FCC Indicates It May Clarify Definition Of Automatic Telephone Dialing System Under TCPA

The FCC issued a Public Notice on November 19, 2013, seeking comments on a petition for expedited declaratory ruling that had been filed by the Professional Association for Customer Engagement ("PACE").  The PACE Petition asked for clarification on two issues related to the definition of "automatic telephone dialing system" for purposes of the Telephone Consumer Protection Act: (1) whether a dialing system must have the capacity to dial numbers without human intervention and (2) whether a dialing system's "capacity" is limited to what the system is capable of doing, without further modification, at the time the call is placed.  Comments on the PACE Petition are due by December 19, 2013.