(a) In this service, the rules are divided into 10 volumes, each containing several related parts. Each volume may be purchased separately from the Superintendent of Documents. The purchase price for a volume includes a subscription to replacement pages reflecting changes in the rules contained therein until such time as the volume is revised. Each volume is revised periodically, depending primarily on the frequency with which the rules it contains have been amended. When a volume is revised, the revised volume and replacement pages therefor will be furnished to those who renew their sub scriptions.

(b) Subpart CC of Part 83 (How to Use Your VHF Marine Radio), Part 95—Subpart A (General Mobile Radio Services Rules and Regulations), Part 95-Subpart C (Radio Control Service Rules and Regulations), Part 95-Subpart D (Citizens Band Radio Service Rules and Regulations), Part 95-Subpart E (Technical Regulations Personal Radio Services), Part 97 (Amateur Radio Service), and Part 99 (Disaster Communications Service) are not included in the loose-leaf service, but instead available as separate pamphlets from the Superintendent of Documents. These pamphlets are revised annually or as required.

[41 FR 21449, May 26, 1976, as amended at 45 FR 49935, July 28, 1980] § 0.416 The Federal Communications Commission Reports. All documents currently adopted by the Commission having precedential or historical significance are published in the FCC Reports. The FCC Reports are published weekly in pamphlet form. The pamphlets are available on a subscription basis, and are subsequently compiled and published in bound volumes. Earlier volumes contain Commission decisions and reports but are less comprehensive than those currently being published. Supplements (to those earlier volumes) containing additional documents having precedential or historical significance will be issued from time to time. Current bound volumes contain indexes, tables of cases and other finding aids.

[32 FR 10571, July 19, 1967]

§ 0.417 The Annual Reports.

At the end of each fiscal year, the Commission publishes an Annual Report containing general information concerning the Commission and the history of regulation, a summary of developments during the year, and selected industry statistics.

[32 FR 10571, July 19, 1967]

$0.420 Other Commission publications.

The following additional Commission publications may be purchased from the Superintendent of Documents:

(a) Statistics of Communications Common Carriers. (b) Figure M-3, Estimated AM Ground Conductivity of the United States (set of two maps).

(c) Television Network Program Procurement Report, 2d Interim Report, Part 2, by the Office of Network Study. [32 FR 10571, July 19, 1967, as amended at 44 FR 39180, July 5, 1979] FORMS AND DOCUMENTS Available Uopn Request § 0.421 Application forms.

All forms for use in submitting applications for radio authorization, together with instructions and information as to filing such forms, may be obtained at the Washington

offices of the Commission or at any of the field offices listed in § 0.121. For information concerning the forms to be used and filing requirements, see Subparts D, E, F, and G, of Part 1 of this chapter and the appropriate substantive rules. [40 FR 17254, Apr. 18, 1975]

$ 0.422 Current action documents and public notices. A limited number of copies of the text of documents adopted by the Commission, public notices of Commission actions, and other public releases is made available at the Press and News Media Division when they are issued. Back issues of public releases are available for inspection in this office.

(47 U.S.C. 154, 155, 303)

[36 FR 15121, Aug. 13, 1971, as amended at 44 FR 12425, Mar. 7, 1979; 44 FR 70471, Dec. 7, 1979]

§ 0.423 Information bulletins.

A number of bulletins containing information about communications and the Federal Communications Commission have been prepared by the Commission for distribution to the public. A listing of these bulletins is included in ED Bulletin No. 1, "FCC Publications". Requests for bulletins should be directed to the Press and News Media Division.

(47 U.S.C. 154, 155, 303)

[36 FR 15121, Aug. 13, 1971, as amended at 44 FR 12425, Mar. 7, 1979; 44 FR 70471, Dec. 7, 1979]

LISTS CONTAINING INFORMATION COMPILED BY THE COMMISSION

§ 0.431 The FCC Service Frequency Lists.

Lists of frequency assignments to radio stations authorized by the Commission are recapitulated periodically by means of an automated record system. All stations licensed by the Commission are included, except the following: Aircraft, amateur, personal (except General Mobile Radio Service), Civil Air Patrol, and disaster. The resulting documents, the FCC service frequency lists, consist of several volumes arranged by nature of service, in frequency order, including station locations, call signs and other technical particulars of each assignment. These documents are available for public inspection at each of the Commission's Field Operations Bureau field offices (see § 0.121) and, in Washington, D.C., in the Office of Science and Technology. Copies may be purchased from the Commission's duplicating contractor. See § 0.465(a).

[42 FR 8326, Feb. 9, 1977, as amended at 44 FR 39180, July 5, 1979] § 0.432 The NARBA List.

