Sec.  0.461   Requests for inspection of materials not routinely available for
public inspection.

   Any person desiring to inspect Commission records which are not listed in
    Sec. 0.453  or   Sec. 0.455  shall  file  a  request for inspection meeting the
   requirements of this section.

   (a)(1) The records in question must be reasonably described by the person
   requesting them, so as to permit their location by staff personnel. See
    Sec. 0.460(c).

   (2) The person requesting records under this section may specify the form or
   format of the records to be produced.

   (b)(1) Requests shall be captioned “Freedom of Information Act Request,”
   shall be dated, shall list the telephone number (if any) of the person
   making the request and, for each document requested, shall set out all
   information known to the person making the request which would be helpful in
   identifying and locating the document.

   (2) The request shall, in addition, specify the maximum search fee the
   person making the request is prepared to pay (see  Sec. 0.467).

   (c) If the records are of the kinds listed in  Sec. 0.457 or if they have been
   withheld from inspection under  Sec. 0.459, the request shall, in addition,
   contain a statement of the reasons for inspection and the facts in support
   thereof. In the case of other materials, no such statement need accompany
   the request; but the custodian of the records may require the submission of
   such  a  statement if he determines that the materials in question may
   lawfully be withheld from inspection.

   (d)(1) Requests shall be delivered or mailed to the Managing Director, sent
   by electronic mail to foia@fcc.gov, or sent by facsimile. (For purposes of
   this section, the custodian of the records is the Chief of the appropriate
   Bureau or Office.)

   (2) If the request is enclosed in an envelope, the envelope shall be marked,
   “Freedom of Information Act Request.”

   (3) An original and two copies of the request shall be submitted. If the
   request  is  for materials not open to routine public inspection under
    Sec. 0.457(d) or  Sec. 0.459, or if a request for confidentiality is pending pursuant
   to  Sec. 0.459, one copy of the request will be mailed by the custodian of the
   records  to  the  person who originally submitted the materials to the
   Commission.

   (e)  When the request is received by the Managing Director, it will be
   assigned to the Freedom of Information Act (FOIA) Control Office, where it
   will be date-stamped and assigned to the custodian of the records.

   (f) Requests for inspection of records will be acted on as follows by the
   custodian of the records.

   (1) If the Commission is prohibited from disclosing the records in question,
   the request for inspection will be denied with a statement setting forth the
   specific grounds for denial.

   (2) If the records are the property of another agency, the request will be
   referred to that agency and the person who submitted the request will be so
   advised, with the reasons therefor.

   (3) If it is determined that the Commission does not have authority to
   withhold the records from public inspection, the request will be granted.

   (4) If it is determined that the Commission does have authority to withhold
   the records from public inspection, the considerations favoring disclosure
   and non-disclosure will be weighed in light of the facts presented, and the
   request will be granted, either conditionally or unconditionally, or denied.

   (5) If there is a statutory basis for withholding part of a document only
   from inspection, that part will be deleted and the remainder will be made
   available for inspection.

   (6) In locating and recovering records responsive to a FOIA request, only
   those records within the Commission's possession and control as of the date
   of its receipt of the request shall be considered.

   (g)  The custodian of the records will make every effort to act on the
   request within 20 working days after it is received by the FOIA Control
   Office. If it is not possible to locate the records and to determine whether
   they should be made available for inspection within 20 working days, the
   custodian may, in any of the following circumstances, extend the time for
   action by up to 10 working days:

   (1) It is necessary to search for and collect the requested records from
   field facilities or other establishments that are separate from the office
   processing the request.

   (2) It is necessary to search for, collect and appropriately examine a
   voluminous amount of separate and distinct records which are demanded in a
   single request; or

   (3) It is necessary to consult with another agency having a substantial
   interest  in  the  determination  of the request, or among two or more
   components of the Commission having substantial subject matter interest
   therein.

