The D.C. Circuit Court of Appeals has denied in part, and granted in part, Petitions for Review filed by Hikvision USA, Inc. and Dahua Technology USA Inc. challenging the FCC’s Order adding the companies’ video surveillance and telecommunications equipment to the FCC’s Covered List, barring such equipment from marketing or sale within the U.S. While the D.C. Circuit agreed with the FCC that such equipment should be placed on the Covered List, it determined that the FCC’s definition of “critical infrastructure” was overly broad and arbitrary.
The D.C. Circuit remanded the Order back to the FCC to comport its “critical infrastructure” definition more closely with the statutory text of the National Defense Authorization Act for Fiscal Year 2019.
