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in the U.S. (see 2211230065). The Dahua challenge was consolidated with one by Hikvision (see 2302170057) in docket 23-1032 (see 2303200023). Dahua questioned whether the FCC exceeded its authority, under Title III of the Communications Act, for “regulation of interference potential of devices capable of emitting radio frequency energy” and under the Secure Equipment Act “by regulating equipment not used in the provision of advanced telecommunications capability,” said a Thursday filing. Dahua questioned whether the FCC’s “interpretation of the term ‘critical infrastructure’ is arbitrary and capricious, unreasonably broad, plainly erroneous, or inconsistent with law.”