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HUAWEI TECHNOLOGIES USA v. FEDERAL COMMUNICATIONS

No. 19-60896.

2 F.4th 421 (2021)

HUAWEI TECHNOLOGIES USA, INCORPORATED; Huawei Technologies Company, Limited, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED June 18, 2021.

Attorney(s) appearing for the Case

Michael A. Carvin , Glen D. Nager , Jones Day, Washington, DC, for Petitioners.

Matthew Joel Dunne , Counsel, Ashley Boizelle , Deputy General Counsel, Jacob Matthew Lewis , Associate General Counsel, Federal Communications Commission, Office of General Counsel, Merrick Garland , U.S. Attorney General, Attorney General, U.S. Department of Justice, Scott M. Noveck , Counsel, Richard Kiser Welch, Esq. , Deputy Associate General Counsel, Federal Communications Commission, Office of General Counsel — Litigation Division, Washington, DC, for Respondent Federal Communications Commission.

Dennis Fan , Sharon Swingle , U.S. Department of Justice, Civil Division, Appellate Section, Merrick Garland , U.S. Attorney General, Attorney General, U.S. Department of Justice, Washington, DC, for Respondent United States of America.

Before Elrod, Duncan, and Wilson, Circuit Judges.

An FCC rule bars using government subsidies to buy equipment from companies designated security risks to communications networks. See Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs, 85 Fed. Reg. 230-01 (Jan. 3, 2020). We consider a challenge to that rule...

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