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(Pocket-lint) - Huawei has filed a lawsuit against the US Federal Communications Commission, according to The New York Times.

It's basically suing the FCC in response to the US agency's recent approval of an order that effectively bans US carriers from using Universal Service Fund subsidies to buy equipment from Huawei and ZTE. Keep in mind the US government considers both Huawei and ZTE to be a national security threat, although it has yet to provide evidence or an explanation as to why to the public. 

The New York Times claimed major US carriers no longer use Huawei telecom equipment, but there are smaller, rural carriers that still depend on Huawei. The FCC, however, is now forcing them to find a replacement, which will be more expensive for them. Meanwhile, the US Commerce Department has begun allowing some American suppliers to sell technology to Huawei.

It's unclear why US companies can continue to sell to Huawei but are restricted from buying its equipment. Huawei chief legal officer Song Liuping said FCC Chairman Ajit Pai hasn't even proven the company is a security threat. "This is a common trend in Washington these days," he explained. "The FCC's order violates the Constitution, and we have no choice but to seek legal remedy."

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Huawei filed a petition for review at the US Court of Appeals for the Fifth Circuit. It wants the court to overturn the FCC's ban, claiming it wasn't given due process protection. Song also noted carriers in rural America work with Huawei because they "respect" the integrity of its equipment.

Writing by Maggie Tillman.