Bouygues Telecom and SFR * ‘s request to the Council of State to have “the anti-Huawei decree” annulled was rejected this Thursday, April 8. The two operators contested the legality of the text and invoked the motive of “excess of power”. This is not the opinion of the Council of State. The decree had also already been validated by the Constitutional Council last February. This last step ends a legal battle lasting several months against this text which is now ratified.
The fear of potential espionage
The decree subjects all mobile operators to a prior authorization request before installing 5G antennas. It also allows ANSSI to refuse the presence of equipment from certain equipment manufacturers depending on the site. Without naming it explicitly, it is Huawei that is targeted and penalized by these provisions for fear of a potential spying on our communications by China.
Bouygues Telecom and SFR, which are Huawei’s two mobile customers in France, had to give up installing certain 5G antennas from the Chinese manufacturer. They have also started to uninstall radio equipment from previous generations of the same brand, because it is not interoperable with those of other equipment manufacturers.
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But for the Council of State, the decree establishes a “Reasonable relationship of proportionality between the infringement of the property rights of telephone operators and the general interest”. However, recognizing an infringement of the right to property, the institution opens the door to a principle of compensation that the two operators could claim from the administrative court.
* The Indian Paper.com is published by a subsidiary of NextRadioTV, itself owned by SFR Médias