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Huawei files legal challenge to FCC restrictions

2019-December-6       Source: Xinhuanet.com

"Banning a company like Huawei, just because we started in China -- this does not solve cybersecurity challenges," said Song Liuping, Huawei's chief legal officer.

A visitor experiences Huawei's 5G Mate30 Pro at a press conference in Shenzhen, south China's Guangdong Province, Oct. 23, 2019. (Xinhua/Mao Siqian)

"Banning a company like Huawei, just because we started in China -- this does not solve cybersecurity challenges," said Song Liuping, Huawei's chief legal officer.

Chinese tech giant Huawei mounted a legal challenge to the U.S. Federal Communications Commission (FCC) on Thursday, seeking the court to overturn an "unlawful" order that bans rural carriers in the United States from using federal subsidies to purchase Huawei equipment, the company said at a press conference in Shenzhen.

In a petition filed in the U.S. Court of Appeals for the Fifth Circuit, Huawei asks the court to hold the FCC's order unlawful on the grounds that it fails to offer Huawei required due process protections in labeling Huawei as a national security threat.

The company also believes that the FCC fails to substantiate its arbitrary findings with evidence or sound reasoning or analysis, in violation of the U.S. Constitution, the Administrative Procedure Act, and other laws.

Richard Yu, CEO of Huawei Consumer Business Group, unveils Huawei's new smartphone products to guests at a press conference in Shanghai, east China, Sept. 26, 2019. (Xinhua/Fang Zhe)

"Banning a company like Huawei, just because we started in China -- this does not solve cybersecurity challenges," said Song Liuping, Huawei's chief legal officer.

Glen Nager, Huawei's lead counsel for the legal action, said the FCC has simply adopted a standard-less rule that, by its own admission, was designed with only Huawei and another Chinese company in mind.

In addition, Nager said the decision adopted by FCC exceeds the agency's "statutory authority," as the FCC is not authorized to make national security judgments or to restrict the use of Universal Service Fund based on such judgments.

The FCC decided on Nov. 22 to designate Huawei as a national security threat and banned U.S. rural carriers from buying Huawei equipment with the fund.

Editor: Monica Liu

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