The U.S. Chamber of Commerce said businesses "must be able to challenge the reach and basis" of agency orders "used in litigation to purportedly subject them to enormous damages," including FCC Telephone Consumer Protection Act regulations. "TCPA lawsuits are a cottage industry and a scourge on legitimate businesses ... who have little warning that reasonable communicative activities may generate crushing litigation," said the Chamber's Supreme Court amicus brief Tuesday backing neither side in PDR Network v. Carlton & Harris Chiropractic, No. 17-1705. "The Court should ensure that its disposition of this case does not undermine the regulatory certainty and national uniformity promoted by the Hobbs Act, while also protecting private businesses’ due process rights to defend against unwarranted liability inflicted by the FCC’s prior interpretations of the TCPA." PDR argued a 4th U.S. Circuit Court of Appeals Hobbes Act ruling in its fax case stripped a district court of jurisdiction to review an FCC "unsolicited advertisement" decision (see 1901090045). The Supreme Court hasn't validated the argument that federal courts are "statutorily bound" by an agency statutory interpretation that's "unambiguously unlawful," said Oklahoma, Texas and other states backing petitioners. "Yet that is what Respondent argues and what the court below held." That "creates a Hobson’s choice: either monitor the Federal Register and challenge every guidance document within 60 days of promulgation, or forever waive any statutory or constitutional defense to private suits," they wrote, suggesting: "U.S. Courts of Appeals have exclusive jurisdiction over direct challenges to final orders that have the force of law, but defendants in private suits always retain the ability to raise constitutional or statutory defenses -- even if they conflict with how federal agencies have interpreted the relevant statutes."

The U.S. needs federal privacy legislation, said National Economic Council Special Assistant to the President Gail Slater Wednesday. “We can either define what it is we want at the federal level or have it be defined” by states, she told a Technology Policy Institute event. Federal privacy movement begins with Congress, and the administration is ready to “work constructively,” she said. NTIA’s privacy effort (see 1811130058) is on hold because of the partial government shutdown, she noted.

The U.S. needs federal privacy legislation, said National Economic Council Special Assistant to the President Gail Slater Wednesday. “We can either define what it is we want at the federal level or have it be defined” by states, she told a Technology Policy Institute event. Federal privacy movement begins with Congress, and the administration is ready to “work constructively,” she said. NTIA’s privacy effort (see 1811130058) is on hold because of the partial government shutdown, she noted.

President Donald Trump needs "the tools to make sure we're not robbed any more," said Rep. Sean Duffy, R-Wis., so he told host Lou Dobbs on the Fox Business Network that he'll introduce The Reciprocal Trade Act on Jan. 17. Duffy said the way international trade works now is "absolutely unfair," and the president needs more leeway to raise U.S. tariffs to foreign levels. He gave the example of the 10 percent tariff in Europe on imported cars and a 68 percent tariff there on butter. He said the U.S. has a 3.8 percent tariff on butter. Senate Finance Committee Chairman Chuck Grassley, R-Iowa, has already said that such a bill is dead on arrival in his chamber (see 1901090041). "We ain't going to give him any greater authority," he said a week ago. "We've already delegated too much." Duffy complained to Dobbs that the U.S. Chamber of Commerce is trying "to sandbag this movement."

A $495,000 settlement with NBC/Telemundo-owned stations over years-old, repeated violations of the FCC children’s TV rules doesn’t make clear the exact extent of the transgressions and may be a prelude to expected action to relax kidvid rules, said broadcast and children’s advocacy attorneys in interviews Wednesday. The consent decree and license renewal order were released early afternoon on New Year’s Eve -- the same day it was adopted, said a spokesperson. The item was also in Wednesday's Daily Digest.

Democrats' capture of control of the House hasn't made the potential outcome of the looming Satellite Television Extension and Localism Act reauthorization debate any easier to predict, lawmakers and lobbyists said in interviews. Media policy stakeholders said before the election that uncertainty about which party would have the House majority in the 116th Congress made it harder to forecast the direction of recertification discussions (see 1804030061 and 1810230051). STELA is expected to be a top 2019 telecom policy priority for the House and Senate Commerce committees (see 1812060050). The Judiciary committees also are expected to play an active role in deciding whether and how to reauthorize the law.

