« PreviousContinue »
FCC's staff, and should not be relied on been given, (2) the other agency has esby the public because in some in- tablished a legitimate need for the instances the data bases and the lists formation, (3) disclosure is made submay not agree with the primary ject to the provisions of 44 U.S.C. sources of information (e.g., official li- 3508(a), and (4) disclosure is not prohibcense documents, international notifi- ited by the Privacy Act or other provications, actual applications, and the sions of law. like). Action by the public, such as the (c) The Commission's staff may give filing of applications, should be based assurances against disclosure of inforon the primary sources of information mation to other federal agencies only and not on the data bases or lists. If with the prior written approval of the there are discrepancies between the General Counsel. In no event will asprimary sources of information and the surance against disclosure to other data bases or lists, the former control. agencies be given in advance of submis
(f) The United States and its officers, sion of the information to the Commisagents, and employees shall not be re- sion if submission is required by statsponsible or liable for any loss, ex- ute or by the provisions of this chap pense, or damage arising from or inci- ter; but the notice provisions of paradent to the use of either the data bases graph (d) of this section will apply to or the lists by the public.
such information. (45 FR 41151, June 18, 1980, as amended at 53
(d)(1) Except as provided in paraFR 4412, Feb. 16, 1988)
graph (d)(2) of this section a party who
furnished records to the Commission in PUBLIC INFORMATION AND INSPECTION OF confidence will be notified at the time RECORDS
that the request for disclosure is sub
mitted and will be afforded 10 days in 80.441 General.
which to oppose disclosure. Any person desiring to obtain infor- (2) If the agency requesting the recmation may do so by writing or coming ords states to the satisfaction of the in person to any of the Commission's Commission that notice to the party offices. A broader range of information who furnished the records to the Comand more comprehensive information mission will interfere unduly with its facilities are available at the Commis- law enforcement activities and further sion's main office in Washington, D.C.,
states that it will notify that party of however, and inquiries of a general na- the Commission's disclosure once the ture should ordinarily be submitted to potential for such interference is elimithat office.
nated, the Commission will not give
notice of disclosure. (32 FR 10573, July 19, 1967)
(3) If notice is given to the party who $0.442 Disclosure to other Federal furnished the records to the Commis
government agencies of information sion in confidence and disclosure is not submitted to the Commission in opposed, the staff is authorized to confidence.
make the records available to the (a) The disclosure of records to other agency which requested them. federal government agencies is gen
(4) If disclosure is opposed and the erally governed by 44 U.S.C. 3512 and
Commission decides to make the rec3508(a) rather than the Freedom of In
ords available to the other agency, the formation Act. The acceptance of ma
party who furnished the records to the terials in confidence under $0.457 or
Commission will be afforded ten (10) $0.459 does not provide assurance
working days from the date of the rulagainst their disclosure to other agen- ing in which to move for a judicial stay cies.
of the Commission's action. If he does (b) Information submitted to the not move for stay within this period, Commission in confidence pursuant to
the records will be disclosed. $0.457(c) (2) and (3), (d) and (8) or $0.459
(e) Nothing in this section is inwill be disclosed to other agencies of
tended to govern disclosure of informathe federal government upon request:
tion to Congress. Provided (1) Specific Commission assur- (44 FR 55573, Sept. 27, 1979; 44 FR 57096, Oct. ances against such disclosure have not 4, 1979)
80.443 General information office.
(d) Formal policy statements and inThe Press and News Media Division is
terpretations designed to have general located at 1919 M Street NW., Washing
applicability and legal effect are pubton, D.C. Here the public may obtain
lished in the FEDERAL REGISTER, the copies of public notices of Commission
FCC Record, FCC Reports, or Pike and actions, formal documents adopted by
Fischer. Commission decisions and the Commission and other public re
other Commission documents not entileases as they are issued. Back issues
tled formal policy statements or interof public releases are available for in
pretations may contain substantive inspection in this office. Copies of fact
terpretations and statements regarding sheets which answer general questions
policy, and these are published as part about the Commission may be obtained
of the document in the FCC Record, from this office.
