FCC to Court: Deny Huawei

The Federal Communications Commission told the US Court of Appeals for the Fifth Circuit that Huawei is wrong on all counts in its challenge to the FCC'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 Universal Service Fund dollars, Congress seconded that with legislation that required it.  The FCC filed in court with 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 postition, it says 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.