The FCC should revise must-vote rules, limit participation of bureau staff in advisory committees, allow commissioners to offer amendments during open meetings, establish mandatory sunsets for rules and change many other procedures, Commissioner Mike O’Rielly blogged Thursday listing 61 proposed revisions. “It's now time to publicly release these medium, small, and tiny, mostly non-mutually exclusive ideas, and have each produce feedback on its merits or pitfalls,” O’Rielly said in a brief introductory paragraph to his proposed list, which doesn’t offer detailed explanation of proposals. Though he lists a six items as partially implemented. An aide told us there’s no “concrete timeline” for enacting any of them though they have been raised with the office of Chairman Ajit Pai.

Cities sought court stay of the FCC September wireless infrastructure order, and the commission and wireless carriers opposed San Jose’s motion to transfer appeal of the order to the 9th U.S. Circuit Court of Appeals. “Action is urgently required on this Motion, as the Order will be effective in part on January 14, 2019,” San Jose and other cities said Monday (in Pacer). “The Order dramatically changes the status quo that the Commission concedes works well in many places,” violates the Communications Act and “raises significant constitutional issues,” cities said. “A stay will allow deployment to proceed while avoiding significant delays and irreversible harms that would result from nationwide regulatory whiplash as the Order takes effect in stages and potentially changes after judicial review.” A judicial lottery selected the 10th Circuit for industry and local-government challenges, but San Jose sought transfer to the 9th (see 1811300034). “San Jose misreads federal law as requiring transfer to the Ninth Circuit after the Judicial Panel randomly assigned all six qualifying petitions, filed in four different circuits, to this Circuit,” the FCC said in opposition posted Tuesday. The agency disagreed with cities’ argument courts should treat an August infrastructure order -- under appeal in the 9th -- as the first part of the same order. They "are separate standalone orders that were adopted by separate votes on separate documents at separate times based on differing records (with over 700 additional record submissions for the September Order), and the two orders each address separate and discrete subjects,” the FCC said. They are different, CTIA agreed (in Pacer). Cities’ “suggestion that this Court is somehow ill-suited to resolve the relevant legal issues or is not as well situated to consider this case as the Ninth Circuit, is legally unsupported and a transparent attempt at forum shopping. Moreover, because serious jurisdictional questions cloud the petition pending in the Ninth Circuit for review of the August Order, transfer of this case to that court would be particularly inappropriate.” Transfer got support (in Pacer) of Seattle and other municipalities that challenged the FCC order separately from the San Jose group.

A second hold placed last week on Senate confirmation of FCC Commissioner Brendan Carr to a full five-year term has at least considerably hindered the prospects for the chamber to approve him and Democratic FCC nominee Geoffrey Starks this year, lawmakers and lobbyists said in interviews. Sen. Joe Manchin, D-W.Va., placed a hold on Carr because of the FCC's decision to suspend the window for responding to Mobility Fund Phase II challenges (see 1812140047). Sen. Dan Sullivan, R-Alaska, placed an ongoing hold on Carr earlier this year over concerns about FCC handling of the USF Rural Health Care Program (see 1809130059). Senate leaders intend to move the nominees as a pair.

A second hold placed last week on Senate confirmation of FCC Commissioner Brendan Carr to a full five-year term has at least considerably hindered the prospects for the chamber to approve him and Democratic FCC nominee Geoffrey Starks this year, lawmakers and lobbyists said in interviews. Sen. Joe Manchin, D-W.Va., placed a hold on Carr because of the FCC's decision to suspend the window for responding to Mobility Fund Phase II challenges (see 1812140047). Sen. Dan Sullivan, R-Alaska, placed an ongoing hold on Carr earlier this year over concerns about FCC handling of the USF Rural Health Care Program (see 1809130059). Senate leaders intend to move the nominees as a pair.