Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Amendment of Part 0 of the Commission’s Rules 
Regarding Public Information, the Inspection of 
Records, and Implementing the Freedom of 
Information Act
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ERRATUM
Released:  April 6, 2009
By the Acting General Counsel:
On December 31, 2008, the Commission released an Order, FCC 08-282, in the above-captioned 
proceeding, that was published in the Federal Register on March 30, 2009 (74 Fed. Reg. 14073).  Some of 
the rules published in the Federal Register notice were numbered differently than in the Commission’s 
Order to conform to current Federal Register standards.  
This Erratum replaces the Order’s Appendix with the attached new Appendix.  The new 
Appendix contains the rules as published in the Federal Register.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Acting General Counsel
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APPENDIX
The Federal Communications Commission amends 47 CFR part 0 as follows:  
PART 0 – COMMISSION ORGANIZATION
SUBPART C – General Information
Public Information and Inspection of Records
1. The authority citation continues to read as follows:
AUTHORITY:  Sec. 5, 48 Stat. 1068, as amended: 47 U.S.C. 155, 225, unless otherwise noted.
2. Sections 0.441 through 0.470 are revised to read as follows:
Sec.
0.441 General.
0.442 Disclosure to other Federal government agencies of information submitted to the Commission in 
confidence.
0.445 Publication availability and use of opinions, orders, policy statements, interpretations, 
administrative manuals and staff instructions.
0.451 Inspection of records: Generally.
0.453 Public reference rooms.
0.455 Other locations at which records may be inspected.
0.457 Records not routinely available for public inspection.
0.458 Nonpublic information.
0.459 Requests that materials or information submitted to the Commission be withheld from public 
inspection.
0.460 Requests for inspection of records which are routinely available for public inspection.
0.461 Requests for inspection of materials not routinely available for public inspection.
0.463 Disclosure of Commission records and information in legal proceedings in which the 
Commission is a non-party.
0.465 Request for copies of materials which are available, or made available, for public inspection.
0.466 Definitions.
0.467 Search and review fees.
0.468 Interest.
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0.469 Advance payments
0.470 Assessment of fees.
§0.441 General.
(a)  Any person desiring to obtain information from the Commission may do so by contacting the 
Consumer and Governmental Affairs Bureau (CGB).  Requests for information and general 
inquiries may be submitted by:
(1) Internet at <www.fcc.gov/cgb/fccinfo> or <www.fcc.gov/foia>.  
(2) Telephone at 1–888-CALL-FCC (1-888-225-5322).
(3) TDD/TDY at 1-888-TELL-FCC (1-888-835-5322).
(4) Correspondence to: Consumer and Governmental Affairs Bureau, 445 – 12th Street, SW, 
Washington, DC 20554.
(5) Visiting the Reference Information Center of the Consumer and Governmental Affairs Bureau at 
Room CY-A257 of the Commission's main office at 445 – 12th Street, SW, Washington, DC 20554.
(6)  Facsimile at 1-866-418-0232.
(7)  Contacting the Commission’s Copy Contractor, see §0.465(a).
(b)  The Commission’s FOIA Public Liaison is available to assist any person requesting 
information from the Commission in resolving any concerns related to a Freedom of Information 
Act request.  See <www.fcc.gov/foia/>.
§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 the 
Paperwork Reduction Act, 44 U.S.C. 3510, rather than the Freedom of Information Act. The 
acceptance of materials in confidence under §0.457 or §0.459, or any other statute, rule or 
Commission order, does not preclude their disclosure to other federal agencies.
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(b) Information submitted to the Commission in confidence pursuant to §0.457(c)(2) and (3), (d) 
and (g) or §0.459, or any other statute, rule or order, may be disclosed to other agencies of the 
Federal government upon request or upon the Commission’s own motion, 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. 3510(b); 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 required 
submissions.
(d)(1) Except as provided in paragraphs (d)(2) and (d)(3) of this section, a party who furnished 
records to the Commission with a request for confidential treatment, see §0.459, will be notified 
at the time that the request for disclosure is submitted and will be afforded ten calendar days in 
which to submit an opposition to disclosure.  This notification may be made either individually 
or by public notice.
(2) If the agency requesting the records provides in writing 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, national security or homeland defense 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.
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(3) A party who furnished records to the Commission in confidence will not be afforded prior 
notice when the disclosure is made to the Comptroller General of the United States, in the 
Government Accountability Office.  Such a party will instead be notified of disclosure of the 
records to the Comptroller General either individually or by public notice.
(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 
calendar days from the date of the ruling to move for a judicial stay of the Commission's action. 
