FCC 0.467 Revised as of December 4, 2012
Goto Year:2011 |
§ 0.467 Search and review fees.
(a)(1) Subject to the provisions of this section, an hourly fee shall
be charged for recovery of the full, allowable direct costs of
searching for and reviewing records requested under § 0.460 or § 0.461,
unless such fees are reduced or waived pursuant to § 0.470. The fee is
based on the pay grade level of the FCC's employee(s) who conduct(s)
the search or review, or the actual hourly rate of FCC contractors or
other non-FCC personnel who conduct a search.
Note to paragraph ( a )(1): The fees for FCC employees will be modified
periodically to correspond with modifications in the rate of pay
approved by Congress and any such modifications will be announced by
public notice and will be posted on the Commission's Web site,
(2) The fees specified in paragraph (a)(1) of this section are computed
at Step 5 of each grade level based on the General Schedule or the
hourly rate of non-FCC personnel, including in addition twenty percent
for personnel benefits. Search and review fees will be assessed in 1⁄4
(b) Search fees may be assessed for time spent searching, even if the
Commission fails to locate responsive records or if any records located
are determined to be exempt from disclosure.
(c) The Commission shall charge only for the initial review, i.e. , the
review undertaken initially when the Commission analyzes the
applicability of a specific exemption to a particular record. The
Commission shall not charge for review at the appeal level of an
exemption already applied. However, records or portions of records
withheld in full under an exemption that is subsequently determined not
to apply may be reviewed again to determine the applicability of other
exemptions not previously considered. The costs of such a subsequent
review, under these circumstances, are properly assessable.
(d) The fee charged will not exceed an amount based on the time
typically required to locate records of the kind requested.
(e)(1) If the Commission estimates that search charges are likely to
exceed the greater of $25 or the amount which the requester indicated
he/she is prepared to pay, then it shall notify the requester of the
estimated amount of fees. Such a notice shall offer the requester the
opportunity to confer with Commission personnel with the object of
revising or clarifying the request. See § 0.465(c)(2) and § 470(d).
(2) The time for processing a request for inspection shall be tolled
while conferring with the requester about his or her willingness to pay
the fees required to process the request. See § 0.461(e).
(f) When the search has been completed, the custodian of the records
will give notice of the charges incurred to the person who made the
(g) The fee shall be paid to the Financial Management Division, Office
of Managing Director, or as otherwise directed by the Commission.
(h) Records shall be inspected within seven days after notice is given
that they have been located and are available for inspection. See
§ 0.461(n). After that period, they will be returned to storage, and
additional charges may be imposed for again producing them.
[ 74 FR 14078 , Mar. 30, 2009, as amended at 76 FR 24390 , May 2, 2011]
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