FCC Votes to Tighten Net Against Suspect Telecom Gear

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The FCC on Thursday voted to widen the ban against telecom equipment deemed to pose a threat to American national security. Under proposed rules that won initial approval, the Commission could revoke prior equipment authorizations issued to such companies.

To date, the FCC has prohibited the use of support from the Universal Service Fund to buy equipment that could pose a national security threat to the United States. Under the law, this includes communications gear and services from Chinese manufacturers Huawei and ZTE. 

Yet despite identifying security concerns with this telecom equipment, the agency continues to approve such gear through its equipment certification process. During the 4-0 vote, FCC Commissioner Brendan Carr said the Commission has okayed more than 3,000 applications from Huawei alone since 2018. “Once an entity lands on our [banned] list, there does not appear to be any reason why the FCC should continue to review that gear and offer the FCC seal of approval,” he said. 

FCC Acting Chairwoman Jessica Rosenworcel explained the proposed changes “would close that door.” 

In March, the FCC designated five Chinese companies as posing a threat to national security under a 2019 law aimed at protecting U.S. communications networks. The affected companies included the previously-designated Huawei and ZTE, as well as Hytera Communications Corp, Hangzhou Hikvision Digital Technology Co and Zhejiang Dahua Technology Co. All five make telecom equipment and video surveillance cameras, according to the FCC.

The agency is taking a multi-prong approach to the security issue. In December, the agency finalized rules requiring carriers with ZTE or Huawei equipment to “rip and replace” that gear. It created a reimbursement program for that effort, and U.S. lawmakers in December approved $1.9 billion to fund it.

In the Notice of Proposed Rulemaking adopted Thursday, the FCC seeks comment on possible changes to the competitive bidding rules for auctions to protect national security. In an accompanying Notice of Inquiry, the Commission proposes to prohibit all future authorizations of communications equipment that has been determined to pose an unacceptable risk to U.S. national security. It asks whether to revoke prior equipment authorizations and whether spectrum auction applicants should provide additional certifications relating to national security.  

Huawei told Reuters the FCC action was “misguided and unnecessarily punitive.” Huawei and ZTE have repeatedly denied their telecom equipment pose a national security threat to the U.S., Inside Towers reported.

By Leslie Stimson, Inside Towers Washington Bureau Chief

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