Goto Section: 0.459 | 0.461 | Table of Contents
FCC 0.460
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 0.460 Requests for inspection of records which are routinely available for
public inspection.
(a) Sections 0.453 and 0.455 list those Commission records which are
routinely available for public inspection and the places at which those
records may be inspected. Subject to the limitations set out in this section
and to the provisions of Sec. 0.466 and paragraph (l) of this section, a person
who wants to inspect such records need only appear at the specified location
and ask to see the records. Many such records also are available through the
Commission's site on the World Wide Web, located at http://www.fcc.gov.
Commission documents listed in Sec. 0.416 are published in the FCC Record, and
many such documents or summaries thereof are also published in theFederal
Register.
(b) A person who does not want a copy of the records must appear at the
specified location during the office hours of the Commission and must
inspect the records at that location. (Procedures governing requests for
copies are set out in Sec. 0.465.) However, arrangements may be made in advance,
by telephone or by correspondence, to make the records available for
inspection on a particular date, and there are many circumstances in which
such advance arrangements will save inconvenience. If the request is for a
large number of documents, for example, a delay in collecting them is
predictable. Current records may be in use by the staff when the request is
made. Older records may have been forwarded to another location for storage.
(c) The records in question must be reasonably described by the person
requesting them so as to permit their location by staff personnel. The
information needed to locate the records will vary, depending on the records
requested. Advice concerning the kind of information needed to locate
particular records will be furnished in advance upon request. Members of the
public will not be given access to the area in which records are kept and
will not be permitted to search the files.
(d) If it appears that there will be an appreciable delay in locating or
producing the records (as where a large number of documents is the subject
of a single request or where an extended search for a document appears to be
necessary), the request shall be submitted in writing, either in person or
by mail.
(e) Written requests shall be captioned “REQUEST FOR INSPECTION OF
RECORDS”, 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. Written requests shall, in addition,
specify the maximum search fee the person making the request is prepared to
pay. (see Sec. 0.467)
(f) Written requests shall be delivered or mailed directly to the chief of
the organizational unit having custody of the records, as listed in Sec. Sec. 0.453
and 0.455. If the request is enclosed in an envelope, the envelope shall be
marked, “REQUEST FOR INSPECTION OF RECORDS.”
(g) When a written request is received by the custodian of the records, it
will be date-stamped.
(h) All requests limited to records listed in Sec. Sec. 0.453 and 0.455 will be
granted, subject to paragraph (k) of this section. Requests for records
listed in those sections shall not be combined with requests for other
records.
(i) The records will be produced for inspection at the earliest possible
time.
(j) 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.
(k) In addition to the other requirements of this section, the following
provisions apply to the reports filed with the Commission pursuant to
subpart E of part 19 of this chapter. (1) Such reports shall not be obtained
or used:
(i) For any unlawful purpose; (ii) for any commercial purpose, other than by
news and communications media for dissemination to the general public; (iii)
for determining or establishing the credit rating of any individual; or (iv)
for use, directly or indirectly, in the solicitation of money for any
political, charitable, or other purpose.
(2) Such reports may not be made available to any person nor may any copy
thereof be provided to any person except upon a written application by such
person stating: (i) That person's name, occupation and address; (ii) the
name and address of any other person or organization on whose behalf the
inspection or copying is requested; and (iii) that such person is aware of
the prohibitions on the obtaining or use of the report. Further, any such
application for inspection shall be made available to the public throughout
the period during which the report itself is made available to the public.
(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
303, 397; 18 U.S.C. 207(j))
[ 40 FR 7314 , Feb. 19, 1975, as amended at 45 FR 85027 , Dec. 24, 1980; 48 FR 44800 , Sept. 30, 1983; 53 FR 39093 , Oct. 5, 1988; 62 FR 51797 , Oct. 3, 1997]
Goto Section: 0.459 | 0.461
Goto Year: 2007 |
2009
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