Huawei wants to challenge FCC ruling now that Trump is out of the picture

Huawei logo
Huawei logo (Image credit: Android Central)

What you need to know

  • Huawei is challenging the former Trump administration's declaration that the company is a national security threat.
  • The ruling is seen as "arbitrary, capricious, and an abuse of discretion and not supported by substantial evidence."
  • Biden's Commerce secretary pick has previously stated that she sees no reason to remove Huawei from the Entity List.

The latest development of the drawn-out saga between Huawei and the United States government sees the Chinese smartphone manufacturer filing a lawsuit, claiming that the FCC exceeded its mandate by designating it as a national security threat. According to Bloomberg, Huawei also feels that not only does the FCC lack "substantial evidence", but it also did not give the company a chance to defend itself.

The order on review potentially impacts the financial interests of the telecommunications industry as a whole, including manufacturers, end-users, and service providers in a broad range of industries, such as the internet, cellular and landline telephone, and similar telecommunications applications.

Huawei has been in a back and forth tussle with the U.S. since 2018 over claims that the company provided backdoors within its technology for the Chinese government to take advantage of and spy on consumers. The company has vehemently denied this and has previously attempted to challenge U.S. decisions against it, to no avail. The Trump administration did not back down, blocking U.S. companies from working with and supplying any tech to Huawei. This has had a negative effect on the company, which is unable to obtain chips to power the best Huawei phones you can't buy. The FCC has also not backed down, despite recent changes in its leadership:

Last year the FCC issued a final designation identifying Huawei as a national security threat based on a substantial body of evidence developed by the FCC and numerous U.S. national security agencies. We will continue to defend that decision.

Huawei has been hoping that the new Biden administration would be more lenient with the company than Trump was. That might not be in the cards, though, if President Biden's nominee for Commerce secretary, Gina Raimondo, has her way. She recently went on record stating that she sees "no reason" to remove Huawei from the Entity List.

Derrek Lee
News Editor

Derrek is a long-time Nokia and LG fanboy who loves astronomy, videography, and sci-fi movies. When he's not working, he's most likely working out or smoldering at the camera.

  • I am sure ChinaJoe will be extra nice...
  • Lol. I'm sure you're right.
  • MAGA! 🇺🇲🇺🇸🇺🇲🇺🇸🇺🇲🤠🤠🤠 They stole the election 😡🤬 Voter fraud!
  • Hopefully Huawei stays on the Entity List forever.
  • A lot of good things can happen again now that embarrassment is gone
  • ha! is that you Joe?
  • There is nothing good that can happen if China is involved. And the embarrassment started on Jan 20th
  • Dude it's probably best not to argue with the Trumpites. They lack the capacity for logic and reason anyway. Rational thought is beyond them and you damned sure don't want to get them wet or feed them after midnight.
  • National Security threats are National Security threats regardless who is president. Trump was right to restrict this company and Biden will continue it. I get a lot of Tech people thought the phones were cool but it's too much a risk.
  • ^This. Well, they were mainly restricted for their telecom 5G equipment which if used in carriers or in other company networks poses such a huge risk. Since there will be alot of IoT devices connecting in the future the Chinese government /military /state sponsored hackers could vacuum up all the traffic passing through and or even disrupt the operation of the entire network with a digital kill switch if things escalate further in the future which most likely will.
  • Yep. I like what I see from Huawei as far as phones go and think it's a shame there was a sweeping ban on all products, but there is a credible threat in using Huawei telecom gear. I think Huawei's only way out of this for the phone side is to use a company like Qualcomm to provide the inner workings and offer up their phone software for a complete audit, and the company would never do either because of silly nationalistic pride.