If the party does not move for stay within this period, the records will be disclosed.
(e) Except as provided in paragraph (d)(3) of this section, nothing in this section is intended to 
govern disclosure of information to Congress or the Comptroller General.
§0.445 Publication, availability and use of opinions, orders, policy statements, 
interpretations, administrative manuals, and staff instructions.
(a) Adjudicatory opinions and orders of the Commission, or its staff acting on delegated 
authority, are sent to the parties by mail, delivery service, or e-mail, unless the Commission 
determines that individual delivery would be unduly burdensome and instead issues a public 
notice of its decision.  As part of the record, these documents are generally available for 
inspection in accordance with §0.453 and §0.455.  In addition, many adjudicatory orders and 
opinions are available on the Commission’s website, <www.fcc.gov>.  In appropriate 
circumstances, the Commission may redact the copy made available to the public in order to 
protect information not routinely available to the public under §0.457, which is treated 
confidentially pursuant to a request under §0.459, or which is confidential pursuant to other 
statutes, regulations or orders.  
(b) Texts adopted by the Commission or a member of its staff on delegated authority and 
released through the Office of Media Relations are published in the FCC Record. Older materials 
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of this nature are available in the FCC Reports. In the event that such older materials are not 
published in the FCC Reports, reference should be made to the Federal Register or Pike and 
Fischer Communications Regulation.
(c) All rulemaking documents or summaries thereof are published in the Federal Register and are 
available on the Commission’s website. The complete text of the Commission decision also is 
released by the Commission and is available for inspection and copying during normal business 
hours in the Office of Media Relations, the Reference Information Center, via the Electronic 
Comment Filing System (ECFS), or as otherwise specified in the rulemaking document 
published in the Federal Register.  The complete texts of rulemaking decisions may also be 
purchased from the Commission’s copy contractor.
(d) Formal policy statements and interpretations designed to have general applicability are 
published in the Federal Register, the FCC Record, FCC Reports, or Pike and Fischer 
Communications Regulation.  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 Record, 
FCC Reports or Pike and Fischer Communications Regulation.  General statements regarding 
policy and interpretations furnished to individuals, in correspondence or otherwise, are not 
ordinarily published.
(e) If the documents described in paragraphs (a) through (d) of this section are published in the 
Federal Register, the FCC Record, FCC Reports, or Pike and Fischer Communications 
Regulation, they are indexed, and they may be relied upon, used or cited as precedent by the 
Commission or private parties in any manner.  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 
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comply with any requirement or policy of the Commission unless he or she has actual notice of 
that requirement or policy or 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 a 
recent document that is pending publication.
(f) 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.  All general instructions to the staff and limitations 
upon its authority are set forth in those subparts or in decisions of the Commission published in 
the Federal Register.  Instructions to the staff in particular matters or cases are privileged and/or 
protected and are not published or made available for public inspection.
(g) To the extent required to prevent a clearly unwarranted invasion of personal privacy, or to 
prevent disclosure of information required or authorized to be withheld by another statute, the 
Commission may delete identifying details or confidential information 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.
§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 
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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 that 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 
individualized determination is required.
(3) Procedures governing requests for inspection of these records are set forth in §0.461.
(4) Procedures governing demands by competent authority for inspection of these records are set 
forth in §0.463.
(5) Except as provided in §0.461 and §0.463, or pursuant to §19.735-203 of this chapter, no 
officer or employee of the Commission shall permit the inspection of records which are not 
routinely available for public inspection under §0.453 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.  Sections 0.467 and 0.465(c)(3) apply to requests for 
certified copies of Commission records.
(d) Search and copying fees. Section 0.465(c)(2) prescribes the per page fee for copying records 
made available for inspection under §0.460 or §0.461.  Section 0.466 prescribes fees to cover the 
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expense of searching for and reviewing records made available for inspection under §0.460 or 
§0.461.  Review of initial fee determinations under §0.467 through §0.470 and initial fee 
reduction or waiver determinations under §0.470(e) may be sought under §0.461(j).
Note to paragraph (d): The Commission may require advance payment pursuant to §0.469 
before releasing documents.
§0.453 Public reference rooms.
The Commission maintains the FCC Reference Information Center as its public reference room 
at its offices in Washington, DC.  Much of the information available from the public reference 
room may also be retrieved from the Commission's main Website at <www.fcc.gov> and its 
electronic reading room at <www.fcc.gov/foia/e-room.html>:
(a) The Reference Information Center. Maintains files containing the record of all docketed 
cases, petitions for rule making and related papers.  A file is maintained for each docketed 
hearing case and for each docketed rule making proceeding.  Cards summarizing the history of 
such cases for the years before 1984 are available for inspection.  Information summarizing the 
history of such cases for the years from 1984 through present is available online on the 
Electronic Comment Filing System (ECFS).
