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FCC Freedom of Information Act (FOIA)

The Freedom of Information Act, commonly known as the FOIA, (5 U.S.C. § 552), was enacted by Congress in 1966 to give the American public greater access to the Federal Government's records. Congress amended the FOIA statute several times since then. Most recently, the Electronic Freedom of Information Act Amendments of 1996 (E-FOIA) expanded the scope of the FOIA to encompass electronic records and require the creation of "electronic reading rooms" to make records more easily and widely available to the public.

The following is an informal explanation of the FOIA process at the FCC. Please consult the full text of the FCC's regulations implementing the FOIA, found at 47 C.F.R. §§ 0.441 - 0.470, before filing a FOIA request. In addition, you may wish to consult the United States Department of Justice's annual guide to the FOIA entitled Freedom of Information Act Guide and Privacy Overview that contains an extensive analysis of the statute and FOIA case law.


What types of materials are available without filing a FOIA request?

You do not have to file a FOIA request to obtain information which is routinely available for public inspection, including records from docketed cases, broadcast applications and related files, petitions for rulemakings, various legal and technical publications, legislative history compilations, etc. See 47 C.F.R. §§ 0.453 and 0.455. Much of this information is available on our website.


How do I obtain publicly available documents and other materials from the FCC?

Many of these documents and other FCC publications already appear on the FCC's Internet Homepage. Documents may also be viewed in the FCC Reference Center and the Library at the FCC Headquarters at 445 12th Street, S.W., Washington, D.C. 20554. The facilities are open between the hours of 8:30 a.m. and 4:00 p.m. A person who wants to inspect publicly available FCC records need only appear at the Commission's headquarters and ask to see the records. Alternatively, you may write or telephone in advance to schedule a date and time to make the records available for inspection. Advance notice to the FCC is suggested in some circumstances, i.e., if the request is for a large number of documents or for older documents which may have to be recalled from storage. See 47 CFR § 0.460.

Copies of any available materials can be made in the FCC Reference Center or obtained through the FCC's copy contractor, Qualex International at (202) 863-2893 Voice, (202) 863-2898 FAX, or qualexint@aol.com.


How do I file a FOIA request?

To make a FOIA request pursuant to 47 C.F.R. § 0.461, you have two options:

(1) You may fill out the Electronic FOIA (E-FOIA) Request Form and submit it to us; or

(2) You may write to us, but please follow these instructions: caption your request as "Freedom of Information Act Request," date your request, give us your telephone number and mailing address, and provide as much information as possible which can assist us in identifying and locating each document you are seeking. Please include your telephone number so that our staff can contact you if they have questions. You should specify the maximum search fee that you are prepared to pay for this request. Also, please write "Freedom of Information Act Request" on the envelope. Mail an original and two copies of your request to the address below, e-mail your request to FOIA@fcc.gov, or fax your request to (202) 418-2826.

Managing Director
Attention: FOIA Officer
Federal Communications Commission
445 12th Street, S.W., Room 1-A835
Washington, D.C. 20554

If you have any questions about how to file a FOIA request, contact us at:



What types of materials are available through a FOIA request?

Under the FOIA and the FCC's implementing rules, you are allowed to obtain copies of FCC records unless the records contain information that is exempt under the FOIA from mandatory disclosure. To learn about these exemptions, please scroll down to the next section, entitled What types of materials are not available under FOIA?


What types of materials are not available under FOIA?

Although most FCC documents, records, and publications are accessible through FOIA, some types of FCC records are not available. Section 552(b) of the FOIA, 5 U.S.C. § 552(b), contains nine types of records which are routinely exempt from disclosure under the FOIA:

  1. Records classified national defense or foreign policy materials, 5 U.S.C. § 552(b)(1);

  2. Internal personnel rules and agency practices, 5 U.S.C. § 552(b)(2);

  3. Information specifically exempted from disclosure by another statute, 5 U.S.C. § 552(b)(3);

  4. Trade secrets and commercial or financial information obtained from a person and privileged or confidential, 5 U.S.C § 552(b)(4);

  5. Inter- or intra-agency memoranda or letters which would not be available to a party in litigation with the agency, 5 U.S.C. § 552(b)(5);

  6. Personnel, medical and similar files, disclosure of which would constitute a clearly unwarranted invasion of personal privacy, 5 U.S.C. § 552(b)(6);

  7. Records compiled for law enforcement purposes, 5 U.S.C. § 552(b)(7);

  8. Records relating to the examination, operations, or condition of financial institutions, 5 U.S.C. § 552(b)(8); and

  9. Oil well data, 5 U.S.C. § 552 (b)(9).

Even if a record falls within one of these FOIA exemptions, the FCC may, in some circumstances, release the records, depending upon the exemption at issue and the circumstances of the FOIA request.


