Huawei Sues the Spanish Government Over 5G Regulations
Spain's New Rules Call Critical Network Components 'High Risk'
Overt Operator
October 11, 2023
Huawei Technologies, the Chinese telecommunications giant, has filed a legal appeal against recent regulations introduced by the Spanish government, Gizmo China reported.
These regulations could potentially exclude Huawei from receiving state aid in the development of 5G networks. The Spanish government had committed over €500 million ($527 million) to enhance rural 5G infrastructure, but the regulations specify that suppliers deemed "high risk" would be barred from this aid.
Huawei's Spanish unit wasted no time in filing an administrative appeal, strongly arguing that the exclusion of certain suppliers contradicts legal standards, is disproportionate, and appears to be driven by political motives. The company believes that these regulations impede operators' freedom to choose suppliers based on objective criteria encompassing commercial, technical, and security requirements.
The rules state that critical components of 5G networks, such as equipment, components, and associated software, should not be sourced from suppliers labeled as "high risk" by Spain.
Furthermore, operators who have already deployed 5G technology might face equipment replacement if their supplier falls under the high-risk category. However, the Economy Ministry, responsible for formulating these rules, has yet to finalize the list of banned suppliers, leaving the telecom industry in suspense.
While Huawei's legal challenge unfolds in Spain, the European Commission continues to exert pressure on member states to phase out Huawei and ZTE Corp. equipment from their advanced mobile networks. Citing security concerns, the European Union has prohibited the use of these vendors' equipment in its internal systems, leading to increased scrutiny on countries heavily reliant on Chinese equipment, including Germany.
The move by the Spanish government to potentially exclude Huawei from 5G aid is part of a global trend of governments reevaluating their reliance on Chinese telecommunications equipment due to security concerns. The United States, Australia, and several other countries have already banned or restricted Huawei's involvement in their respective 5G networks.
As the world races to develop and deploy 5G networks, security concerns have taken center stage. The fear is that Chinese companies, such as Huawei, could be coerced by the Chinese government to compromise the security of these networks. Huawei has consistently denied these allegations and has implemented rigorous security measures to address the concerns raised by various governments.
The outcome of Huawei's legal appeal in Spain will have significant implications for the company's operations in the country and its ability to participate in the development of 5G infrastructure. It remains to be seen whether the Spanish government will revise its regulations in light of the legal challenge or if Huawei will face further hurdles in its quest to be a major player in the global 5G market.
In the meantime, the telecom industry awaits the finalization of the list of banned suppliers by the Spanish Economy Ministry. The fate of Huawei and other suppliers deemed "high risk" hangs in the balance as Spain navigates the complex landscape of 5G development and security concerns.