China Unicom (Americas) Opera v. FCC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHINA UNICOM (AMERICAS) No. 22-70029

OPERATIONS LIMITED,

Petitioner,

OPINION

v.

FEDERAL COMMUNICATIONS

COMMISSION; UNITED STATES

OF AMERICA,

Respondents.

On Petition for Review of an Order of the Federal Communications Commission

Argued and Submitted February 15, 2023 Honolulu, Hawaii

Filed December 24, 2024

Before: Carlos T. Bea, Daniel P. Collins, and Kenneth K. Lee, Circuit Judges.

Opinion by Judge Collins; Dissent by Judge Bea CHINA UNICOM (AMERICAS) OPS. V. FCC

SUMMARY *

Communications Act of 1934

The panel denied a petition for review brought by China Unicorn (Americas) Operations Limited (“CUA”) challenging the Federal Communications Commission’s (“FCC”) revocation of certificates authorizing CUA to provide domestic and international telecommunications services. In revoking the certificates, which were issued pursuant to § 214 of the Communications Act of 1934, the FCC found that CUA had failed to dispel the national security concerns arising from its ultimate Chinese government ownership and that CUA had demonstrated a lack of candor and trustworthiness…