Hikvision Tells FCC: Lift Ban or We're Back in Court
Lift the 2022 freeze on our equipment authorization account, or we will seek relief before the U.S. Court of Appeals for the D.C. Circuit, Hikvision told the FCC in an emergency request (docket 21-232) posted Tuesday. The FCC didn't comment.…
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Hikvision said the freeze is causing "irreparable harm" because it can't submit applications for commission certification for any product, and thus can't offer updated products in the U.S. market. Hikvision said the indefinite, overly wide freeze violates the Secure Equipment Act’s directive to the FCC to prohibit authorization of “covered" devices, preventing applications even for non-telecom and non-video-surveillance equipment. Hikvision sued the FCC previously over the 2022 order, with the D.C. Circuit earlier this year rejecting Hikvision's arguments that its video cameras and surveillance equipment shouldn't be on the FCC covered list of unsecured gear, but agreeing that the agency's definition of critical infrastructure is too broad (see 2404020068). In its emergency request, Hikvision said the ban conflicts with the D.C. Circuit's decision, as the court put the onus on the FCC to provide a lawful justification before reimposing a ban. "Instead, the Commission has proceeded as if the D.C. Circuit’s ruling never happened, which violates the Court’s mandate," Hikvision said.