MULTICHANNEL NEWS – FCC to Court: Deny Huawei


The FCC has told a federal appeals court that Huawei is wrong on all counts in its challenge to the commission’s decision to exclude suspect tech in general from its Universal Service Fund subsidies and, tentatively, Huawei in particular.

Even if the FCC had not moved to exclude technology deemed a national security threat from the USF dollars, the Congress seconded that with legislation that required it.

The FCC filed with the U.S. Court of Appeals for the Fifth Circuit in Huawei’s appeal of the FCC decision, saying the court can make its decision based on those briefs but that it is ready to go to court for oral argument if it has to. It said the Huawei petition should be denied.

And while the FCC lays out its argument against Huawei’s position, it said the court doesn’t even have jurisdiction over the Huawei petition because that petition is not “ripe,” in part because the decision to exclude Huawei–and ZTE–tech from the USF funds is tentative, so not a final FCC action, so not ripe for a challenge.

The FCC voted unanimously not to allow USF fund money to go to carriers using tech from companies that threaten the integrity of networks or supply chains, then tentatively concluded that included Chinese telecoms Huawei and ZTE. The commission told the court that it reasonably concluded that networks with security vulnerabilities that could allow for foreign surveillance “were not ‘quality’ networks capable of furthering the goal of universal service.”

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About 5G Action Now

5G Action Now was founded to establish the United States as the worldwide leader in 5G. Our goal is to elevate the conversation regarding American national security and the economic benefits of winning the 5G innovation and deployment battle against China. 5G will spur economic growth in rural America, create an environment for technological expansion, and put the U.S. on strong national security footing for generations to come.

5G Action Now supports the Federal Communications Commission’s (FCC) goal of a 2020 C-band auction. Additionally, we support Members of Congress of both parties working together with the federal government to win the 5G race against China.

About Mike Rogers

Mike Rogers is the former Chairman of the House Permanent Select Committee on Intelligence and now serves as the Chairman of 5G Action Now.

In Congress, Chairman Rogers worked with two presidents, Congressional leadership, foreign leaders, diplomats, and intelligence professionals, and oversaw the Intelligence Community’s $70 billion budget that funded the nation’s 17 intelligence agencies. Before being elected to represent Michigan in the House of Representatives, he was an FBI special agent and member of the U.S. Army.

Today, he hosts the CNN Original Series Declassified, regularly appears on various TV and radio shows, and frequently contributes to major print outlets. He is also a Senior Fellow at Harvard University’s Belfer Center where he is leading a program on 5G, national security, and intelligence policy.