Huawei Makes Legal Argument Against Proposed FCC Ban
Don't rely on the Communications Assistance for Law Enforcement Act to ban equipment from Huawei for USF, as proposed by FCC Chairman Ajit Pai, asked the Chinese company. Huawei opposes the ban, scheduled for commissioner vote Friday (see 1910290054).“The Commission…
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cannot rely on CALEA as a source of authority for its rule because it never proposed to rely on CALEA in its NPRM,” Huawei said in docket 18-89, posted Friday. “In the Draft Report and Order, the Commission cites two provisions of CALEA, 47 U.S.C. §§ 229 and 1004. But the Commission cited § 229 nowhere in the NPRM and cited § 1004 only in a footnote with no explanation or context whatsoever,” Huawei said. The FCC’s proposed interpretation of CALEA “departs from the statute’s plain text, ignores statutory structure, purpose, and legislative history, and is otherwise patently unreasonable,” the company said.