Huawei challenges US FCC national security threat designation

According to a Reuters report, Huawei has filed a legal challenge against the US Federal Communications Commission’s (FCC) designation of the company as a US national security threat to telecommunication networks. The FCC designated Huawei and ZTE as security threats in June 2020, barring US companies from using government funding to purchase equipment from them. Huawei submitted a petition that asked the FCC to reconsider its decision, which was rejected in December 2020. The FCC also finalised rules requiring telecom operators with ZTE and Huawei equipment to remove and replace that equipment. The agency created a reimbursement programme to support the effort for which Congress approved US$1.9 billion.

In a petition filed on 8 February 2020 with the Fifth Circuit Court of Appeals, Huawei argued that the FCC’s order exceeded ‘statutory authority; violates federal law and the Constitution; is arbitrary, capricious, and an abuse of discretion’.