   The custodian of the records will notify the requester in writing of any
   extension of time exercised pursuant to paragraph (g) of this section. If it
   is not possible to locate the records and make the determination within the
   extended period, the person or persons who made the request will be provided
   an opportunity to limit the scope of the request so that it may be processed
   within the extended time limit, or an opportunity to arrange an alternative
   time frame for processing the request or a modified request, and asked to
   consent to an extension or further extension. If the requester agrees to an
   extension, the custodian of the records will confirm the agreement in a
   letter specifying the length of the agreed-upon extension. If he or she does
   not agree to an extension, the request will be denied, on the grounds that
   the custodian has not been able to locate the records and/or to make the
   determination within the period for a ruling mandated by the Freedom of
   Information Act, 5 U.S.C. 552. In that event, the custodian will continue to
   search for and/or assess the records and will advise the person who made the
   request of further developments; but that person may file an application for
   review by the Commission. When action is taken by the custodian of the
   records, written notice of the action will be given.

   (h)(1) Requesters who seek expedited processing of FOIA requests shall
   submit  such requests, along with their FOIA requests, to the Managing
   Director,  as described in  Sec. 0.461(d). If the request is enclosed in an
   envelope,   the  envelope  shall  be  marked  “Request  for  Expedited
   Proceeding—FOIA Request.” An original and two copies of the request for
   expedition shall be submitted, but only one copy is necessary if submitted
   by electronic mail. When the request is received by the Managing Director,
   it, and the accompanying FOIA request, will be assigned to the FOIA Control
   Office, where it will be date-stamped and assigned to the custodian of
   records.

   (2) Expedited processing shall be granted to a requester demonstrating a
   compelling need that is certified by the requester to be true and correct to
   the best of his or her knowledge and belief.

   (3) For purposes of this section, compelling need means—

   (i) That failure to obtain requested records on an expedited basis could
   reasonably be expected to pose an imminent threat to the life or physical
   safety of an individual; or

   (ii)  With  respect to a request made by a person primarily engaged in
   disseminating  information,  there  is an urgency to inform the public
   concerning actual or alleged Federal Government activity.

   (4)(i)  Notice  of  the determination as to whether to grant expedited
   processing shall be provided to the requester by the custodian of records
   within 10 calendar days after receipt of the request by the FOIA Control
   Office. Once the determination has been made to grant expedited processing,
   the custodian shall process the FOIA request as soon as practicable.

   (ii) If a request for expedited processing is denied, the person seeking
   expedited processing may file an application for review within five working
   days after the date of the written denial. The application for review and
   the envelope containing it (if any) shall be captioned “Review of FOIA
   Expedited Proceeding Request.” The application for review shall be delivered
   or  mailed to the General Counsel. (For general procedures relating to
   applications for review, see  Sec. 1.115 of this chapter.) The Commission shall
   act  expeditiously on the application for review, and shall notify the
   custodian of records of the disposition of such an application for review.

   (i)(1) If a request for inspection of records submitted to the Commission in
   confidence under  Sec. 0.457(d) or  Sec. 0.459 is granted, an application for review
   of the action may be filed by the person who submitted the records to the
   Commission or by a third party owner of the records. The application for
   review and the envelope containing it (if any) shall be captioned “Review of
   Freedom of Information Action.” The application for review shall be filed
   within  10 working days after the date of the written ruling, shall be
   delivered or mailed to the General Counsel, and shall be served on the
   person who filed the request for inspection of records. The first day to be
   counted in computing the time period for filing the application for review
   is the day after the date of the written ruling. If an application for
   review is not filed within this period, the records will be produced for
   inspection. The person who filed the request for inspection of records may
   respond to the application for review within 10 working days after it is
   filed.

   (2) If the request for inspection of records submitted to the Commission in
   confidence under  Sec. 0.457(d) or  Sec. 0.459 is partially granted and partially
   denied, the person who submitted the records to the Commission, a third
   party  owner  of  the records and the person who filed the request for
   inspection of those records may file an application for review within the 10
   working days after the date of the written ruling. The application for
   review and the envelope containing it (if any) shall be captioned “REVIEW OF
   FREEDOM  OF  INFORMATION  ACTION.” The application for review shall be
   delivered  or mailed to the General Counsel. If either person files an
   application for review, it shall be served upon the other person.

   (3)  If  an  application  for  review is denied, the person filing the
   application for review will be notified in writing and advised of their
   rights.

