The Professional Association for Customer Engagement supports Porch.com’s Oct. 26 petition for panel rehearing and petition for rehearing en banc of the 9th U.S. Circuit Court of Appeals Oct. 12 opinion reversing the U.S. District Court for Idaho dismissal of a Telephone Consumer Protection Act suit, said the trade group's proposed amicus brief Monday (docket 20-35962).

In the Nov. 9 Customs Bulletin (Vol. 56, No. 44), CBP published a proposal to revoke rulings on wireless headphone sets.

The Court of International Trade should give the National Oceanic and Atmospheric Administration a voluntary remand in a case seeking a Marine Mammal Protection Act ban on imports of fish and fishery products from New Zealand caught using techniques that allegedly have caused the near extinction of the Maui dolphin, the U.S. argued in a Nov. 8 motion. The voluntary remand would let the NOAA "amend the current comparability findings for certain New Zealand fisheries whose expiration dates conform with the deadlines set forth for other comparability findings to be issued under the Marine Mammal Protection Act and 50 C.F.R. § 216.24(h)," the government said (Sea Shepherd New Zealand v. United States, CIT #20-00112).

Arguments from plaintiffs in the massive Section 301 litigation against the Office of the U.S. Trade Representative's remand submission at the Court of International Trade lack merit and reveal a "misunderstanding of judicial remands," the U.S. argued in a Nov. 4 brief defending the remand results. The plaintiffs said that USTR cannot take another look at the record to defend its tariff action under Section 301 from public comments and can only "parrot existing statements" on the record. The government said that this view is not compatible with a key Supreme Court precedent, and that under this interpretation, no agency would be able to stand by its decision in fixing a failure to respond to public comments (In Re Section 301 Cases, CIT #21-00052).

Communications sector officials and lobbyists believe the outcome of the Tuesday midterm election could affect a range of telecom policy priorities, including whether the Senate confirms FCC nominee Gigi Sohn this year, or any other commission Democrats, during the remainder of President Joe Biden’s term. Election results may affect future federal broadband funding initiatives and the direction of a proposed spectrum pipeline in the years ahead, observers told us. Election prognosticators see only a handful of incumbents on the Senate and House Commerce and Judiciary committees facing tight reelection battles despite volatile polling results in recent weeks.

The Supreme Court can restore due process and eliminate “kangaroo court” proceedings the FTC relies on in its antitrust and consumer protection cases, opponents of the agency argued last week ahead of Monday’s oral argument in Axon v. FTC (docket 20-15662).

Canada this week ordered three Chinese companies to divest themselves from Canadian businesses operating in its critical minerals sector, saying the foreign investments raised national security concerns and threaten the country’s critical mineral supply chains. Canada ordered Sinomine Rare Metals Resources to divest itself from Power Metals; Chengze Lithium International to divest itself from Lithium Chile; and Zangge Mining Investment to divest itself from Ultra Lithium.

Speakers at a Utilities Technology Council virtual event Thursday issued a warning about the risks still posed by unlicensed use of the 6 GHz band and said utilities may have to take other steps to protect critical communications. The FCC, meanwhile, conditionally authorized 13 automated frequency coordination providers to operate in the band. Industry officials said last month the FCC appeared close to taking the next steps on AFC (see 2210170075).

The Infrastructure Investment and Jobs Act’s funding to expand access to broadband may have a “very big” net economic impact because “the broadband is missing in areas that aren’t going to add a lot of economic value,” said Technology Policy Institute President Scott Wallsten during a Georgetown University Center for Business and Public Policy webinar Tuesday. It’s still “worthwhile” because it’s “an equity issue,” Wallsten said, and there are “still lots of areas in the country that don’t have access or have subpar access to broadband.” Wallsten said the funding “may have positive local economic effects,” such as helping small towns attract businesses and residents,” but he raised concerns about there being “too many objectives” beyond “providing the most broadband we can for the amount of money that we have.” There also hasn’t been enough focus on program evaluation, he said: “That’s kind of being ignored and I’m worried about that.” Wallsten also raised concerns about the FCC’s broadband maps and the challenge process underway for the broadband serviceable location fabric: “It’s really unclear what’s going on with the map right now.”

Whether Oklahoma should cap its state USF surcharge divided Corporation Commission members at a livestreamed meeting Tuesday. Commissioners weighed a draft bill, distributed last week, to update Oklahoma USF (OUSF) policy in the 1997 Oklahoma Telecommunications Act. A commission rulemaking might be a better option than legislation to strengthen OUSF accountability, said Commissioner Todd Hiett (R).