Pursuant to the North American Regional Broadcast Agreement and the United States/Mexican Agreement, appropriate countries are notified of standard broadcast station assignments as they are made. The information thus supplied by notice includes frequency, station location, call letters, power and other technical particulars. Every 6 months, a recapitulative list containing this information for all existing standard broadcast stations, arranged in frequency order, is prepared by the Commission. This is the so-called NARBA list. These lists are available for public examination at each of the Commission's Field Operations Bureau field offices (see § 0.121), and in Washington, D.C. Copies may be purchased from the Commission's duplicating contractor. See § 0.465(a). [40 FR 17254, Apr. 18, 1975]

§ 0.433 The Radio Equipment Lists.

Lists of type approved and type accepted equipment (the radio equipment lists) are prepared periodically by the Commission. These documents are available for public inspection at each of the Commission's Field Operations Bureau field offices (see § 0.121) and in the Office of Science and Technology. Copies may be purchased from the Commission's duplicating contractor. See § 0.465(a).

[40 FR 17255, Apr. 18, 1975, as amended at 44 FR 39180, July 5, 1979]

§ 0.434 Lists of authorized broadcast stations and pending broadcast applications.

Periodically the FCC prepares lists containing information about authorized broadcast stations, pending applications for such stations, and rulemaking proceedings involving amendments to the Tables of Assignments. These lists, which are prepared from the FCC's engineering data bases, contain frequencies, station locations, and other particulars. They are available for public inspection at the FCC's Public Reference Room, Washington, D.C. Copies of the lists may be purchased from the FCC's duplicating contractor. See § 0.465(a). Copies of the data bases may be obtained from: National Technical and Information Service, Springfield, Virginia 22161, (703) 557-4660.

(a) For AM broadcast stations, the lists are arranged as follows:

(1) Pending construction permit applications for new stations and changes in existing facilities. There is one list arranged by frequency, one by state and city, and one by file number. Complete lists are prepared approximately every two weeks.

(2) There is currently no list of authorized stations available. (3) See also § 0.432, The NARBA List.

(b) For FM broadcast stations, the lists are arranged as follows:

(1) Authorized stations, pending construction permit applications, proposed rulemakings, vacant channels, and translators. There is one list available by state and city, and another list by frequency. Complete lists are prepared approximately once a month with updates each week.

(2) Vacant assignments and applications therefor. The list is in order by state and city. Complete lists are prepared approximately once a month; there are no updates.

(c) For TV stations, the lists are arranged as follows: (1) Authorized stations, pending construction permit applications, proposed rulemakings, and vacant channels in order of state and city. A complete list is prepared approximately once a month, with updates approximately each week.

(2) Vacant assignments and applications therefor. The list is in order by state and city. Complete lists are prepared approximately once a month; there are no updates.

(d) For TV broadcast translator stations, the lists contain authorized stations and pending construction permit applications for new stations and changes in existing facilities. There is one list arranged in order by state, city, and channel; and another list arranged in order by state, channel, and call. Complete lists are prepared approximately once a month, with updates each week.

(e) Users of the lists are cautioned that the data bases are unofficial listings. They have been prepared for the convenience of the FCC's staff, and should not be relied on by the public because in some instances the lists may not agree with the primary sources of information (e.g., official license

documents, international notifications, actual applications, and the like). Action by the public, such as the filing of applications, should be based on the primary sources of information and not on the lists. If there are discrepancies between the lists and the primary sources of information the latter control. Any error discovered in the lists should be brought to the attention of: Federal Communications Commission, Broadcast Bureau-Data Base Management Staff, Washington, D.C. 20554.

(f) The United States and its officers, agents and employees shall not be responsible or liable for any loss, expense or damage arising from or incident to the use of the lists by the public.

[45 FR 41151, June 18, 1980]

PUBLIC INFORMATION AND INSPECTION OF RECORDS

$ 0.441 General.

Any person desiring to obtain information may do so by writing or coming in person to any of the Commission's offices. A broader range of information and more comprehensive information facilities are available at the Commission's main office in Washington, D.C., however, and inquiries of a general nature should ordinarily be submitted to that office. [32 FR 10573, July 19, 1967]

§ 0.442 Disclosure to other Federal government agencies of information submitted to the Commission in confidence. (a) The disclosure of records to other federal government agencies is generally governed by 44 U.S.C. 3512 and 3508(a) rather than the Freedom of Information Act. The acceptance of materials in confidence under § 0.457 or § 0.459 does not provide assurance against their disclosure to other agencies. (b) Information submitted to the Commission in confidence pursuant to § 0.457(c) (2) and (3), (d) and (g) or § 0.459 will be disclosed to other agencies of the federal government upon request: Provided (1) Specific Commission assurances against such disclosure have not been given, (2) the other agency has established a legitimate need for the information, (3) disclosure is made subject to the provisions of 44 U.S.C. 3508(a), and (4) disclosure is not prohibited by the Privacy Act or other provisions of law.

