FCC 0.603 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 0.603 Bases for closing a meeting to the public.
Except where the agency finds that the public interest requires otherwise,
an agency or advisory committee meeting may be closed to the public, and
information pertaining to such meetings which would otherwise be disclosed
to the public under Sec. 0.605 may be withheld, if the agency determines that an
open meeting or the disclosure of such information is likely to:
(a) Disclose matters that: (1) Are specifically authorized under criteria
established by executive order to be kept secret in the interest of national
defense or foreign policy, and (2) are in fact properly classified pursuant
to such executive order (see Sec. 0.457(a));
(b) Relate solely to the internal personnel rules and practices of an agency
(see Sec. 0.457(b));
(c) Disclose matters specifically exempted from disclosure, by statute
(other than the Freedom of Information Act, 5 U.S.C. 552). Provided, That
such statute (1) requires that the matters be withheld from the public in
such a manner as to leave no discretion on the issue, or (2) establishes
particular criteria for withholding or refers to particular types of matters
to be withheld (see Sec. 0.457(c));
(d) Disclose trade secrets and commercial or financial information obtained
from a person and privileged or confidential (see Sec. 0.457(d));
(e) Involve accusing any person of a crime or formally censuring any person;
(f) Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy (see
Sec. 0.457(f));
(g) Disclose investigatory records compiled for law enforcement purposes, or
information which if written would be contained in such records, but only to
the extent that the production of such records or information would (1)
interfere with enforcement proceedings, (2) deprive a person of a right to a
fair trial or an impartial adjudication, (3) constitute an unwarranted
invasion of personal privacy, (4) disclose the identity of a confidential
source, and, in the case of a record compiled by a criminal law enforcement
authority in the course of a criminal investigation, or by an agency
conducting a lawful national security intelligence investigation,
confidential information furnished only by the confidential source, (5)
disclose investigative techniques and procedures, or (6) endanger the life
or physical safety of law enforcement personnel;
(h) Disclose information contained in or related to examination, operating,
or condition reports prepared by, on behalf of, or for the use of an agency
responsible for the regulation or supervision of financial institutions;
(i) Disclose information the premature disclosure of which would be likely
to significantly frustrate implementation of a proposed agency action,
except where the agency has already disclosed to the public the content or
nature of the disclosed action, or where the agency is required by law to
make such disclosure on its own initiative prior to taking final agency
action on such proposal; or
(j) Specifically concern the agency's issuance of a subpoena, or the
agency's participation in a civil action or proceeding, an action in a
foreign court or international tribunal, or an arbitration, or the
initiation, conduct, or disposition by the agency of a particular case of
formal agency adjudication pursuant to the procedures specified in 5 U.S.C.
554 or otherwise involving a determination on the record after opportunity
for hearing.
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