Are there any privacy considerations which the FCC must consider in granting your FOIA request?

Under the FOIA Exemption 6, 5 U.S.C. § 552(b)(6), and the Privacy Act, 5 U.S.C. § 552a, the FCC may be prohibited from disclosing information about an individual from a system of records without the written consent of the individual to whom the record pertains.


Can the FCC deny my FOIA request?

Yes. If the Bureau or Office that is the custodian of the records determines that there are no records responsive to your request, or that one or more of the FOIA exemptions described above applies to the documents you request, your request will be denied in writing.


How long will it take to get the information that I request?

Under the FOIA, the FCC must determine within 20 business days of receipt of your FOIA request by the FOIA Office whether it is appropriate to grant or deny a FOIA request. The FCC will make every effort to act on a request within this time frame, 47 C.F.R. § 0.461(g). If we determine that your request will take longer than 20 days to process, we will notify you in writing explaining the circumstances for the extension and establishing a date for a response of not more than 10 working days beyond the initial 20-day limit. 47 C.F.R. § 0.461(g).

However, if the FCC determines that the request cannot be processed within this 10 day extension, we will provide you with an opportunity to modify your request so that it may be processed within the extended time limit, or provide an opportunity for you to arrange with the FCC for an alternative timeframe for processing the original or modified request. 47 C.F.R. § 0.461(g). We will also advise you of any additional charges involved. For this reason, it is important for you to include a telephone number where we can call you to discuss any issues involving your FOIA request. Even if we call you, you will receive a letter from the FCC confirming your consent to any additional time and/or costs that may be necessary to comply with your FOIA request.

You may seek expedited processing of your FOIA request if you have a compelling need for the documents. See 47 C.F.R. § 0.461(h).


If my FOIA request is denied, what can I do?

If your FOIA request is denied in whole or in part, the Bureau or Office decision will notify you of the denial of your request and of your right to file an administrative application for review under 47 C.F.R. § 0.461(j). The application for review and the envelope containing it should be captioned, "Review of Freedom of Information Action," and must be filed within 30 calendar days of the date of the Bureau or Office's written decision. A FOIA application for review should be sent to the Office of General Counsel, Federal Communications Commission, 445 - 12th Street, S.W., Washington, D.C. 20554. A copy of the application for review should also be sent to the person (if any) who originally submitted the records you are seeking. If the FCC denies your application for review in whole or in part, you may seek judicial review of that decision in a United States District Court. 5 U.S.C. § 552(a)(4)(B).


Are there any costs to making a FOIA request?

Yes. Under the FOIA, we are allowed to charge for our research and reproduction services under certain conditions. 5 U.S.C. § 552(a)(4)(A)(i)-(vi); 47 C.F.R. §§ 0.466 - 0.470. Your FOIA request should specify the amount of FOIA fees you are willing to pay. 47 C.F.R. § 0.461(b)(2). Please note, under 47 CFR § 0.467(e), if the Commission estimates that your search charges are likely to exceed $25 or an amount which you have indicated you are willing to pay, we will notify you of the estimated fee charge prior to doing the search and give you the opportunity to revise or clarify your FOIA request.

Commercial use requesters will be assessed charges that recover the full direct costs associated with the search, review, and duplication of records. 47 C.F.R. § 0.470(a)(1). Educational institutions, representatives of the news media, and non-commercial scientific institution requesters must pay for duplication only, and will not be charged for the first 100 pages. 47 C.F.R. § 0.470(a)(2) and (b)(1). News media requestors, however, are entitled to a reduced assessment only when the request is for the purpose of disseminating information. 47 C.F.R. § 0.470(a)(2). The Commission will charge all other requesters who do not fit into any of the categories above fees which cover the full, reasonable direct cost of searching for and reproducing records that are responsive to the request, except that the first 100 pages of the reproduction and the first two hours of search time shall be free of charge. 47 C.F.R. § 0.470(a)(3).

If you believe you are entitled to a restricted fee assessment, or a fee waiver, you must provide us with a statement explaining with specificity the reasons demonstrating why you qualify for a restricted fee or a fee waiver, including a statement certifying that the information will not be used to further your commercial interests. 47 C.F.R. § 0.470(c). Please consult the rules, 47 C.F.R. § 0.470(c) - (e), when seeking a restricted fee or fee waiver. The Office of General Counsel handles FOIA fee waiver requests. 47 C.F.R. § 0.470(e).

The search fee is based on the GS salary level of the employee(s) who conducts the search. The fee charge is computed at the Step 5 of the specified grade level plus 20 percent to cover personnel benefits. See 47 CFR §§ 0.467(a)(1), (a)(2), (b).


