FCC 0.465 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 0.465 Request for copies of materials which are available, or made
available, for public inspection.
(a) The Commission awards a contract to a commercial duplication firm to
make copies of Commission records and offer them for sale to the public. In
addition to the charge for copying, the contractor may charge a search fee
for extracting the requested documents from the Commission's files.
Note to paragraph(a): The name, address, telephone number, and schedule of
fees for the current duplication contractor are published at the time of
contract award of renewal in a Public Notice and periodically thereafter.
Questions regarding this information should be directed to the Reference
Information Center of the Consumer and Governmental Affairs Bureau.
(b) The Commission awards a contract to a commercial firm to transcribe
Commission proceedings in which a verbatim record is kept and to offer
copies of the transcript for sale to the public. Except as authorized by the
Commission, the firm is required to retain the capacity to furnish copies of
the transcript for a period of 5 years, and may retain that capacity for a
longer period, even though another firm is currently transcribing Commission
proceedings. Requests for copies of the transcript of the current
proceedings should be directed to the current contractor. Requests for
transcripts of older proceedings will be forwarded by the Commission to the
firm which made the transcript in question; and the names of contracting
firms for past years will be furnished upon request.
Note to paragraph(b): The name, address, telephone number, and schedule of
fees for the current transcription contractor are maintained by the Office
of the Secretary in the Managing Director's Office.
(c)(1) Contractual arrangements which have been entered into with commercial
firms, as described in this section, do not in any way limit the right of
the public to inspect Commission records or to extract therefrom whatever
information may be desired. Coin-operated and debit card copy machines are
available for use by the public.
(2) The Commission has reserved the right to make copies of its records for
its own use or for the use of other agencies of the U.S. Government. When it
serves the regulatory or financial interests of the U.S. Government, the
Commission will make and furnish copies of its records free of charge. In
other circumstances, however, if it should be necessary for the Commission
to make and furnish copies of its records for the use of others, the fee for
this service shall be 17 cents per page. For copies prepared with other
media, such as computer tapes, microfiche or videotape, the charge will be
the actual direct cost including operator time. Requests for copying should
be accompanied by a statement specifying the maximum copying fee the person
making the request is prepared to pay. If the Commission estimates that
copying charges are likely to exceed $25 or the amount which the requester
has indicated that he/she is prepared to pay, then it shall notify the
requester of the estimated amount of fees. Such a notice shall offer the
requester the opportunity to confer with Commission personnel with the
object of revising or clarifying the request.
Note: The criterion considered in acting on a waiver request is whether
“waiver or reduction of the fee is in the public interest because furnishing
the information can be considered as primarily benefiting the general
public.” 5 U.S.C. 552(a)(4)(A). The following factors are relevant in
applying that criterion: the number of persons to be benefited, the
significance of the benefit, the private interest of the requester which the
release may further, the usefulness of the materials to be released to the
general public and the likelihood that a tangible public benefit will be
realized. (See Attorney General's 1974 FOI Amdts. Memorandum, at 15.)
(3) Requests for copies by representatives of foreign governments or persons
residing in foreign countries shall be submitted to the General Counsel and
will be reviewed by the General Counsel under criteria established by the
Department of Commerce for controlling the export of technical data.
(4) Certified Documents. Copies of documents which are available or made
available, for inspection under Sec. Sec. 0.451 through 0.465, will be prepared and
certified, under seal, by the Secretary, or for documents located in the
Commission's Gettysburg, Pennsylvania Office by his deputy. Requests shall
be in writing, specifying the exact documents, the number of copies desired,
and the date on which they will be required. The request shall allow a
reasonable time for the preparation and certification of copies. The fee for
preparing copies shall be the same as that charged by the Commission as
described in Sec. 0.465(c)(2). The fee for certification shall be $10 for each
document.
(d)(1) Computer maintained data bases produced by the Commission may be
obtained from the FCC's internet web site at www.fcc.gov.
Note: The Commission awards a contract to provide the public with direct
electronic access to a portion of the non-Government Master Frequency File
data base released for access and residing on the contractor's computer
system. The name, address, telephone number, and schedule of fees for the
current contractor are published annually at the time of contract award or
renewal in a Public notice. This information may be obtained from the Office
of Congressional and Public Affairs, Consumer Assistance and Small Business
Division, Telephone (202) 632–7000.
(2) Copies of computer generated data stored as paper printouts or on
microfiche may also be obtained from the Commission's duplicating contractor
(see paragraph (a) of this section).
(d)(3) Copies of computer source programs and associated documentation
produced by the Commission shall be obtained from the Office of the Managing
Director.
(e) This section has no application to printed publications, which may be
purchased from the Superintendent of Documents or private firms (see Sec. Sec. 0.411
through 0.420). Nor does it apply to application forms or information
bulletins, which are prepared for the use and information of the public and
are available upon request (see Sec. Sec. 0.421 and 0.423).
(f) Anyone requesting copies of documents pursuant to this section may
select either the Commission or the contractor to fulfill the request. If a
request goes directly to the contractor, the requester will be charged by
the contractor pursuant to the price list set forth in the latest contract.
If a request goes directly to the Commission, it shall be sent to the Office
of the Managing Director for appropriate processing according to the fee
standards established under the FOIA.
(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
303, 397; 47 CFR 0.231(d))
[ 32 FR 10573 , July 19, 1967, as amended at 41 FR 51610 , Nov. 23, 1976; 45 FR 85028 , Dec. 24, 1980; 49 FR 13368 , Apr. 4, 1984; 51 FR 34982 , Oct. 1, 1986;
52 FR 36774 , Oct. 1, 1987; 53 FR 39093 , Oct. 5, 1988; 64 FR 60725 , Nov. 8,
1999; 67 FR 13222 , Mar. 21, 2002]
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