Hilton Grand Vacations and a consumer are at odds over the Supreme Court's PDR Network decision last month (see 1906200055) and its relation to their own Telephone Consumer Protection Act fight before the 11th Circuit U.S. Court of Appeals. Hilton in a docket 18-14499 brief Monday (in Pacer) said PDR raises core questions about how much deference the 11th Circuit should give to FCC statements on TCPA and thus should allow rebriefing or supplemental briefing. Counsel for appellant Melanie Glasser said (in Pacer) last month PDR didn't overrule the appellate court's 2014 Mais TCPA decision and remains controlling precedent in the circuit. "PDR Network did not decide anything," it said, but instead remanded the case to another appellate court.

Hilton Grand Vacations and a consumer are at odds over the Supreme Court's PDR Network decision last month (see 1906200055) and its relation to their own Telephone Consumer Protection Act fight before the 11th Circuit U.S. Court of Appeals. Hilton in a docket 18-14499 brief Monday (in Pacer) said PDR raises core questions about how much deference the 11th Circuit should give to FCC statements on TCPA and thus should allow rebriefing or supplemental briefing. Counsel for appellant Melanie Glasser said (in Pacer) last month PDR didn't overrule the appellate court's 2014 Mais TCPA decision and remains controlling precedent in the circuit. "PDR Network did not decide anything," it said, but instead remanded the case to another appellate court.

Electric utilities asked the Federal Energy Regulatory Commission to use its influence to urge the FCC to go slow on opening the 6 GHz band for unlicensed use, which was controversial when the FCC took comment this year in docket 18-295 (see 1903180047). Utilities warned FERC of their concerns during a technical conference last week. Energy industry officials said this was the first time the regulator made communications a separate part of that conference. Wi-Fi advocates see the 6 GHz band as critical to meeting the growing demand for unlicensed spectrum (see 1906250015).

The draft kidvid order set for the FCC's July 10 meeting “largely dismisses” privacy concerns about YouTube and other online media platforms, said a letter posted Thursday in docket 18-202 from Campaign for a Commercial-Free Childhood, Common Sense Media, the Georgetown University Institute for Public Representation and the Center for Digital Democracy. An ongoing FTC investigation of YouTube for violations of the Children's Online Privacy Protection Act (see 1906190045) demonstrates that depending on online platforms for children's content raises privacy and safety concerns, the letter said. Other online sources of kidvid programming cited in the draft order -- such as Amazon -- recently announced they won't create more original children's programming, the letter said: "These developments demonstrate that the Commission should not relax the Children’s Television Rules, given the lack of suitable educational programming alternatives for children."

The draft kidvid order set for the FCC's July 10 meeting “largely dismisses” privacy concerns about YouTube and other online media platforms, said a letter posted Thursday in docket 18-202 from Campaign for a Commercial-Free Childhood, Common Sense Media, the Georgetown University Institute for Public Representation and the Center for Digital Democracy. An ongoing FTC investigation of YouTube for violations of the Children's Online Privacy Protection Act (see 1906190045) demonstrates that depending on online platforms for children's content raises privacy and safety concerns, the letter said. Other online sources of kidvid programming cited in the draft order -- such as Amazon -- recently announced they won't create more original children's programming, the letter said: "These developments demonstrate that the Commission should not relax the Children’s Television Rules, given the lack of suitable educational programming alternatives for children."

CTA declined comment Tuesday on legislation in the House and Senate and backed by the National Retail Federation that would boost congressional oversight of U.S. Trade Representative decisions to impose or hike import tariffs, including Section 301 duties of the type now in effect on $200 billion worth of Chinese goods. House Ways and Means Committee member Stephanie Murphy, D-Fla., introduced the measure (HR-3477) Tuesday as a companion to S-899 introduced in March by Sen. Tim Kaine, D-Va. “The time has come for Congress to reclaim its constitutional authority over trade,” said Murphy. “Imposing tariffs without a concrete strategy is harming American families, consumers, and businesses, and it’s undermining longstanding relationships with our allies.” Murphy is the lawmaker who confronted USTR Robert Lighthizer at a Ways and Means hearing in February with questions about a tech firm constituent she said had been “upended” by the List 3 tariffs (see 1902280010). Her legislation would require USTR to report to Congress on the goals and strategy behind proposed tariff actions, and Congress would be able to block the tariffs through a joint resolution of disapproval, subject to presidential veto. “We agree with the need to deliver fair and balanced trade deals, but taxing Americans isn’t the answer -- especially without a single vote from Congress,” said David French, NRF senior vice president-government relations. USTR didn't comment Wednesday. The proposed List 4 tariffs run afoul of the 1974 Trade Act, because neither sections 301 nor 307 "authorizes the additional $300 billion in List 4 tariffs," commented CTA last week (see 1906180038).

Congress should consider offering the tech industry a set of standards to ensure proper moderation practices for malicious content, House Homeland Security Chairman Bennie Thompson, D-Miss., told reporters after a hearing Wednesday. Democrats from the panel hammered witnesses from Facebook, Google and Twitter, saying industry isn't doing enough to remove content from bad actors like the Christchurch, New Zealand, mass shooter (see 1905150047). Republicans mostly focused criticism on First Amendment issues and claims of anti-conservative bias.

Texas cities soon plan to revise their lawsuit contesting the state’s 2017 small-cells law to additionally challenge a law signed June 14 related to local telecom fees, an attorney for the suit’s lead plaintiff told us this week. McAllen and the other cities take a risk combining the cases, said Ewell Brown's David Brown. Florida cities are deciding whether to amend their own lawsuit against that state’s small-cells law after Gov. Ron DeSantis (R) Tuesday signed a wireless bill tightening restrictions on cities.

Congress should consider offering the tech industry a set of standards to ensure proper moderation practices for malicious content, House Homeland Security Chairman Bennie Thompson, D-Miss., told reporters after a hearing Wednesday. Democrats from the panel hammered witnesses from Facebook, Google and Twitter, saying industry isn't doing enough to remove content from bad actors like the Christchurch, New Zealand, mass shooter (see 1905150047). Republicans mostly focused criticism on First Amendment issues and claims of anti-conservative bias.

A 4th U.S. Circuit Court of Appeals panel shot down a Dish Network motion (in Pacer, docket 18-1518) asking for a stay of a $61 million verdict mandate in Telephone Consumer Protection Act litigation (see 1905310003). Dish sought the stay while it files a petition for a Supreme Court hearing, and said without the stay, those payments "likely would be impossible to unwind" if SCOTUS grants review and reverses. Dish said the questions it plans to raise in its cert petition include whether people who suffer only bare statutory harm can be identified as class members and recover damages. The panel -- Circuit Judges Harvie Wilkinson and Robert King and U.S. District Judge Irene Berger -- denied the motion (see here, in Pacer) Monday without comment. Dish didn't comment Tuesday.