FCC, Huawei Square Off in Court Briefs

The respective parties have filed their opening briefs in Chinese telecom Huawei's challenge to the Federal Communications Commission's initial determination that its technology is a national security risk and must be excluded from broadband subsidies — and likely ripped and replaced from existing networks. The FCC voted unanimously on June 30 to affirm its initial designation that Huawei (and ZTE) are suspect, which means no carrier can use tech from either company to build out broadband and be eligible for any of the government's billions of dollars in Universal Service Fund subsidies for wireless and wired broadband. 

Filing in the US Court of Appeals for the Fifth Circuit, Huawei said it wants the court to vacate the rule excluding suspect tech from the USF, as well as its designation by the FCC as suspect tech. The company said the FCC's reasons for designating it a risk were contrived and politically motivated. In its brief, the FCC asked the court to dispense with oral argument and just decide based on the briefs alone, though it said it was ready to present oral argument if need be. It pointed out that Congress established the FCC “for the purpose of the national defense” and “promoting safety of life and property through the use of…communication,” which it says "the potential impact on network security or the public interest of permitting foreign-owned or -controlled entities access to different components of American communications networks."