Huawei Asks 5th Circuit to Hear Case Against FCC

Huawei asked the 5th U.S. Circuit Court of Appeals to hear its case seeking to overturn the FCC ban on rural eligible telecom carriers using USF programs to buy equipment from the Chinese firm. Huawei filed the case a year ago (see 1912050050). The FCC’s order approved Thursday (see 2012100054) “leaves no doubt that Huawei’s petition is ripe,” said a filing (in Pacer) posted Friday in docket 19-60896: The order “confirms that only judicial review can relieve Huawei from enforcement of the USF rule.” Protecting national security is a “lame excuse” to oppress certain Chinese enterprises, said a Chinese Foreign Affairs Ministry spokesperson Friday, responding to the FCC’s order approval. “Huawei has built more than 1,500 networks in more than 170 countries and regions,” with no “network security incidents,” she said. “No country has been able to come up with evidence to prove Huawei products have back doors, including the United States, whom we've challenged many times to present evidence.” China urges the U.S. to “stop its arbitrary use” of national security as a pretense for its “unjustified crackdown on certain Chinese enterprises,” she said.