"As Wi-Fi becomes increasingly popular for connecting to the Internet, it is imperative that the Commission clarify the rules of the road for Wi-Fi network operators,"
It's clear. FCC Part 15 section 5: "(a) Persons operating intentional or unintentional radiators shall not be deemed to have any vested or recognizable right to continued use of any given frequency by virtue of prior registration or certification of equipment, or, for power line carrier systems, on the basis of prior notification of use pursuant to § 90.35(g) of this chapter.
(b) Operation of an intentional, unintentional, or incidental radiator is subject to the conditions that no harmful interference is caused and that interference must be accepted that may be caused by the operation of an authorized radio station, by another intentional or unintentional radiator, by industrial, scientific and medical (ISM) equipment, or by an incidental radiator.
(c) The operator of a radio frequency device shall be required to cease operating the device upon notification by a Commission representative that the device is causing harmful interference. Operation shall not resume until the condition causing the harmful interference has been corrected."
That is -- They are not permitted to produce harmful interference. (They are trying to claim forged deauth packets are not interference.) For Devil's Advocate purposes, let's pretend this argument is accepted. They still should not be permitted to do this, because the rest of Part 15 states that nobody (including Hilton or Marriott) has exclusive rights to this band, and that their equipment must accept interference from other devices on the band. Both of these alone are plenty good arguments that Hilton and Marriott are not permitted to try to kick everyone else off these bands.
I'd like to furthermore point out my computer is very well equipped with software; if you start deauthing me, I *will* detect this and will deauth you, and (if I can) I will crash your malfunctioning access points. I will also file an FCC complaint.