5G: the Constitutional Council validates the "anti-Huawei" law

The Constitutional Council validated on Friday the "anti-Huawei" legislative measures, contested by the French telecom operators SFR and Bouygues Telecom, aimed at preserving "the interests of defense and national security", in particular in the context of operation 5G mobile networks.

The Constitutional Council judges that the legislator "understood, with the aim of preserving the interests of defense and national security, to protect mobile radio networks from the risks of espionage, piracy and sabotage which may result from the new functions offered. by the fifth generation of mobile communication ".

Strong restrictions on Huawei

"In doing so, these provisions implement the constitutional requirements inherent in the protection of the fundamental interests of the Nation", added the Constitutional Council in its press release.

SFR and Bouygues Telecom, the two French operators who have half built their mobile network with Huawei, had filed priority questions of constitutionality (QPC) in the face of the prejudice related to the severe restrictions imposed on the Chinese equipment manufacturer on the 5G market.

No compensation?

France has not explicitly banned Huawei hardware for the deployment of the future mobile network, but the National Agency for Computer Security (Anssi) severely restricted operating licenses at the end of August, in accordance with the provisions of the law of August 1, 2019.

Bouygues Telecom thus explained that it would have to remove 3,000 Huawei antennas by 2028 in areas with very high population density, and that it was prohibited from using Huawei antennas for 5G in Strasbourg, Brest, Toulouse and Rennes. .

But the government said in early September that it was not expected "that there will be compensation" paid to operators "for decisions that have been taken" about Huawei, unlike other countries.