Goto Section: 0.459 | 0.461 | Table of Contents
FCC 0.460
Revised as of October 1, 2009
Goto Year:2008 |
2010
§ 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, 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 Web site, located at
http://www.fcc.gov and the Commission's electronic reading room,
located on its Web site at http://www.fcc.gov/foia/e-room.html .
Commission documents listed in § 0.416 and § 0.445 are published in the
FCC Record, and many such documents or summaries thereof are also
published in theFederal Register.
(b) A person who wishes to inspect 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 § 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 requester may be directed to submit or
confirm the request in writing in appropriate circumstances.
(e)(1) Written requests shall be directed to the Commission's copy
contractor pursuant to the procedures set forth in § 0.465. Requests
shall be captioned “Request For Inspection Of Records,” shall be dated,
shall list the mailing address, telephone number (if any) of the person
making the request, and the e-mail address (if any) 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
§ 0.467).
(2) Written requests shall be delivered or mailed directly to the
Commission's copy contractor (see § 0.465(a)).
(f) When a written request is received by the copy contractor, it will
be date-stamped.
(g) All requests limited to records listed in § 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.
(h) The records will be produced for inspection at the earliest
possible time.
(i) 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.
(j) In addition to the other requirements of this section, the
following provisions apply to the reports filed with the Commission
pursuant to 5 CFR Parts 2634 and 3902.
(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))
Goto Section: 0.459 | 0.461
Goto Year: 2008 |
2010
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