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ies of those materials. If feasible, the materials to which the request applies shall be physically separated from any materials to which the request does not apply; if this is not feasible, the portion of the materials to which the request applies shall be identified.

(b) Each such request shall contain a statement of the reasons for withholding the materials from inspection (see §0.457) and of the facts upon which those reasons are based. If the request is that the materials be withheld from inspection for a limited period of time, that period shall be specified.

(c) Casual requests which do not comply with the requirements of paragraphs (a) and (b) of this section will not be considered.

(d) Requests which comply with the requirements of paragraphs (a) and (b) of this section will be acted on by the appropriate Bureau or Office Chief, who is directed to grant the request if it presents by a preponderance of the evidence a case for non-disclosure consistent with the provisions of the Freedom of Information Act, 5 U.S.C. 552. If the request is granted, the ruling will be placed in a public file in lieu of the materials withheld from public inspection. A copy of the ruling shall be forwarded to the General Counsel.

(e) If the materials are submitted voluntarily (i.e., absent any direction by the Commission), the person submitting them may request the Commission to return the materials without consideration if the request for confidentiality should be denied. In that event, the materials will ordinarily be returned (e.g., an application will be returned if it cannot be considered on a confidential basis); only in the unusual instance where the public interest so requires will the materials be made available for public inspection. If submission of the materials is required by the Commission and the request for confidentiality is denied, the materials will be made available for public inspection.

(f) If no request for confidentiality is submitted, the Commission assumes no obligation to consider the need for nondisclosure but, in the unusual instance, may determine on its own motion that the materials should be withheld from public inspection. See {0.457(g).

(g) If a request for confidentiality is denied, the person who submitted the request may, within 5 working days, file an application for review by the Commission. If the application for review is denied, the person who submitted the request will be afforded 5 working days in which to seek a judicial stay of the ruling. If these periods expire without action by the person who submitted the request, the materials will be returned to the person who submitted them or will be placed in a public file. Notice of denial and of the time for seeking review or a judicial stay will be given by telephone, with followup notice in writing. The first day to be counted in computing the time periods established in this subsection is the day after the date of oral notice.

(h) If the request is granted, the status of the materials is the same as that of materials listed in §0.457. Any person wishing to inspect them may submit a request for Inspection under §0.461.

[40 FR 7313, Feb. 19. 1975, as amended at 49 FR 21719, May 23. 1984; 55 FR 8951. Mar. 9. 1990]

§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 and to the provisions of §0.466 and paragraph (k) of this section, a person who wants to inspect such records need only appear at the specified location and ask to see the records.

(b) A person who does not want a copy of 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 request shall be submitted in writing, either in person or by mail.

(e) Written requests shall be captioned "REQUEST FOR INSPECTION OF RECORDS", shall be dated, shall list the telephone number (if any) of the person making the request 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 f 0.467)

(f) Written requests shall be delivered or mailed directly to the chief of the organizational unit having custody of the records, as listed in §§0.453 and 0.456. If the request is enclosed in an envelope, the envelope shall be marked, "REQUEST FOR INSPECTION OF RECORDS."

(g) When a written request is received by the custodian of the records, it will be date-stamped.

(h) 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.

(i) The records will be produced for inspection at the earliest possible time.

(j) 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.

(k) In addition to the other requirements of this section, the following provisions apply to the reports filed with the Commission pursuant to Subpart E of Part 19 of this chapter.

(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; (ill) 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; (li) 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.

(Sees. 4. 303, 307. 48 Stat., as amended, 1066,

1082, 1083; 47 U.S.C. 154, 303, 397; 18 U.8.C.

2070))

[40 FR 7314, Feb. 19, 1975, as amended at 45

FR 85027, Dec. 24, 1980; 48 FR 44800. Sept. 30,

1983; 53 FR 39093, Oct. 5. 1988]

§0.461 Requests for inspection of materials not routinely available for public inspection.

Any person desiring to inspect Commission records which are not listed in f 0.453 or {0.455 shall file a request for inspection meeting the requirements of this section.

(a) The records in question must be reasonably described by the person re

(2) Files containing reference material from major telephone companies.

(3) Files containing Local Exchange Rates and related files.

(J) The Common Carrier Bureau Reference Room, Tariff Review Reference Room. Contains currently effective tariffs filed by Communications Common Carriers pursuant to various FCC Rules and Regulations. Also available for review and copying are recent revisions to tariff filings and the Public Reference Room Log which is prepared daily and lists the tariff filings received the previous day.

(k) The Office of Engineering and Technology, FCC Laboratory Reference Room. The following documents, files and records are available for inspection at this location. Files containing approved applications for Equipment Authorization (Type accepted, type approved, certified and notified) and related materials are available for review. These files are available in the Commission's Laboratory in Columbia, Maryland.

