Song Liuping, Huawei’s chief legal officer, said at the press conference that “only because Huawei is a Chinese company will ban us and cannot solve any network security issues.”
Huawei announced that it will sue the FCC (United States Federal Communications Commission).
Huawei filed an indictment in a U.S. court today, asking the court to find that the FCC ’s decision to bar Huawei from participating in federal subsidy funding programs violates the US Constitution and the Administrative Procedure Law.
On Friday, November 22, the FCC identified Huawei and ZTE as U.S. national security threats with five votes in favor and zero votes on Friday, and barred operators in rural areas of the United States from using the Universal Service Fund (USF) to purchase Huawei equipment. . Huawei and ZTE will have 30 days to contest the ban, and the final order to force the removal of the device will not be issued until next year at the earliest.
Huawei stated that in the indictment filed with the US Court of Appeals for the Fifth Circuit, Huawei considered that the FCC directly identified Huawei as a national security threat and did not give Huawei the opportunity to refute the allegations, which violated the principle of due process. Huawei also believes that the FCC has not provided any evidence or reasonable grounds to support its arbitrary decisions, which violates US laws such as the US Constitution and the Administrative Procedure Act.
Song Liuping, chief legal officer of Huawei, said at the press conference that “only because Huawei is a Chinese company will ban us and cannot solve any network security issues.” Glen Nager, the chief lawyer for the case, said that the FCC did not follow relevant standards. This decision was adopted only for Chinese companies such as Huawei, and the FCC itself acknowledged that it was targeted at Chinese companies.
Song Liuping pointed out that FCC Chairman Ajit Pai and other members did not provide any evidence to prove that they believe Huawei constitutes a security threat. Since the FCC first proposed this proposal in March 2018, Huawei and rural American operators have submitted multiple rounds of factual basis and objections, but the FCC has completely ignored these factual basis and opinions.
Additionally, Glen Nager said that the rule goes beyond the FCC’s statutory powers because the FCC does not have the authority to make national security determinations or to restrict the use of USF funds based on that judgment. In addition, the FCC does not have professional recognition capabilities in national security.
Glen Nager also said that the decision made against Huawei lacked legal and factual basis. He stated: “The FCC did not make this judgment based on evidence, but based on a fundamental misreading of Chinese law and unreasonable, unreliable and unacceptable allegations and insinuations. The decision was purely an unreasonable and poor preliminary trial . “