Huawei has confirmed an appeal against the US government's decision to block carriers receiving state subsidies from using Huawei equipment. The petition against the FCC decision was filed in the US Court of Appeals for the Fifth Circuit.
Huawei claims its rights to due process were violated when the US branded it a national security threat. The FCC's "arbitrary findings" were not substantiated with evidence, sound reasoning or analysis, in violation of the US Constitution, the Administrative Procedure Act, and other laws, the company said in a statement.
"Banning a company like Huawei, just because we started in China – this does not solve cyber security challenges," Huawei’s Chief Legal Officer Song Liuping said at a press conference held in Shenzhen at Huawei's headquarters.
The company claims that the FCC ignored evidence submitted by Huawei and others supporting its position. The group presented 21 rounds of detailed comments, explaining how the order will harm people and businesses in remote areas, it said.
In addition, Huawei claims the FCC decision exceeds the agency’s statutory authority, as the FCC is not authorized to make national security judgments or to restrict the use of universal service funds based on such judgments.
This is Huawei's second lawsuit against the US government. In March it filed a court case seeking to overturn the ban on doing business with the US federal government and its agencies.