(1) The Private Radio Bureau Reference Room. Commercial radio operator application files and all authorizations in the Private Radio Services and files relating thereto, which Includes Land Mobile, Microwave, Aviation Ground and Marine Coast applications. All of these materials are available in the Commission's offices in Gettysburg, Pennsylvania. See §0.457(0(3). This reference room also contains station files containing applications and related materials for Remote Pickup, Aural STL/ICR, TV Auxiliary, and Low Power Auxiliary Stations in the Mass Media services. This reference room also contains station files containing applications and related materials for the Point-to-Point Microwave (including the Local Television Transmission Service) and Digital Electronic Message (DEMS) services in the Common Carrier services. Cards summarizing the historical record of applications and dispositions of the Broadcast Auxiliary service through May 1962 are available for inspection as well.

[32 FR 10673, July 19, 1967, as amended at 36 FR 15121, Aug. 13. 1971; 46 FR 27656. May 21. 1961; 50 FR 40014. Oct. 1. 1965; 52 FR 38764. Oct. 19. 1967; 58 FR 19772. Apr. 16. 1993]

§0.455 Other locations at which records may be inspected.

Except as provided in §§0.453, 0.457, and 0.459, records are routinely available for inspection in the offices of the Bureau or Office which exercises responsibility over the matters to which those records pertain (see §0.5), or will be made available for inspection at those offices upon request. Upon inquiry to the appropriate Bureau or Office, persons desiring to inspect such records will be directed to the specific location at which the particular records may be inspected. A list of Bureaus and Offices and examples of the records available at each is set out below.

(a) Mass Media Bureau which includes the Cable Television Branch, the Fairness/Political Programming Branch and the Audio Services Division.

(1) Applications for broadcast authorizations and related files are available for public Inspection in the Mass Media and Dockets Reference Room. See §0.453(a)(2). Certain broadcast applications, reports and records are also available for inspection in the community in which the station Is located or is proposed to be located. See §§73.3526 and 73.3527.

(2) Ownership reports filed by licensees of broadcast stations pursuant to §73.3616.

(3) Network affiliation contracts between stations and networks (for television stations only).

(4) Contracts relating to network service to broadcast licensees filed on or after the 1st day of May 1969 under §73.3613.

(5) Annual employment reports filed by licensees and permittees of broadbroadcast stations pursuant to §73.3612.

(6) Cable TV system reports filed by operators pursuant to § 76.403.

(7) Contract files which contain pledges, trust agreements, options to purchase stock agreements, partnership agreements, management consultant agreements, and mortgage or loan agreements.

(8) Rulings under the Fairness Doctrine and section 315 of the Communications Act, and related materials.

(9) Ruling lists which contain brief summaries of rulings.

(10) Files containing Station History cards for stations in existence prior to 1962.

(11) All complaints against cable television operators filed under §§76.950 and 76.951 of this chapter, all documents filed In connection therewith, and all communications related thereto, unless the cable operator has submitted a request pursuant to §0.459 that such information not be made routinely available for public inspection.

(12) All cable operator requests for approval of existing or increased cable television rates for basic service and associated equipment over which the Commission has assumed jurisdiction pursuant to 47 CFR 76.913, and 76.943 of this chapter, all documents filed in connection therewith, and all communications related thereto, unless the cable operator has submitted a request pursuant to §0.459 that such information not be made routinely available for public inspection.

(b) Common Carrier Bureau which includes the Formal Complaints and Investigations Branch and the Informal Complaints and Public Inquiries Branch.

(1) Annual reports filed by carriers under §43.21 of this chapter.

(2) Monthly reports filed by carriers under §43.31 of this chapter.

(3) Reports on pensions and benefits filed by carriers under §43.42 of this chapter.

(4) Reports of proposed changes in depreciation rates filed by carriers under §43.43 of this chapter.

(5) Reports regarding division of International telegraph communications charges filed under §43.53 of this chapter.

(6) Reports regarding services performed by telegraph carriers filed under §43.54 of this chapter.

(7) Reports of public coast station operators filed under §43.71 of this chapter.

(8) Valuation reports filed under section 213 of the Communications Act, including exhibits filed in connection therewith, unless otherwise ordered by the Commission, with reasons therefor, pursuant to section 213(f) of the Communications Act. See §0.457(0(2).

(9) A list of other reports filed by common carriers.

(10) Contracts and other arrangements filed under §43.51 and reports of negotiations regarding foreign communication matters filed under §43.52 of this chapter, except for those kept confidential by the Commission pursuant to section 412 of the Communications Act. See §0.457(0(3).

(11) Tariff schedules for all charges for interstate and foreign wire or radio communications filed pursuant to section 203 of the Communications Act, all documents filed in connection therewith, and all communications related thereto.