FCC Reports or Pike and Fischer. Gen
eral statements regarding policy and (36 FR 15121, Aug. 13, 1971, as amended at 44
interpretations furnished to individFR 12425, Mar. 7, 1979; 44 FR 70471, Dec. 7, 1979)
uals, in correspondence or otherwise,
are not ordinarily published. $0.445 Publication, availability and
(e) If the documents described in use of opinions, orders, policy state- paragraphs (a) through (d) of this secments, interpretations, administra- tion are published in the FEDERAL REG
tive manuals, and staff instructions. ISTER, the FCC Record, FCC Reports, or (a) Adjudicatory opinions and orders Pike and Fischer Radio Regulation, of the Commission, or its staff acting they may be relied upon, used or cited on delegated authority, are mailed to as precedent by the Commission or prithe parties, and as part of the record, vate parties in any manner. If they are are available for inspection in accord- not so published, they may not be reance with $0.453 and 80.455.
lied upon, used or cited as precedent, (b) Texts adopted by the Commission except against persons who have actual or a member of its staff on delegated notice of the document in question or authority and made available to the by such persons against the Commispublic through the Office of Congres- sion. No person is expected to comply sional and Public Affairs are published with any requirement or policy of the in the FCC Record. Older materials of Commission unless he has actual nothis nature are available in the FCC tice of that requirement or policy or a Reports. In the event that such older document stating it has been published materials are not published in the FCC as provided in this paragraph. Nothing Reports, reference should be made to in this paragraph, however, shall be the FEDERAL REGISTER or Pike and construed as precluding a reference to Fischer Radio Regulation.
the rationale set forth in a recent doc(c) All rulemaking documents are ument that is pending publication if published in the FEDERAL REGISTER. the requirment or policy to which the Summaries of the full Notices of pro- rationale relates is contained in a pubposed rule making and other rule mak- lished document or if actual notice of ing decisions adopted by the Commis- that requirement or policy has been sion constitute rulemaking documents given. for purposes of FEDERAL REGISTER pub- (1) The FEDERAL REGISTER, the FCC lication. See $1.412(a)(1). The complete Record, FCC Reports and Pike and text of the Commission decision also is Fischer Radio Regulation are indexed. released by the Commission and is If the documents described in paraavailable for inspection and copying graphs (and) of this section are not during normal business hours in the published, they are neither indexed nor FCC Dockets Branch (Room 230), 1919 relied upon, except as provided in paraM Street, NW., Washington, DC, or as graph (e) of this section. otherwise specified in the rulemaking (8) There are two Commission staff document published in the FEDERAL manuals, the FCC Administrative ManREGISTER. The complete texts of rule- ual and the FOB Manual. The FCC Admaking decisions may also be pur- ministrative Manual (excepting Part chased from the Commission's dupli- IX, concerning Civil Defense, which cating contractor.
contains materials classified under
E.O. 10501) is available for inspection in the Office of the Managing Director. Portions of the FOB Manual which pertain to administrative matters are available for inspection in the Field Operations Bureau. Portions of the FOB Manual which pertain to enforcement matters are not available for inspection. The Manuals are not indexed but are organized by subject, with tables of contents, and the materials contained therein can be located without difficulty.
(h) Subparts A and B of this part describe the functions of the staff and list the matters on which authority has been delegated to the staff. Except as provided in paragraph (8) of this section, all general instructions to the staff and limitations upon its authority are set forth in those subparts. As part of the Cornmission's rules and regulations, the provisions of these subparts are indexed in the FEDERAL REGISTER and the Code of Federal Regulations. Instructions to the staff in particular matters or cases are privileged and are not published or made available for public inspection.
(1) To the extent required to prevent a clearly unwarranted invasion of personal privacy, the Commission may delete identifying details when it makes available or publishes any document described in this section. The justification for any such deletion will be fully explained in a preamble to the document. (32 FR 10573, July 19, 1967, as amended at 40 FR 17255. Apr. 18, 1975; 50 FR 27953, July 9, 1985; 51 FR 7444, Mar. 4. 1986; 51 FR 45889, Dec. 23, 1986) 80.451 Inspection of records: Gen
erally. (a) Records which are routinely available for public inspection. 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. Procedures governing requests for inspection of such records are set out in $0.460.
