Sec.  0.555   Disclosure of record information to individuals.

   (a) Individuals having been notified that the Commission maintains a record
   pertaining to them in a system of records may request access to such record
   in one of three ways: by in person inspection at the system location; by
   transfer of the record to a nearer location; or by mail.

   (1) Individuals who wish to review their records at the system location must
   do so during regular Commission business hours (8:00 a.m.–4:30 p.m., Monday
   through Friday). For personal and administrative convenience, individuals
   are urged to arrange to review a record by appointment. Preferences as to
   specific dates and times can be made by writing or calling the system
   manager responsible for the system of records in question at least two days
   in advance of the desired appointment date, and by providing a telephone
   number where the individual can be reached during the day in case the
   appointment must be changed. Verification of identity is required as in
    Sec. 0.554(b)(1) before access will be granted an individual appearing in
   person. Individuals may be accompanied by a person of his or her own
   choosing when reviewing a record. However, in such cases, a written
   statement authorizing discussion of their record in the presence of a
   Commission representative having physical custody of the records.

   (2) Individuals may request that a record be transferred to a Commission
   field office or installation in the vicinity of his or her home and that
   access be granted at that location. The addresses of Commission field
   offices are listed in  Sec. 0.121. A request to transfer records must specify the
   exact location where the records should be sent and a telephone number to
   call when the information is available for review at the field location.
   Paragraph (a)(1) of this section regarding personal appointments,
   verification of identity accompanying persons, and disclosure of original
   records applies equally to this paragraph.

   (3) Individuals may request that copies of records be sent directly to them.
   In such cases, individuals must verify their identity as  Sec. 0.554(b)(2) and
   provide an accurate return address. Records shall be sent only to that
   address.

   (b) The disclosure of record information under this section is subject to
   the following limitations:

   (1) Records containing medical information pertaining to an individual are
   subject to individual access under this section unless, in the judgment of
   the system manager having custody of the records after consultation with a
   medical doctor, access to such record information could have an adverse
   impact on the individual. In such cases, a copy of the record will be
   delivered to a medical doctor named by the individual.

   (2) Classified material, investigative material compiled for law enforcement
   purposes, investigatory material compiled solely for determining suitability
   for Federal employment or access to classified information, and certain
   testing or examination material shall be removed from the records to the
   extent permitted in the Privacy Act of 1974, 5 U.S.C. 552(a). Section 0.561
   of this subpart sets forth the systems of records maintained by the
   Commission which are either totally or partially exempt from disclosure
   under this subparagraph.

   (c) No fee will be imposed if the number of pages of records requested is 25
   or less. Requests involving more than 25 pages shall be submitted to the
   duplicating contractor (see  Sec. 0.456(a)).

   (d) The provisions of this section in no way give an individual the right to
   access any information compiled in reasonable anticipation of a civil action
   or proceeding.

   (e) In the event that a determination is made denying an individual access
   to records pertaining to that individual for any reason, such individual may
   either:

   (1) Seek administrative review of the adverse determination. Such a request
   shall be in writing and should be addressed to the system manager who made
   the initial decision. In addition, the request for review shall state
   specifically why the initial decision should be reversed.

   (2) Seek judicial relief in the district courts of the United States
   pursuant to paragraph (g)(1)(B) of the Act.

   (Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C.
   154(i) and 303(n); 47 CFR 0.231(d))

   [ 40 FR 44512 , Sept. 26, 1975, as amended at  40 FR 58858 , Dec. 19, 1975;  49 FR 13369 , Apr. 4, 1984]