   (4) If an application for review filed by the person who submitted the
   records to the Commission or who owns the records is denied, or if the
   records  are  made  available  on review which were not initially made
   available, the person who submitted the records to the Commission or who
   owns the records will be afforded 10 working days from the date of the
   written ruling in which to move for a judicial stay of the Commission's
   action. The first day to be counted in computing the time period for seeking
   a judicial stay is the day after the date of the written ruling. If a motion
   for stay is not made within this period, the record will be produced for
   inspection.

   (j) Except as provided in paragraph (i) of this section, an application for
   review of an initial action on a request for inspection may be filed only by
   the person who made the request. The application shall be filed within 30
   days after the date of the written ruling by the custodian of records, and
   shall be captioned, “Review of Freedom of Information Action.” The envelope
   (if any) shall also be so captioned. The application shall be delivered or
   mailed to the General Counsel and shall be served on the person (if any) who
   originally submitted the materials to the Commission. That person may file a
   response within 10 working days after the application for review is filed.
   If the records are made available on review, the person who submitted them
   to the Commission (if any) will be afforded 10 working days after the date
   of the written ruling to seek a judicial stay. See paragraph (i) of this
   section. The first day to be counted in computing the time period for filing
   the application for review or seeking a judicial stay is the day after the
   date of the written ruling. (For general procedures relating to applications
   for review, see  Sec. 1.115 of this chapter.)

   (k) The Commission will make every effort to act on an application for
   review of an action on a request for inspection of records within 20 working
   days after it is filed. See, however, paragraph (i) of this section. If it
   is not possible to locate the records and to determine whether they should
   be made available for inspection within 20 working days, the General Counsel
   may, in the following circumstances and to the extent time has not been
   extended under paragraphs (g) (1)(i), (ii), or (iii) of this section, extend
   the time for action up to 10 working days. (The total period of extensions
   taken under this paragraph and under paragraph (g) of this section without
   the consent of the person who submitted the request shall not exceed 10
   working days.):

   (1) It is necessary to search for and collect the requested records from
   field facilities or other establishments that are separate from the office
   processing the request;

   (2) It is necessary to search for, collect and appropriately examine a
   voluminous amount of separate and distinct records which are demanded in a
   single request; or

   (3) It is necessary to consult with another agency having a substantial
   interest in the determination of the request or among two or more components
   of the Commission having substantial subject matter interest therein.

   If these circumstances are not present or if it is not possible to locate
   the records and make the determination within the extended period, the
   person who made the request will be advised of his/her rights and asked to
   consent to an extension or further extension. If the requester or person who
   made the request agrees to an extension, the General Counsel will confirm
   the  agreement  in  a  letter specifying the length of the agreed-upon
   extension. If the requestor or person who made the request does not agree to
   an extension, the Commission will continue to search for and/or assess the
   record  and  will  advise  the  person who made the request of further
   developments; but that person may file a complaint in an appropriate United
   States district court.

   (l) Subject to the application for review and judicial stay provisions of
   paragraphs (h) and (i) of this section, if the request is granted, the
   records will be produced for inspection at the earliest possible time.

   (m) Staff orders and letters denying requests for inspection are signed by
   the official (or officials) who give final approval of their contents. If a
   request is denied by the Commission, notice of denial will set forth the
   names of the Commissioners participating in the decision.

   (n) Records shall be inspected within 7 days after notice is given that they
   have been located and are available for inspection. After that period, they
   will be returned to storage, and additional charges may be imposed for again
   producing them.

   (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
   303, 397;  47 FR 0 .231(d))

   [ 40 FR 39507 , Aug. 28, 1975, as amended at  40 FR 59439 , Dec. 24, 1975;  45 FR 85028 , Dec. 24, 1980;  49 FR 13367 , Apr. 4, 1984;  49 FR 38122 , Sept. 27,
   1984;  53 FR 39093 , Oct. 5, 1988;  55 FR 8951 , Mar. 9, 1990;  55 FR 9445 , Mar.
   14, 1990;  62 FR 51797 , Oct. 3, 1997;  63 FR 25778 , 25779, May 11, 1998;  63 FR 44168 , Aug. 18, 1998;  64 FR 55163 , Oct. 12, 1999]