(b) Records which are not routinely available for public inspection. Records which are not listed in $0.453 or $0.455 are not routinely available for public inspection. Such records fall into two categories.
(1) The first category consists of those records or kinds of records listed in 80.457 and of particular records withheld from public inspection under $0.459. The Commission has determined that there is a statutory basis for withholding these records from public inspection. In some cases, the Commission is prohibited from permitting the inspection of records. In other cases, the records are the property of another agency, and the Commission has no authority to permit their inspection. In still other cases, the Commission is authorized, for reason of policy, to withhold records from inspection, but is not required to do so.
(2) The second category consists of records which are not listed in $0.453, $0.455, or $0.457 and have not been withheld from inspection under $0.459. In some cases, these records have not been identified for listing. In other cases (e.g., the general correspondence files), the Commission is unable to determine either that all records in a class should be routinely available for inspection or that all records in that class should not be routinely available for inspection, and individual determination is required.
(3) Procedures governing requests for inspection of these records are set out in 80.461.
(4) Procedures governing demands by competent authority for inspection of these records are set out in 80.463.
(5) Except as provided in 480.461 and 0.463, no officer or employee of the Commission shall permit the inspection of records which are not routinely available for public inspection under 80.453 or $0.455, or disclose information contained therein.
(c) Copies. Section 0.465 applies to requests for copies of Commission records which are routinely available for public inspection under $$ 0.453 and 0.455 and those which are made available for inspection under $0.461. Section 0.467 applies to requests for certified copies of Commission records.
(d) Search fees. Section 0.466 prescribes fees to cover the expense of searching for records made available for inspection under $0.460 or $0.461. (40 FR 7313, Feb. 19, 1975)
80.463 Public reference rooms.
The Commission maintains the following public reference rooms at its offices in Washington, DC and Gettysburg, Pennsylvania. With the exception of the Private Radio Bureau Reference Room, which is located in Gettysburg, Pennsylvania, all reference rooms are located in Washington, DC:
(a) The Mass Media and Dockets Reference Room. The following documents, files and records are available for inspection at this location.
(1) Files containing the record of all docketed cases. A file is maintained for each docketed hearing case and for each docketed rule making proceeding. Cards summarizing the history of such cases are available for inspection in the Dockets Branch.
(2) Broadcast applications and related files.
(3) Files containing petitions for rule making and related papers.
(4) Rulings under the fairness doctrine and section 315 of the Communications Act, and related materials.
(c) The Library. Various legal and technical publications, and legislative history compilations, related to communications are available for inspection in the Library.
(d) The Mass Media Bureau, Auxillary Services Reference Room. The following documents, files and records are available for inspection at this location.
(1) International Broadcast applications and related files.
(2) FM Translator applications and related files.
(3) FM Booster station applications and related files.
(e) The Mass Media Bureau, Enforcement Division Reference Room. The following documents, files and records are available for inspection at this location.
(1) Station files containing Notice of Apparent Liability and Memorandum of Opinion and Order and related files.
(2) Congressional correspondence files and related materials.
(3) Network correspondence files and related materials.
(1) The Common Carrier Bureau, ACcounting and Audits Reference Room. The following documents, filles and
records are available for inspection at this location.
(1) Files containing contracts between carriers and affiliates, accounts and subaccounts, pension filings, property records, disposition units, and depreciation rate filings.
(2) Computer II files and related materials.
(3) Official correspondence files which include waiver requests and interpretations and related files.
(4) Docket 86–111 Implementation filings containing Cost Allocation Manuals and related materials.
(8) The Common Carrier Bureau, Domestic Facilities Reference Room. The following documents, files, and records are available for inspection at this location.
(1) Multi-Point Distribution Service application files and related materials.
(2) Space and earth station files and related materials.
(3) Section 214 applications and related files.
(h) The Common Carrier Bureau, Mobile Services Reference Room. The following documents, files and records are available for inspection at two different locations. The Legal Branch is the responsible custodian for both locations.
