FEDERAL COMMUNICATIONS COMMISSION OFFICE OF GENERAL COUNSEL memorandum TO: The Commission FROM: Jacob Lewis Associate General Counsel SUBJECT: Briefs and Arguments Scheduled for July and August 2021 DATE: July 1, 2021 BRIEFS AND OTHER COURT PLEADINGS SCHEDULED TO BE FILED August 2, 2021 Kenneth Moser v. FCC, No. 21-70099 (9th Cir.). Petitioner challenges Forfeiture Order, Kenneth Moser dba Marketing Support Systems, 35 FCC Rcd 13415 (2020), in which the Commission fined him for unlawfully “spoofing” robocalls—i.e., sending pre-recorded calls that use manipulated or altered caller identification information to display something other than the originating telephone number. August 23, 2021 Children’s Health Defense, et al. v. FCC, No. 21-1075 (D.C. Cir.). The petitioners challenge In the Matter of Updating the Commission’s Rule for Over-the-Air Reception Devices, 36 FCC Rcd 537 (2021). They state the “OTARD” rule change adopted in that order violates the Constitution and upends long-standing common law personal and property rights, including rights to bodily autonomy and rights to exclude wireless radiation emitted by third parties from their homes. August 30, 2021 Vincent Lucas v. FCC, No. 21-1099 (D.C. Cir.). Pro se challenge to a Commission order, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, 35 FCC Rcd 15188 (2020), that continued the exemption from the TCPA’s telemarketing restrictions for commercial calls that do not contain advertising or solicit the purchase of goods or services.