(12) All applications for common carrier authorizations, both radio and nonradio, and files relating thereto.

(13) All formal and informal complaints against common carriers filed under §§1-711 through 1.735 of this chapter, all documents filed in connection therewith, and all comunications related thereto.

(14) Files relating to submarine cable landing licenses, except for maps showing the exact location of submarine cables, which are withheld from inspection under section 4(j) of the Communications Act. See §0.457(0(1 Xi).

(15) Annual employment reports filed by common carrier licensees or permittees pursuant to § 1.815 of this chapter.

(16) Enforcement proceedings and public inquiries and related materials.

(c) Office of Managing Director. (1) All minutes of Commission actions, containing a record of all final votes, minutes of actions and internal management matters as provided in § 0.457(b)(1) and (c)(l)(i). These records and files are available for inspection in the Agenda Branch.

(2) Files containing Information concerning the history of the Commission's rules. These files are available for inspection in the Publications Branch.

(3) See §0.443.

(4) Reports filed pursuant to Subpart E of Part 19 of this chapter and applications for inspection of such reports. See §0.460(k).

(d) [Reserved]

(e) Office of Engineering and Technology which includes the Bureau's Technical Library containing technical reports, technical journals, and bulrelating thereto, will not be made available for public inspection.

(5) Section 1905 of the Criminal Code, 18 U.S.C. 1905, prohibits the unauthorized disclosure of certain confidential information. See paragraph (d) of this section.

(d) Trade secrets and commercial or financial information obtained from any person and privileged or confidential, 5 U.S.C. 552(b)(4) and 18 U.S.C. 1905. Section 552(b)(4) is specifically applicable to trade secrets and commercial or financial information but is not limited to such matters. Under this provision, the Commission is authorized to withhold from public inspection materials which would be privileged as a matter of law if retained by the person who submitted them, and materials which would not customarily be released to the public by that person, whether or not such materials are protected from disclosure by a privilege. See, Attorney General's Memorandum on the Public Information Section of the Administrative Procedure Act, June 1967, at pages 32-34.

(1) The materials listed in this subparagraph have been accepted, or are being accepted, by the Commission on a confidential basis pursuant to 5 U.S.C. 552(b)(4). To the extent indicated in each case, the materials are not routinely available for public inspection. If the protection afforded is sufficient, it is unnecessary for persons submitting such materials to submit therewith a request for non-disclosure pursuant to §0.459. A persuasive showing as to the reasons for inspection will be required in requests for inspection of such materials submitted under §0.461.

(I) Financial reports submitted by licensees of broadcast stations pursuant to §1.611 of this chapter or by radio and television networks are not routinely available for public inspection. (Fees paid upon consummation of the assignment or transfer of a broadcast station license, pursuant to §1.1111 of this chapter, are computed from information contained in financial reports submitted pursuant to §1.611. Information and correspondence concerning such computations are not routinely available for public inspection.)

(II) Applications for equipment authorizations (type acceptance, type ap

proval, certification, or advance approval of subscription television systems), and materials relating to such applications, are not routinely available for public inspection prior to the effective date of the authorization. The effective date of the authorization will, upon request, be deferred to a date no earlier than that specified by the applicant. Following the effective date of the authorization, the application and related materials (including technical specifications and test measurements) will be made available for inspection upon request (see §0.460).

(iii) Schedules 2. 3, and 4 of financial reports submitted for cable television systems pursuant to §76.403 of this chapter.

(iv) Annual fee computation forms submitted for cable television systems pursuant to §76.406 of this chapter.

(2) Prior to July 4, 1967, the rules and regulations provided that certain materials submitted to the Commission would not be made available for public inspection or provided assurance, in varying degrees, that requests for nondisclosure of certain materials would be honored. See, e.g., 47 CFR (1966 ed.) 0.417, 2.557, 5.204, 5.255, 15.70. 21.406, 80.33, 87.153, 89.215, 91.208, 91.605 and 93.208. Materials submitted under these provisions are not routinely available for public inspection. To the extent that such materials were accepted on a confidential basis under the then existing rules, they are not routinely available for public inspection. The rules cited in this subdivision were superseded by the provisions of this paragraph, effective July 4, 1967. Equipment authorization information accepted on a confidential basis between July 4, 1967 and March 25, 1974. will not be routinely available for Inspection and a persuasive showing as to the reasons for inspection of such Information will be required in requests for inspection of such materials submitted under §0.461.

(i) Unless the materials to be submitted are listed in paragraph (dXD of this section and the protection thereby afforded is adequate, it is important for any person who submits materials which he wishes withheld from public inspection under 5 U.S.C. 552(b)(4) to submit therewith a request for non-dls

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