December 12, 2022
Dear Partners and Customers,
Much has been discussed over the last few weeks regarding the newly adopted Order and Report of the U.S. Federal Communications Commission (FCC) and its impacts on Hytera’s business operations and continued development in Canada in some recent news articles.
Being aware of misinterpretations of the FCC Order and Rules as well as the misleading and inaccurate information regarding its products and technology in the news coverage, Hytera Canada finds it necessary to make some clarifications to our partners and customers. Hytera’s response is not a matter of company position or opinion. It is a matter of fact based on the letter of the law.
To be clear, the FCC has not banned Hytera products to import or sell in the US. Instead, the latest FCC Report and Order in the Covered List Equipment Proceeding (the “Report and Order”) released on November 25, 2022, set a bright-line ruling of “Covered Equipment” and made it clear that the vast majority of Hytera’s product offering in the U.S. is not “Covered Equipment”. Hytera’s broadband-capable equipment, even if certain of that might meet the definition of “Covered Equipment”, will be eligible for equipment authorizations that allow Hytera to continue to sell in the US according to the FCC Rules and further guidance. Nevertheless, FCC orders and Rules are US domestic administrative orders and regulations that shall not be applicable extraterritorially to restrict Hytera Canada to sell products or provide services in the territory of Canada.
Hytera products and operations do not threaten the national security of any country, including Canada. Hytera Canada strictly abides by Canadian laws and regulations, imports, sells and provides two-way radio related products and services to our customers in accordance with formal procedures. Hytera Canada has been providing communication equipment to customers via our dealers and partners. Our customers own and operate these private systems themselves and Hytera does not and cannot access the customers’ private systems unless access is granted by the end user for technical support reasons.
It is disturbing that certain Canadian media not only misinterpreted the FCC Order and Rules but also directly applied such foreign laws and regulations to the domestic business activities of a company duly incorporated and operating under the laws of Canada. Indeed, such blatant inaccuracies regarding Hytera products’ security concerns misstated in the news outlets can easily be discounted when a technical or knowledgeable radio user was to investigate or run an analysis for any vulnerabilities. We have faith that our customers are competent, to tell the truth from fiction.
Hytera has been in operation for 30 years and is a globally recognized company that distributes its products worldwide. As always, Hytera takes the interest of our customers as our top priority, and we at Hytera Canada remain committed to serving customers and supporting dealers in Canada with the leading Land Mobile Radios (“LMR”) and other products. Hytera Canada has been prepared to protect our interest and position in the free market in Canada in the spirit of the law.
If you have any additional questions or concerns, please contact your RSM.
Thank you again for your loyalty and support.
12 December 2022