Goto Section: 0.463 | 0.466 | Table of Contents

FCC 0.465
Revised as of October 1, 2008
Goto Year:2007 | 2009
  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]


Goto Section: 0.463 | 0.466

Goto Year: 2007 | 2009
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