KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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More on Chinese manufactured cameras
November 18, 2021
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More on Chinese manufactured cameras from article on November 8, 2021
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Ken
Thought you may be interested in this as its a hot topic both in the industry, and on your blog
Yours
Alan Itchkow
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Dear Valued Partner:
As anticipated in our latest communication, President Biden has now signed the Secure Equipment Act into law. Below we offer a recap of what we believe this means for the marketplace.
As you know, earlier this year the FCC began a process to consider a rule which would preclude the granting of authorizations for applications submitted by companies that are on the Covered List, including Dahua.
The law essentially directs the FCC to enact part but not all of the ideas considered in the proposed rule-making process.
Specifically, the law directs the FCC to adopt a rule that would prevent companies on the Covered List from securing authorizations for future applications. But the law also dictates that the FCC may not revoke authorizations that had previously been issued, which was an idea the FCC was considering in its rule-making process.
In our view, the following points are relevant and important:
The law ensures that our existing products on the market will retain their authorization. All Dahua distributors and customers will be able to rely upon the existing authorizations that their products already have in place.
The FCC has one year from the date the bill is signed to adopt final rules on future authorizations. It is possible that the FCC may, in the interim, issue a public notice seeking comments on how the bill impacts its proposed rule-making process (as it has done on occasion in the past), which could delay the timeline.
At any point in that process, the law would be subject to legal challenge. Notably, Dahua’s comments to the FCC as well as other comments raise substantive questions about the constitutionality of denying a business the right to secure an FCC authorization without any due process or evidentiary proceeding. Should such a challenge take place, it could be additional months or years before the issue is resolved by the courts.
Congress appears to be intent on holding the FCC to a timeline for action, while at the same time signaling concern about indiscriminate and over-broad use of the authorization process. We believe the FCC may thus narrow the scope of its actions and consider a much more targeted approach, which is consistent with what many of the comments received during the prior comment period have pointed to.
We understand that these various regulatory and legislative processes are complex and even disconcerting. We are grateful to all of our distributors and other business partners who have remained focused on serving customers and contributing to safer, more secure communities.
We will continue to update you as events warrant and would be happy to answer any questions you may have.
Sincerely,
Dahua Technology USA Inc.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com
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