(1) Station files containing a complete history of data submitted by the applicant that has been approved by the Commission which includes maps, diagrams, petitions, co-channel searches, and other background material.
(2) Pending files containing applications for additional facilities or modifications of existing facilities.
(3) Cellular Granted Station files and related materials.
(4) Pending cellular applications and related files.
(5) Petitions and related materials.
(1) The Common Carrier Bureau, Industry Analysis Reference Room. The following documents, files and records are available for inspection at this location.
(1) Files containing reports required by FCC Rules and Regulations, annual reports to stockholders, administrative reports, monthly bypass reports and related materials.
(2) Files containing reference mate- 80.456 Other locations at which rial from major telephone companies. records may be inspected. (3) Files containing Local Exchange
Except as provided in $80.453, 0.457, Rates and related files.
and 0.459, records are routinely avail. (j) The Common Carrier Bureau Ref- able for inspection in the offices of the erence Room, Tariff Review Reference Bureau or Office which exercises reRoom. Contains currently effective tar- sponsibility over the matters to which iffs filed by Communications Common those records pertain (see $0.5), or will Carriers pursuant to various FCC Rules be made available for inspection at and Regulations. Also available for re- those offices upon request. Upon inview and copying are recent revisions quiry to the appropriate Bureau or Ofto tariff filings and the Public Ref- fice, persons desiring to inspect such erence Room Log which is prepared records will be directed to the specific daily and lists the tariff filings re- location at which the particular ceived the previous day.
records may be inspected. A list of Bu(k) The Office of Engineering and Tech- reaus and Offices and examples of the nology, FCC Laboratory Reference Room. records available at each is set out The following documents, files and below. records are available for inspection at (a) Mass Media Bureau which includes this location. Files containing ap the Cable Television Branch, the Fairproved applications for Equipment Au- ness/Political Programming Branch and thorization (Type accepted, type ap the Audio Services Division. proved, certified and notified) and re- (1) Applications for broadcast authorlated materials are available for re- izations and related files are available view. These files are available in the for public inspection in the Mass Media Commission's Laboratory in Columbia, and Dockets Reference Room. See Maryland.
$0.453(a)(2). Certain broadcast applica(1) The Private Radio Bureau Ref- tions, reports and records are also erence Room. Commercial radio opera- available for inspection in the commutor application files and all authoriza- nity in which the station is located or tions in the Private Radio Services and is proposed to be located. See $$ 73.3526 files relating thereto, which includes and 73.3527. Land Mobile, Microwave, Aviation (2) Ownership reports filed by licensGround and Marine Coast applications. ees of broadcast stations pursuant to All of these materials are available in $73.3615. the Commission's offices in Gettys- (3) Network affiliation contracts beburg, Pennsylvania. See $0.457(17(3). tween stations and networks (for teleThis reference room also contains sta- vision stations only). tion files containing applications and (4) Contracts relating to network related materials for Remote Pickup, service to broadcast licensees flled on Aural STLICR, TV Auxiliary, and Low or after the 1st day of May 1969 under Power Auxiliary Stations in the Mass $73.3613. Media services. This reference room (5) Annual employment reports filed also contains station files containing by licensees and permittees of broadapplications and related materials for broadcast stations pursuant to $73.3612. the Point-to-Point Microwave (includ- (6) Cable TV system reports filed by ing the Local Television Transmission operators pursuant to $76.403. Service) and Digital Electronic Mes- (7) Contract files which contain sage (DEMS) services in the Common pledges, trust agreements, options to Carrier services. Cards summarizing purchase stock agreements, partnerthe historical record of applications ship agreements, management consultand dispositions of the Broadcast Aux- ant agreements, and mortgage or loan iliary service through May 1982 are agreements. available for inspection as well.
(8) Rulings under the Fairness Doc(32 FR 10573, July 19, 1967, as amended at 36
trine and section 315 of the CommuFR 15121, Aug. 13, 1971; 46 FR 27655, May 21,
nications Act, and related materials. 1981; 50 FR 40014, Oct. 1, 1985; 52 FR 38764, (9) Ruling lists which contain brief Oct. 19, 1987; 58 FR 19772, Apr. 16, 1993)
summaries of rulings.