FOIA Search Fee Schedule
GS Salary Level of
FCC Employee
Hourly
Fee
GS-1
GS-2
GS-3
GS-4
GS-5
GS-6
GS-7
GS-8
GS-9
GS-10
GS-11
GS-12
GS-13
GS-14
GS-15
11.66
12.71
14.32
16.07
17.99
20.05
22.27
24.67
27.25
30.01
32.96
39.52
46.99
55.52
65.32

The reproduction fees are $0.17 per page. 47 C.F.R. § 0.465(c)(2).

Outstanding fees. In certain circumstances, the FCC may request advance payment of fees. 47 C.F.R. § 0.469. Failure to pay any fees within 30 days of the billing date may result in interest charges being levied. See 47 CFR § 0.468. If you have made FOIA requests in the past for which a fee was charged and you have not yet paid those fees, we may determine not to process any additional FOIA requests until any fees and interest (see 47 C.F.R. § 0.468) you owe for previous requests and you make an advance payment of the full amount of the estimated fee. 47 C.F.R. § 0.469(a)(2). We will not require advance payment of the estimated FOIA fee(s) unless we determine that the fee is likely to exceed $250 and the requester has no history of payment. If you have made FOIA requests previously and paid your fees promptly, we may notify you of the cost and rely on your promise to pay.


Frequently Requested Information

FCC FOIA Contact

If you have questions about filing a FOIA request, please contact our FOIA Officer:


Electronic FOIA (E-FOIA) Request Form

Use this E-FOIA Request Form to submit your Freedom of Information Act request: [Unless otherwise indicated, you must provide us with the following information for your request to be processed.]

1. Name

2(a) Street Address/Post Office Box

  (b) Apartment/Suite
  

  (c) City
  

  (d) State
  

  (e) Zip Code
  

  (f) Country
  

3. Area Code + Telephone Number [required]

4. Area Code + Fax Number

5. E-Mail Address [required]

6. Date of Request.

7. Description of Records Requested
Identify the records as clearly and specifically as possible. Please provide sufficient information which would be helpful in identifying and locating the requested records, such as document title, etc.

8. Key Words or Phrases
Please be as complete as possible. Include information such as subject, publication date(s), office/bureau, docket number(s), and any other information which can help to identify the document(s) you are requesting

9. Maximum Search Fee
Enter the maximum search fee the person making this request is prepared to pay.

10(a) Are the requested records known to be the kinds listed in 47 CFR Section 0.457 or known to have been withheld from inspection under 47 CFR Section 0.459?
 Yes  No

   (b) If "Yes," provide a statement of the reasons for inspection and the facts in support thereof.
  

11(a) Is the requester entitled to a restricted fee assessment pursuant to 47 CFR Sections 0.470(a)(2), (a)(3), or a waiver pursuant to 47 CFR Section 0.470(e)?
 Yes  No

   (b) If "Yes," provide a statement explaining with specificity, the reasons demonstrating that he/she qualifies for a restricted fee or a fee waiver. Your statement should also include a certification that the information will not be used to further the commercial interest of the requester.
  

12. Additional Information and/or Comments
  



Privacy Act Notice

The disclosure of information which you seek under the Freedom of Information Act is permitted under the authority of the Freedom of Information Act (1994 and Supp. II 1996), at 5 U.S.C. 552. Information that you provide to us, i.e., your name, address and other information about you the requester and the record(s) that you seek when you access under the Freedom of Information Act (FOIA), and individuals and organizations making requests under FOIA or from bureaus or offices of the Commission reporting on the handling of such requests for inclusion in the annual report to Congress may be disclosure to the FOIA staff involved in correspondence and investigative processes, including appeals, and to officials and members of the FCC General Counsel staff or other government agencies and their staff under the following conditions (subject to the Commission's determination as to whether disclosure of the records is compatible with the purpose for which the records were collected):

1) To the Department of Justice for the purpose of obtaining its advice in determining whether particular records are required to be disclosed under the FOIA;

2) Whenever the appropriate FCC official, pursuant to the Commission's FOIA Regulation, determines that it is in the public interest to disclose a record that is otherwise exempt from mandatory disclosure, disclosure may be made from the system of records;

3) To a private firm under contract with the FCC for the purpose of searching, duplicating, and distributing to the public the documents maintained by the Commission and available for inspection under the Act, and the contractor is required to maintain Privacy Act safeguards on such records;

4) To a Congressional office in response to an inquiry the individual has made to the Congressional office; and

5) In the event of litigation where the defendant is:

(a) the Commission, or any employee of the Commission in his or her official capacity;

(b) the United States where the Commission determines that the claim, if successful, is likely to directly affect the Commission's operations; or

(c) any FCC employee in his or her individual capacity where the Justice Department has agreed to represent such employee, the Commission may disclose such records as it deems desirable or necessary to the Department of Justice to enable that Department to present an effective defense.




last reviewed/updated on 4/2/04 


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