FCC Bans New Equipment Sales of Hikvision, Dahua
The FCC ban applies to equipment sold by Hikvision, Dahua and other banned entities for “the purpose of public safety, security of government facilities, physical surveillance of critical infrastructure, and other national security purposes.”
UPDATE DECEMBER 1, 2:05 P.M. PACIFIC: Hytera responded to this article with a statement claiming the FCC report and order do not include Hytera Radios and the vast majority of Hytera’s products. Click here to read Hytera’s statement.
Washington, D.C. — The Federal Communications Commission (FCC) has adopted new rules prohibiting communications equipment deemed to pose an unacceptable risk to national security from being authorized for importation or sale in the U.S. Hikvision, Dahua, and Hytera are among the China-based companies cited in the ban.
The FCC calls this the latest step to protect the nation’s communications networks. In recent years, the FCC, Congress, and the Executive Branch have taken multiple actions to build a more secure and resilient supply chain for communications equipment and services within the U.S., according to the FCC’s announcement.
“The FCC is committed to protecting our national security by ensuring that untrustworthy communications equipment is not authorized for use within our borders, and we are continuing that work here,” says FCC Chairwoman Jessica Rosenworcel. “These new rules are an important part of our ongoing actions to protect the American people from national security threats involving telecommunications.”
The ban applies to future authorizations of equipment identified on the Covered List published by the FCC’s Public Safety and Homeland Security Bureau pursuant to the Secure and Trusted Communications Networks Act of 2019.
The new rules prohibit the authorization of equipment through the FCC’s Certification process, and makes clear that such equipment cannot be authorized under the Supplier’s Declaration of Conformity process or be imported or marketed under rules that allow exemption from an equipment authorization.
The Covered List (which lists both equipment and services) currently includes communications equipment produced by Huawei Technologies, ZTE Corp., Hytera Communications, Hangzhou Hikvision Digital Technology and Dahua Technology (and their subsidiaries and affiliates).
The new rules implement the directive in the Secure Equipment Act of 2021, signed into law by President Biden last November, that requires the FCC to adopt such rules.
The FCC also adopted a Further Notice of Proposed Rulemaking seeking further comment on additional revisions that should be made to the rules and procedures prohibiting the authorization of “covered” equipment. It also seeks further comment on potential revisions to the FCC’s competitive bidding program. The Commission is also seeking comment on future action related to existing authorizations.
The new rules follow a series of other FCC initiatives to keep U.S. networks secure. In addition to these latest actions and maintaining the Covered List, the FCC has prohibited the use of public funds to purchase covered equipment or services, launched the Secure and Trusted Communications Networks Reimbursement Program to remove insecure equipment that has already been installed in U.S. networks, revoked operating authorities for Chinese state-owned carriers based on recommendations from national security agencies, updated the process for approving submarine cable licenses to better address national security concerns, and launched inquiries on IoT security and internet outing security, among other actions.
In response to the ban, a Hikvision spokesperson told CS sister publication Security Sales & Integration, “As stated previously, Hikvision video security products present no security threat to the United States and there is no technical or legal justification for the Federal Communications Commission’s (FCC) decision to remove Hikvision’s future products from the equipment authorization process. This decision by the FCC will do nothing to protect U.S. national security, but will do a great deal to make it more harmful and more expensive for US small businesses, local authorities, school districts, and individual consumers to protect themselves, their homes, businesses and property. Hikvision USA will continue to serve its distributor partners and customers in full compliance with all applicable laws and regulations.”
Hikvision and Dahua also appear on a blacklist created by the U.S. Defense Department of organizations it says are backed by the Chinese military.
“Dahua is continuing to review the FCC’s order, but based on our current analysis we believe that the actions taken in the Order go far beyond the Commission’s statutory authority, and will do little or nothing to protect U.S. national security. However, the FCC’s Order does not affect products that are already authorized, and leaves open a path for Dahua to secure authorizations for additional products in the future, provided they are not marketed for public safety, government facilities, critical infrastructure, or national security purposes. Given that Dahua’s products are not currently marketed for those purposes and have not been for several years, we are reasonably confident that this Order will allow us to continue to serve most of our US customers for years to come,” Dahua commented to SSI.
You can view the official order here.
Ed. note: This article was updated 11/29/22 to add Dahua’s statement.
This article originally appeared in CS’ sister publication, Security Sales & Integration.
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Hytera’s Response: https://www.hytera.us/news/fcc-rules-do-not-include-hytera-radios
FCC Rules Do Not Include Hytera Radios
In the Report and Order in the Covered List Equipment Proceeding (the “Report and Order”), the Commission rejected arguments that the Covered List reaches all equipment produced by any of the named entities. Instead, the Commission set a bright line ruling broadband capable equipment as Covered and equipment that cannot transmit or receive at 200 kbps or above is categorically not Covered Equipment. The Report and Order makes it clear that the vast majority of Hytera’s product offering is not Covered equipment.
Hytera US is pleased that even its high-end broadband capable equipment will be eligible for conditional approval and marketing in the US under the Order’s clarified guidelines.
The Report and Order has brought much needed clarity to the marketplace regarding the scope of the Secure and Trusted Communications Networks Act of 2019 (“SNA”). The Commission’s actions promote robust competition while protecting the US telecommunications infrastructure from equipment that may pose a national security concern.
Hytera US will continue its active engagement with the FCC to request further necessary clarification and ensure product compliance in the US market. Hytera US remains committed to serving customers and supporting dealers in the U.S. with the leading, FCC-certified Land Mobile Radios (“LMR”) and other products.
The FCC clarified the equipment excluded from the Covered List in the REPORT AND ORDER, ORDER, AND FURTHER NOTICE OF PROPOSED RULEMAKING, which clearly defines radios sold by Hytera US Inc. as not included in the Covered List —
“Further, taking into consideration the definition of “advanced communications service” under section 1.50001(a), this would encompass any equipment that can be used in such a fixed or mobile broadband network to enable users to originate and receive high quality voice, data, graphics, and video telecommunications using technology with connection speeds of at least 200 kbps in either direction. By taking this broad approach we bring within the scope of our prohibition a wide range of communications equipment that are used within broadband networks. Our goal in adopting this definition is to provide clear guidance that promotes regulatory compliance and administrability, as well as regulatory certainty.”