The 5th U.S. Circuit Court of Appeals denied Huawei’s challenge to the FCC ban of the Chinese telecom gear vendor's equipment from networks funded by the Universal Service Fund under its national security supply chain rules (see 1911220064). Huawei sought the review in December. “If we were convinced that the FCC is here acting as ‘a sort of junior-varsity’ State Department,” the court “would set the rule aside,” Judge Stuart Kyle Duncan said Friday for the three-judge panel. “But no such skullduggery is afoot. Assessing security risks to telecom networks falls in the FCC’s wheelhouse.” Huawei is “disappointed” by the ruling and is “assessing” its “options to respond,” a spokesperson emailed: The company continues “to believe the FCC acted without authority in changing” its USF rules. The FCC didn’t comment. Wiley’s Tom Johnson, former FCC general counsel, said he’s “proud to have represented” the U.S. “in this important case.” Matthew Berry, who was chief of staff to then-FCC Chairman Ajit Pai, also praised the ruling.
The 5th U.S. Circuit Court of Appeals denied Huawei’s challenge to the FCC ban of the Chinese telecom gear vendor's equipment from networks funded by the USF under its national security supply chain rules (see 2001020027). Huawei sought the review in December (see 2012110017). “If we were convinced that the FCC is here acting as ‘a sort of junior-varsity’ State Department,” the court “would set the rule aside,” said Judge Stuart Kyle Duncan Friday for the three-judge panel. “But no such skullduggery is afoot. Assessing security risks to telecom networks falls in the FCC’s wheelhouse.” Huawei is “disappointed” by the ruling and is “assessing” its “options to respond,” a spokesperson emailed: The company continues “to believe the FCC acted without authority in changing” its USF rules. The FCC didn’t comment. Wiley’s Tom Johnson, former FCC general counsel, said he’s “proud to have represented” the U.S. “in this important case.” Matthew Berry, former chief of staff to then-FCC Chairman Ajit Pai, also praised the ruling.
The Wireless Infrastructure Association and others are expected to argue at a Tuesday Senate Communications Subcommittee hearing that lawmakers should consider network resiliency issues as they decide the contours of connectivity language in upcoming infrastructure spending legislation. Subpanel lawmakers said they intend to look at how to move forward on a to-be-refiled version of the Reinforcing and Evaluating Service Integrity, Local Infrastructure and Emergency Notification for Today’s (Resilient) Networks Act (see 2102160067) and other resiliency-centric bills. The partly virtual hearing begins at 2:30 p.m. in 253 Russell.
Huawei asked the 5th U.S. Circuit Court of Appeals to hear its case seeking to overturn the FCC ban on rural eligible telecom carriers using USF programs to buy equipment from the Chinese firm. Huawei filed the case a year ago (see 1912050050). The FCC’s order approved Thursday (see 2012100054) “leaves no doubt that Huawei’s petition is ripe,” said a filing (in Pacer) posted Friday in docket 19-60896: The order “confirms that only judicial review can relieve Huawei from enforcement of the USF rule.” Protecting national security is a “lame excuse” to oppress certain Chinese enterprises, said a Chinese Foreign Affairs Ministry spokesperson Friday, responding to the FCC’s order approval. “Huawei has built more than 1,500 networks in more than 170 countries and regions,” with no “network security incidents,” she said. “No country has been able to come up with evidence to prove Huawei products have back doors, including the United States, whom we've challenged many times to present evidence.” China urges the U.S. to “stop its arbitrary use” of national security as a pretense for its “unjustified crackdown on certain Chinese enterprises,” she said.
Huawei asked the 5th U.S. Circuit Court of Appeals to hear its case seeking to overturn the FCC ban on rural eligible telecom carriers using USF programs to buy equipment from the Chinese firm. Huawei filed the case a year ago (see 1912050050). The FCC’s order approved Thursday (see 2012100054) “leaves no doubt that Huawei’s petition is ripe,” said a filing (in Pacer) posted Friday in docket 19-60896: The order “confirms that only judicial review can relieve Huawei from enforcement of the USF rule.” Protecting national security is a “lame excuse” to oppress certain Chinese enterprises, said a Chinese Foreign Affairs Ministry spokesperson Friday, responding to the FCC’s order approval. “Huawei has built more than 1,500 networks in more than 170 countries and regions,” with no “network security incidents,” she said. “No country has been able to come up with evidence to prove Huawei products have back doors, including the United States, whom we've challenged many times to present evidence.” China urges the U.S. to “stop its arbitrary use” of national security as a pretense for its “unjustified crackdown on certain Chinese enterprises,” she said.
China may be “attempting to drive a high-tech wedge” between the U.S. and U.K. via concerns about the national security implications of allowing equipment from Huawei on telecom infrastructure, Sen. Tom Cotton, R-Ark., told the U.K. House of Commons’ Defense Select Committee Tuesday. Cotton and other U.S. lawmakers criticized the U.K. allowing Huawei on “non-core” parts of communications infrastructure but bar it from “sensitive locations” like military bases (see 2001280074). Recent media reports claim the U.K. government may be planning to change that.
The move to open-radio access networks in wireless is a natural evolution, follows trends in other industries and could help the U.S. make networks more secure, speakers said during a Hudson Institute webinar Tuesday. The FCC postponed a March 26 summit on 5G-focused O-RAN technology because of coronavirus concerns (see 2003120071) and hasn’t set a new date, a spokesperson confirmed now. In February, Attorney General William Barr said the O-RAN is “just pie in the sky” and a “completely untested” approach that would “take many years to get off the ground.”
China may be “attempting to drive a high-tech wedge” between the U.S. and U.K. via concerns about the national security implications of allowing equipment from Huawei on telecom infrastructure, Sen. Tom Cotton, R-Ark., told the U.K. House of Commons’ Defense Select Committee Tuesday. Cotton and other U.S. lawmakers criticized the U.K. allowing Huawei on “non-core” parts of communications infrastructure but bar it from “sensitive locations” like military bases (see 2001280074). Recent media reports claim the U.K. government may be planning to change that.
Huawei petitioned the 5th U.S. Circuit Court of Appeals to overturn the FCC banning rural eligible telecom carriers from using USF programs to buy equipment that could come from the Chinese firm, the company said Thursday. Last month, the FCC voted, for national security, to ban Huawei and ZTE equipment on networks bought with USF dollars (see 1911220033). The FCC declined comment now.
Huawei petitioned the 5th U.S. Circuit Court of Appeals to overturn the FCC banning rural eligible telecom carriers from using USF programs to buy equipment that could come from the Chinese firm, the company said Thursday. Last month, the FCC voted, for national security, to ban Huawei and ZTE equipment on networks bought with USF dollars (see 1911220033). The FCC declined comment now.