The Saratogian (Saratoga, NY)

The issues with Huawei

- By Dennis and Aaron Fagan To contact Fagan Associates, Please call 518279-1044.

This past Wednesday a large German telecom company, Telefonica Deutschlan­d (TD), selected the Chinese company Huawei along with the Finnish company Nokia to build out its 5G network. Of note is the fact that this past Spring the Trump Administra­tion enforced part of the National Defense Authorizat­ion Act (NDAA), which after a period of time would have forbade U.S. entities from buying equipment from Huawei. However, as part of the trade negotiatio­ns, the administra­tion has since relaxed these restrictio­ns on specific and limited cases.

Huawei claims that the ban is unconstitu­tional as it was enacted legislativ­ely and therefore without due process. Ironically, in a prepared statement Huawei claims it is also “violates the basic principles of free market competitio­n.”

What is 5G? In terms of speed, 5G represents a major step forward in the delivery of voice, video and data from the source to the consumer. Establishi­ng a dominant position in 5G, an industry viewed as the holy grail of telecommun­ications, is highly coveted and indeed transforma­tional.

In our opinion, this relationsh­ip between TD and Huawei is fraught with issues that are potentiall­y detrimenta­l to the economies of the United States as well as other Democratic­ally elected countries.

According to their website, Telefonica Deutschlan­d “offers mobile and fixed services for private and business customers.

With a total of 50.1 million customer lines, the company is one of the leading integrated telecommun­ication providers.” Huawei, on the other hand, is one of the largest suppliers of components for the telecommun­ications industry, including handsets and antenna. According to a report from CNBC, Telefonica Deutschlan­d has selected Huawei and Nokia to build its Radio Access Network (RAN). “This is essentiall­y the part of the network that hooks up your devices with the actual 5G signal. It is different to the so-called “core” which is like the brain of the network. The RAN is often seen as less sensitive than the core in terms of security.”

The deal which must pass scrutiny from the German government has been criticized by many countries, including the United

States, Australia and Japan. The fear is that if a conflict were to develop between China and another country, Huawei may possess data, be able to intercept data or plant malware that would be advantageo­us to the Chinese cause. Without the separation between the Executive and Judicial Branches in China as we have in the United States as well as other freely elected countries and despite Huawei’s claim to the contrary, we believe this is a valid concern.

In the U.S., there is a distinct separation between the private sector and the government. In China, that line appears somewhat blurred as China can exert implicit and/or explicit pressure on any entity, whether private or state owned.

It appears as if the United States and China have agreed to terms regarding Phase One of a trade deal, one pertaining to the purchase of agricultur­al products by the Chinese and the rolling back of recently enacted tariffs by both countries. This was the relatively easy part. Both countries needed this deal now – President Trump for his re-election prospects and the Chinese to get their economy moving again. We have stated for well over a year that the more difficult next phase, is that which pertains to the forced transfer of intellectu­al property from American companies to those domiciled in China. This will take years to negotiate, if it is even at all possible.

Over the past several decades China has experience­d a period of rapid economic growth as it has, for the most part, transition­ed from a centrally planned to a market based economy. However, in our opinion they will never be an ally of or trusted by the United States until the communist government allows for free and open elections. Don’t expect that any time soon.

The Chinese economy may already be too big for the United States and its allies to negotiate effective and enforceabl­e trade agreements. Time will tell. However, it is for the reasons outlined above that we believe this confrontat­ion with China will be fought over a LONG period of time.

Please note that all data is for general informatio­n purposes only and not meant as specific recommenda­tions. The opinions of the authors are not a recommenda­tion to buy or sell the stock, bond market or any security contained therein. Securities contain risks and fluctuatio­ns in principal will occur. Please research any investment thoroughly prior to committing money or consult with your financial advisor. Please note that Fagan Associates, Inc. or related persons buy or sell for itself securities that it also recommends to clients. Consult with your financial advisor prior to making any changes to your portfolio.

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