Industry Urges Caution in Gear Authorization Rules

Industry urged the FCC to move with caution as it considers additional steps to further clamp down on gear from companies on the FCC's covered list, in comments posted Monday in docket 21-232 (see 2304070050). Several commenters raised concerns about the potential complexity of including components and revoking previous authorizations of covered equipment.

Expanding the list of covered equipment to the component level "would be a herculean undertaking" because of the "incredibly complex and global" nature of the information and communication technology supply chain, said the Telecommunications Industry Association. The group said prohibiting components would be difficult because of their "specific function and technical specifications," saying no alternative is available for many of the components currently used. CTIA said security is necessary for 5G, and the FCC should "make clear that national uniformity is critical in implementing changes to the equipment authorization process."

Including component parts in the equipment authorization process "would create a bevy of new practical hurdles," CTIA said, and the FCC should "refrain from any steps that would require the creation and maintenance of parts lists as part of the equipment authorization process." Any attestation requirements should also be limited to "individual, specified parts," the group said. USTelecom said the FCC should "exercise caution" on prohibiting or revoking components and "consider the potential harm" to consumers or "potential supply chain disruptions."

It's "possible to imagine narrow, specific scenarios where revocation of existing authorizations may be considered," USTelecom said, but the FCC would need to consider reimbursing broadband providers for any replacement costs associated with the revocation of existing authorizations. Some proposals could have "widespread and deleterious consequences for the entire technology industry," said the Consumer Technology Association. The group encouraged the FCC to proceed with caution, adding the commission should "be wary of expanding its public interest review into areas that are better addressed by national security agencies."

Motorola Solutions "fully supports" the FCC's efforts and said addressing covered equipment is "the next logical step in addressing the national security threats posed by such equipment," the company said. Motorola encouraged the FCC to prevent the marketing and sale of currently authorized "video surveillance and telecommunications equipment" produced by Hytera, Hikvision and Dahua. The company filed a motion to intervene in support of the FCC on Hikvision's petition for review of an order barring authorization of network equipment in the U.S. Court of Appeals for the D.C. Circuit in March (see 2303160043).

Hikvision, ZTE and Dahua opposed the FCC's proposals, saying the FCC lacked the legal authority to address components in the equipment authorization process. Hikvision said its currently authorized equipment "does not comprise telecommunications or internet network equipment and is not critical infrastructure." ZTE said recent FCC action about it was "misguided and unsupported by evidence." The proposal to revoke existing authorizations is "a solution in search of a problem," ZTE said. The commission "must not adopt any prohibitions that extend further than designations on the covered list absent a specifically identified national security threat," Dahua said, adding some components "cannot possibly pose a threat to national security because they are not electronic components or connected to communications networks."