Last Friday, January 15, the FCC filed its brief in the closely watched case challenging the FCC’s July 2015 Declaratory Ruling and Order. In addition to the FCC’s various arguments trying to justify how what the FCC did was really legal and intelligible, several interesting arguments in the FCC’s brief include:

• The FCC’s July ruling didn’t reopen any issues settled in prior orders, so only the issues not addressed in previous rulings are properly before the court. See Respondent’s “Jurisdictional Statement” on page 8.
• The FCC’s interpretations under the TCPA have been ratified by congress through subsequent amendments to the statute. See Brief at page 25.
• Any device that can call a stored list of telephone numbers has the capacity to call random or sequential numbers, simply by using a list of random or sequential numbers as the calling list. See Brief at page 38.