(b) Broadcast Services.  The following files and documents are available, including:
(1) Applications for radio and television broadcast station construction permits, licenses, modifications of 
facilities, license renewal, assignments and transfer of control, including any Commission correspondence 
or rulings pertaining to those applications;
(2) Petitions to deny, informal objections, and complaints directed against the stations and/or station 
applications;
(3) Ownership reports filed by licensees pursuant to §73.3615 of this chapter;
(4) Television network application contracts, radio and television time brokerage agreements, and other 
documents required to be filed under §73.3613 of this chapter;
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(5) Children’s television programming reports filed by commercial television licensees pursuant to 
§73.3526 of this chapter;
(6) Annual DTV ancillary/supplementary services reports filed by commercial and non-commercial 
educational digital television licensees pursuant to §73.624 of this chapter;
(7) Station requests for declaratory rulings, special temporary authorizations, and other waivers;
(8) Annual employment reports filed by licensees and permittees of broadcast stations pursuant to 
§73.3612 of this chapter; and.
(9) Responses from licensees to random audits of their Equal Employment Opportunity programs 
conducted pursuant to §73.2080 of this chapter.
(c) Common Carrier Services, including:
(1) Annual reports filed by carriers under §43.21 of this chapter;
(2) Reports of proposed changes in depreciation rates filed by carriers under §43.43 of this 
chapter;
(3)  Rate-of-return reports filed by price-cap and rate-of-return incumbent local exchange carriers 
under §65.600 of this chapter;
(4) All applications for common carrier authorizations acted upon by the Enforcement Bureau, 
and related files;
(5) 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 communications 
related thereto;
(6) Annual employment reports filed by common carrier licensees or permittees pursuant to 
§1.815 of this chapter;
(7) Enforcement proceedings and public inquiries and related materials;
(8) Cost Allocation Manuals and related materials;
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(9) Currently effective tariffs filed by Communications Common Carriers pursuant to various 
FCC Rules and Regulations; and
(10) Recent revisions to tariff filings and the Reference Information Center Log, which is 
prepared daily and lists the tariff filings received the previous day.
(d) Wireless Telecommunications Services and Auction related data including:
(1) Pending files containing applications for additional facilities or modifications of existing 
facilities;
(2) Cellular and Paging Granted Station files and related materials;
(3) Pending cellular and paging applications and related files;
(4) Electronically stored application and licensing data for commercial radio operators and for all 
authorizations in the Wireless Radio services are available for public inspection via the 
Commission's website, <wireless.fcc.gov/uls>.  Wireless Radio services include Commercial and 
Private Mobile Radio, Common Carrier and Private Operational Field point-to-point Microwave, 
Local Television Transmission Service (LTTS), Digital Electronic Message Service (DEMS), 
Aviation Ground and Marine Coast applications; and
(5) Petitions and related materials.
(e) International Services as follows, except to the extent they are excluded from routine public 
inspection under another section of this chapter:
(1) Satellite and earth station applications files and related materials under part 25 of this 
chapter;
(2) Section 214 applications and related files under part 63 of this chapter, to the extent that they 
concern international communications facilities and services;
(3) International Fixed Public Radio applications and related files under part 23 of this chapter;
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(4) Files relating to submarine cable landing licenses and applications for such licenses since 
June 30, 1934, except for maps showing the exact location of submarine cables, which are 
withheld from inspection under sec. 4(j) of the Communications Act, 47 U.S.C. 154(j) (see 
§0.457(c)(1)(i));
(5) International broadcast applications, applications for permission to deliver programming to 
foreign stations, and related files under part 73 of this chapter; and
(6)  Contracts and other arrangements filed under §43.51 of this chapter, except for those that are 
filed with a request for confidential treatment (see §0.459) or are deemed confidential pursuant 
to sec. 412 of the Communications Act (see also §0.457(c)(3)).
(f) Cable and other Multichannel Video Program Distribution Services.  The following files and 
records are available, including:
(1) Complaints regarding multichannel video programming, 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;
(2) Special relief petitions and files pertaining to cable television operations;
(3) Special relief petitions and files pertaining to DBS television operations;
(4) Petitions and related documents concerning the enforcement of regulations governing the 
installation of over-the-air reception devices (OTARD) pursuant to §1.4000 of this chapter;
(5) Filings by cable television operators, including Cable Signal Leakage Reports (Form 320 and 
§76.1804 of this chapter), Cable System Registration Statements (§76.1801 of this chapter), 
Cable System Operator Changes (§76.1610 of this chapter), Cable Aeronautical Frequency 
Notifications (§76.1804 of this chapter), Cable Annual Report (Form 325 and §76.403 of this 
chapter), and filings related to CARS licenses (Part 78 of this chapter).  
