Motorola Says FCC Acted Reasonably in Clamping Down on Hikvision, Dahua Gear

Motorola Solutions this week defended an FCC order last year clamping down on gear from Chinese companies, preventing the sale of yet-to-be authorized equipment in the U.S. (see 2211230065), against legal challenges brought by Dahua USA and Hikvision USA. The case is before U.S. Court of Appeals for the D.C. Circuit (docket 23-1032), and the government defended the order last week (see 2308010047). “Congress” and the FCC “placed Petitioners' video-surveillance equipment that meets certain criteria on the Covered List for one simple reason -- it endangers national security,” Motorola said in a Monday filing: “In a series of statutes and orders, the federal government has with one voice determined that this equipment should not connect with government networks, should not be subsidized with federal dollars, and -- in the Order under review -- should not be authorized for use in connection with American broadband networks.” The case “does not require this Court to guess at Congress's intent or speculate on the scope of the Commission's authority,” the company said. In approving the Secure Equipment Act, Congress “ratified and endorsed the very FCC actions Petitioners challenge, including the placement of their equipment on the Covered List.” Motorola also said the challenge was untimely and should be rejected as such, since the case falls under the Hobbs Act, which carries a 60-day limitations period on filing an appeal. “The arguments advanced in Argument Sections I and II of Petitioners' brief are barred because they challenge the 2020 order that included their video equipment on the Covered List,” the company said. The FCC also reasonably interpreted the 2019 Secure Networks Act, Motorola said: “The FCC reasonably determined that ‘communications equipment or service’ encompasses ‘all equipment or services used in fixed and mobile broadband networks, provided they include or use electronic components.’ … As the FCC observes, ‘[P]etitioners' video cameras and recorders are ... essential to ... the transmission of video information over the internet for video surveillance.’" The lead lawyer on the amicus brief is Wiley’s Thomas Johnson, former FCC general counsel.