Your debating the underlined is based upon supposition, so I'm not going there. I am pointing out the authority to regulate communications IS the responsibility of the FCC - the only agency with enforcing authority given by "Congress Assembled"; it is not the responsibility of a judge or court.
The FCC allowed the public an option to decide by placing their name on the list, objectors abstain. The judge takes that right away without consent of the populus. The judge says even if you voluntarily requested you not be called - you will be. In your opinion, is that "constitutional"?
You are absolutetly correct and if the "do not call" list was a product of the FCC, then there would not be any debate, at least with regard to regulatory authority. The problem is that the "do not call" list was created by the FTC, not the FCC, and Congress has never given the FTC the express authority to do what it has done, although Congress has given the authority to the FCC, which has stonewalled for the last 11 years.