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Note to paragraph (f)(5): This data also is available at <www.fcc.gov/coals>. Electronic 
submissions for cable filings (excluding CARS) are mandatory.  Original forms are not available 
for information filed electronically, but the Reference Information Center or the Commission's 
Copy Contractor may assist in producing paper copies of information found in the COALS 
database;
(6) Annual employment reports filed by multichannel video programming distributors pursuant 
to §76.1802 of this chapter; and
(7)  Responses from multichannel video programming distributors to random audits of their 
Equal Employment Opportunity programs conducted pursuant to §76.77 of this chapter.
§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 Reference Information Center or 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.  Examples of the records available from Bureaus and 
Offices are set forth in paragraphs (a) through (c).
(a) Media Bureau.
(1) Rulings under secs. 312(a)(7), 315, and 317 of the Communications Act of 1934, as 
amended;
(2)  All materials associated with a rate proceeding for basic cable service and associated equipment over 
which the Commission has assumed jurisdiction pursuant to §76.913 of this chapter;   
(3) All materials associated with Commission review of franchise authority decisions concerning the rate 
charged for the basic cable service tier and associated equipment pursuant to §76.944 of this chapter;  
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(4) All materials associated with local government requests for authorization to regulate basic cable rates 
pursuant to §76.910 of this chapter (Form 328);
(5) All materials associated with the certification of Open Video System (OVS) operators pursuant to 
§76.1502 of this chapter;  
(6) A list of all registered cable communities is maintained electronically at <www.fcc.gov/mb>; and
(7) Public notices issued related to CARS licenses, Cable Special Relief Petitions, and other filings are 
available electronically at <www.fcc.gov/Document_Indexes/Media/>.
(b) 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)(1)(i). These records and 
files are available for inspection in the Office of the Secretary.
(2) Files containing information concerning the history of the Commission's rules. These files are 
available for inspection in the Office of the Secretary.
(3) Reports filed by employees pursuant to 5 CFR Parts 2634 and 3902 and applications for 
inspection of such reports. See §0.460(k).
(c) International Bureau.  (1) The treaties and other international and bilateral agreements listed 
in §73.1650 of this chapter are available for inspection in the office of the Chief, Strategic 
Analysis and Negotiations Division, International Bureau.  
(2)  Contracts and other arrangement filed under §43.51 of this chapter and reports of 
negotiations regarding foreign communication matters filed under §43.52 of this chapter, except 
those kept confidential pursuant to  sec. 412 of the Communications Act.  See §0.457(c)(3).
(3)  Files relating to international settlements under part 64 of this chapter.
§0.457 Records not routinely available for public inspection.
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The records listed in this section are not routinely available for public inspection pursuant to 5 
U.S.C. 552(b).  The records are listed in this section by category, according to the statutory basis 
for withholding those records from inspection; under each category, if appropriate, the 
underlying policy considerations affecting the withholding and disclosure of records in that 
category are briefly outlined. Except where the records are not the property of the Commission 
or where the disclosure of those records is prohibited by law, the Commission will entertain 
requests from members of the public under §0.461 for permission to inspect particular records 
withheld from inspection under the provisions of this section, and will weigh the policy 
considerations favoring non-disclosure against the reasons cited for permitting inspection in the 
light of the facts of the particular case. In making such requests, there may be more than one 
basis for withholding particular records from inspection.  The listing of records by category is 
not intended to imply the contrary but is solely for the information and assistance of persons 
making such requests.  Requests to inspect or copy the transcripts, recordings or minutes of 
closed agency meetings will be considered under §0.607 rather than under the provisions of this 
section.
(a) Materials that are specifically authorized under criteria established by Executive Order (E.O.) 
to be kept secret in the interest of national defense or foreign policy and are in fact properly 
classified pursuant to such Executive Order, 5 U.S.C. 552(b)(1).
(1)  Classified materials and information will not be made available for public inspection, including 
materials classified under E.O. 10450, “Security Requirements for Government Employees”; E.O. 10501, 
as amended, “Safeguarding Official Information in the Interests of the Defense of the United States”; and 
E.O. 12958, “Classified National Security Information,” or any other executive order concerning the 
classification of records.  See also 47 U.S.C. 154(j).
