Goto Section: 0.441 | 0.445 | Table of Contents
FCC 0.442
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 0.442 Disclosure to other Federal government agencies of information
submitted to the Commission in confidence.
(a) The disclosure of records to other Federal government agencies is
generally governed by 44 U.S.C. 3512 and 3510(b) rather than the Freedom of
Information Act. The acceptance of materials in confidence under Sec. 0.457 or
Sec. 0.459 does not provide assurance against their disclosure to other
agencies.
(b) Information submitted to the Commission in confidence pursuant to
Sec. 0.457(c) (2) and (3), (d) and (g) or Sec. 0.459 will be disclosed to other
agencies of the Federal government upon request: Provided (1) Specific
Commission assurances against such disclosure have not been given, (2) the
other agency has established a legitimate need for the information, (3)
disclosure is made subject to the provisions of 44 U.S.C. 3510(b), and (4)
disclosure is not prohibited by the Privacy Act or other provisions of law.
(c) The Commission's staff may give assurances against disclosure of
information to other Federal agencies only with the prior written approval
of the General Counsel. In no event will assurance against disclosure to
other agencies be given in advance of submission of the information to the
Commission if submission is required by statute or by the provisions of this
chapter; but the notice provisions of paragraph (d) of this section will
apply to such information.
(d)(1) Except as provided in paragraphs (d)(2) and (d)(3) of this section, a
party who furnished records to the Commission in confidence will be notified
at the time that the request for disclosure is submitted and will be
afforded 10 days in which to oppose disclosure.
(2) If the agency requesting the records states to the satisfaction of the
Commission that notice to the party who furnished the records to the
Commission will interfere unduly with its law enforcement activities and
further states that it will notify that party of the Commission's disclosure
once the potential for such interference is eliminated, the Commission will
not give notice of disclosure.
(3) A party who furnished records to the Commission in confidence under
Sec. 0.457(d) or 0.459 will not be afforded prior notice when the disclosure is
made to the Comptroller General. Such a party will instead be notified of
disclosure of the records to the Comptroller General either individually or
by public notice.
(4) If disclosure is opposed and the Commission decides to make the records
available to the other agency, the party who furnished the records to the
Commission will be afforded ten (10) working days from the date of the
ruling in which to move for a judicial stay of the Commission's action. If
he does not move for stay within this period, the records will be disclosed.
(e) Except as provided in paragraph (d)(3) of this section, nothing in this
section is intended to govern disclosure of information to Congress or the
Comptroller General.
[ 44 FR 55573 , Sept. 27, 1979; 44 FR 57096 , Oct. 4, 1979, as amended at 64 FR 55162 , Oct. 12, 1999]
Goto Section: 0.441 | 0.445
Goto Year: 2006 |
2008
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public