Goto Section: 0.459 | 0.461 | Table of Contents

FCC 0.460
Revised as of October 1, 2013
Goto Year:2012 | 2014
§  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 the Federal 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 for records routinely available for public
   inspection under § §  0.453 and 0.455 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))

   [ 74 FR 14078 , Mar. 30, 2009, as amended at  76 FR 24389 , May 2, 2011]

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Goto Section: 0.459 | 0.461

Goto Year: 2012 | 2014
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