A federal judge has dismissed a lawsuit filed by Huawei nearly a year ago that challenged the constitutionality of a law that bans the U.S. government, its contractors, and suppliers from purchasing the Chinese vendor’s equipment and services.
The judge presiding over the case in the U.S. District Court in East Texas ruled that Huawei has no legal standing to challenge the 2019 National Defense Authorization Act, which imposed the ban.
“Contracting with the federal government is a privilege, not a constitutionally guaranteed right — at least not as far as this court is aware,” U.S. District Judge Amos Mazzant wrote in his ruling.
The ruling is unrelated to the charges federal prosecutors levied against Huawei last week, accusing the world’s largest telecom equipment vendor of espionage and conspiring to steal trade secrets, including router source code, radio access network (RAN) technology.
However, the various legal snags are part of a years-long campaign waged by the U.S. government and some of its allies to handicap the company and limit or outright ban its equipment in networks. Federal authorities, regulators, and many politicians view Huawei as a threat to America’s national security and accuse the company of being beholden to the Chinese government.
Huawei CSO Calls US Campaign ‘Crazy’Andy Purdy, CSO of Huawei USA, described it as a “campaign to carpet bomb Huawei out of existence,” in an interview on CNBC following the company’s legal setback.
“Nearly 300 American companies want to sell to Huawei. We’re talking 40,000 jobs in the United States,” he said. “There’s no national security reason — it’s blocking the ability of us to export this technology that’s already cleared national security review. It’s crazy.”
Purdy admitted that Huawei needs to do more and called for the company to implement a more pronounced transparency initiative, including input from operators and other major equipment suppliers. “Invite us in to the experts, let’s talk about what it is we do to provide assurances in supply chain risk, integrated product development, and in fact our software engineering process. Let’s get the experts to hear this truth, the facts, let’s talk about where we are and where we need to go,” he said.
Similar efforts have resulted in better outcomes for Huawei, Purdy noted. In October, Germany’s government declined to ban Huawei or any vendors from participating in the buildout of 5G mobile networks.
Huawei’s Stature Takes a Hit in EuropeThe United Kingdom sought a middle ground, of sorts, allowing operators to use Huawei equipment to construct RAN but capped that usage at 35%.
However, because the U.K. government deems Huawei a “high risk vendor,” it is excluded from 5G core data functions, virtualization infrastructure, and much of the software that operators rely on to power their networks. The European Union recently declined to take a stance on the matter, placing national security concerns under the purview of its member nations.
“It’s not really about the company, it’s about the country, so China is the issue,” Purdy said on CNBC. “We can put in place measures where we can prove we’re not subject to any undue influence of the China government, now or in the future.”
He also argued that operators alone control their networks, including equipment and access. But Purdy’s approach seems to dance around the greater issue at hand, which is geopolitical in nature and driven by widespread distrust of the company and its motivations.
“We can put in place measures to prove we’re not accessing data. We can’t send data to China that we don’t have access to regardless of what the Chinese government may order us to do,” Purdy said.
Such assurances, thus far and particularly in the United States, have been met with skepticism.
Huawei Reveals Indoor 5G GearHuawei also today revealed a series of new indoor 5G radios designed to improve coverage in various environments. A new edition of the 5G LampSite Pro supports up to 200 MHz of New Radio bandwidth, according to Huawei.
It also announced 5G LampSite Sharing, which supports 400 MHz bandwidth on the 3.4 GHz and 3.8 GHz bands; LightSite, which is designed for lower traffic demands in office buildings and hotels; and LampSite Spartan, which is targeted to small offices, restaurants, and retail stores.
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