(c) The Commission's staff may give assurances against disclosure of information to other federal agencies only with the prior written approval of the General Counsel. In no event will assurance against disclosure to other agencies be given in advance of submission of the information to the Commission if submission is required by statute or by the provisions of this chapter; but the notice provisions of paragraph (d) of this section will apply to such information.

(d)(1) Except as provided in paragraph (d)(2) of this section a party who furnished records to the Commission in confidence will be notified at the time that the request for disclosure is submitted and will be afforded 10 days in which to oppose disclosure.

(2) If the agency requesting the records states to the satisfaction of the Commission that notice to the party who furnished the records to the Commission will interfere unduly with its law enforcement activities and further states that it will notify that party of the Commission's disclosure once the potential for such interference is eliminated, the Commission will not give notice of disclosure.

(3) If notice is given to the party who furnished the records

to the Commission in confidence and disclosure is not opposed, the staff is authorized to make the records available to the agency which requested them.

(4) If disclosure is opposed and the Commission decides to make the records available to the other agency, the party who furnished the records to the Commission will be afforded ten (10) working days from the date of the ruling in which to move for a judicial stay of the Commission's action. If he does not move for stay within this period, the records will be disclosed. (e) Nothing in this section is intended to govern disclosure of information to Congress.

[44 FR 55573, Sept. 27, 1979; 44 FR 57096, Oct. 4, 1979]

§ 0.443 General information office.

The Press and News Media Division is located at 1919 M Street NW., Washington, D.C. Here the public may obtain copies of public notices of Commission actions, formal documents adopted by the Commission and other public releases as they are issued. Back issues of public releases are available for inspection in this office. Copies of fact sheets which answer general questions about the Commission may be obtained from this office.

(36 FR 15121, Aug. 13, 1971, as amended at 44 FR 12425, Mar. 7, 1979; 44 FR 70471, Dec. 7, 1979]

§ 0.445 Publication, availability and use of opinions, orders, policy statements, interpretations, administrative manuals, and staff instructions.

(a) All opinions and orders of the Commission (including concurring and dissenting opinions) are mailed to the parties and, as part of the record, are available for inspection in accordance with § 0.453 and 0.455.

(b) All final decisions and other documents currently adopted by the Commission having precedential or historical significance are published in the FCC Reports. Older materials of this nature are either published in the FCC Reports or are in the process of being published. In the event that such other materials are not yet published in the FCC Reports, reference should be made to Pike and Fischer Radio Regulations. See § 0.412(a) and 0.416.

(c) All rulemaking documents are published in the Federal Register. See § 0.411(b)(2).

(d) Formal policy statements and interpretations designed to have general applicability and legal effect are published in the Federal Register and the FCC Reports. See § 0.411(b)(2) and 0.416. Commission decisions and other Commission documents not entitled formal policy statements or interpretations may contain substantive interpretations and statements regarding policy, and these are published as part of the document in the FCC Reports. General statements regarding policy and interpretations furnished to individuals, in correspondence or otherwise, are not ordinarily published. A series of individual interpretations may be collected and published in the Federal Register and the FCC Reports.

(e) If the documents described in paragraphs (a) through (d) of this section are published in the Federal Register, the FCC Reports, or Pike and Fischer Radio Regulations, they may be relied upon, used or cited as precedent by the Commission or private parties in any matter. If they are not so published, they may not be relied upon, used or cited as precedent, except against persons who have actual notice of the document in question or by such persons against the Commission. No person is expected to comply with any requirement or policy

of the Commission unless he has actual notice of that requirement or policy or unless a document stating it has been published as provided in this paragraph. Nothing in this paragraph, however, shall be construed as precluding a reference to the rationale set forth in a recent document which is pending publication if the requirement or policy to which the rationale relates is contained in a published document or if actual notice of that requirement or policy has been given. (f) The Federal Register, the FCC Reports, and Pike and Fischer Radio Regulations are indexed. If the documents described in paragraphs (a)-(d) of this section are not published, they are neither indexed nor relied upon, except as provided in paragraph (e) of this section.

(g) There are two Commission staff manuals, the FCC Administrative Manual and the FOB Manual. The FCC Administrative Manual (excepting Part IX, concerning Civil Defense, which 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 (g) of this section, all general instructions to the staff and limitations upon its authority are set forth in those subparts. As part of the Commission'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.

(i) 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, eff. Aug. 9, 1985)

§ 0.451 Inspection of records: Generally.

(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 § 0.457 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,