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(2)  Materials referred to another Federal agency for classification will not be disclosed while 
such a determination is pending.  
(b) Materials that are related solely to the internal personnel rules and practices of the 
Commission, 5 U.S.C. 552(b)(2).
(1) Materials related solely to internal management matters, including minutes of Commission 
actions on such matters (see paragraph (f) of this section).
(2) Materials relating to the negotiation of contracts.
(c) Materials that are specifically exempted from disclosure by statute (other than the 
Government in the Sunshine Act, 5 U.S.C. 552b, provided that such statute either requires that 
the materials be withheld from the public in such a manner as to leave no discretion on the issue, 
or establishes particular criteria for withholding or refers to particular types of materials to be 
withheld). The Commission is authorized under the following statutory provisions to withhold 
materials from public inspection.
(1) Section 4(j) of the Communications Act, 47 U.S.C. 154(j), provides, in part, that, “The 
Commission is authorized to withhold publication of records or proceedings containing secret 
information affecting the national defense.”  Pursuant to that provision, it has been determined 
that the following materials should be withheld from public inspection (see also paragraph (a) of 
this section):
(i) Maps showing the exact location of submarine cables.
(ii) Minutes of Commission actions on classified matters.
(iii) Maps of nation-wide point-to-point microwave networks.
(2) Under section 213 of the Communications Act, 47 U.S.C. 213(f), the Commission is 
authorized to order, with the reasons therefor, that records and data pertaining to the valuation of 
the property of common carriers and furnished to the Commission by the carriers pursuant to the 
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provisions of that section, shall not be available for public inspection. If such an order has been 
issued, the data and records will be withheld from public inspection, except under the provisions 
of §0.461.  Normally, however, such data and information is available for inspection. 
(3) Under sec. 412 of the Communications Act, 47 U.S.C. 412, the Commission may withhold 
from public inspection certain contracts, agreements and arrangements between common carriers 
relating to foreign wire or radio communication.  Any person may file a petition requesting that 
such materials be withheld from public inspection. To support such action, the petition must 
show that the contract, agreement or arrangement relates to foreign wire or radio 
communications; that its publication would place American communication companies at a 
disadvantage in meeting the competition of foreign communication companies; and that the 
public interest would be served by keeping its terms confidential.  If the Commission orders that 
such materials be kept confidential, they will be made available for inspection only under the 
provisions of §0.461.
(4) Section 605 of the Communications Act, 47 U.S.C. 605(a), provides, in part, that, “no person 
not being authorized by the sender shall intercept any communication [by wire or radio] and 
divulge or publish the existence, contents, substance, purport, effect, or meaning of such 
intercepted communications to any person.” In executing its responsibilities, the Commission 
regularly monitors radio transmissions. Except as required for the enforcement of the 
communications laws, treaties and the provisions of this chapter, or as authorized in sec. 605, the 
Commission is prohibited from divulging information obtained in the course of these monitoring 
activities; and such information, and materials relating thereto, will not be made available for 
public inspection.
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(5) Section 1905 of the federal criminal code, the Trade Secrets Act, 18 U.S.C. 1905, prohibits 
the unauthorized disclosure of certain confidential information. See paragraph (d) of this section 
and §19.735-203 of this chapter.
(d) Trade secrets and commercial or financial information obtained from any person and 
privileged or confidential—categories of materials not routinely available for public inspection, 5 
U.S.C. 552(b)(4) and 18 U.S.C. 1905.
(1) The materials listed in this paragraph 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 submitted under §0.461 for inspection of such materials.
(i) Financial reports submitted by radio or television licensees.
(ii) Applications for equipment authorizations (type acceptance, type approval, 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). Portions of applications for equipment 
certification of scanning receivers and related materials will not be made available for inspection. 
(iii) Information submitted in connection with audits, investigations and examination of records 
pursuant to 47 U.S.C. 220.
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(iv) Programming contracts between programmers and multichannel video programming 
distributors.
(v) The rates, terms and conditions in any agreement between a U.S. carrier and a foreign carrier 
that govern the settlement of U.S. international traffic, including the method for allocating return 
traffic, if the U.S. international route is exempt from the international settlements policy under 
§43.51(e)(3) of this chapter.
(vi)  Outage reports filed under Part 4 of this chapter.
(vii)  The following records, relating to coordination of satellite systems pursuant to procedures codified 
in the International Telecommunication Union (ITU) Radio Regulations:
(A) Records of communications between the Commission and the ITU related to the international 
coordination process, and 
(B) Documents prepared in connection with coordination, notification, and recording of frequency 
assignments and Plan modifications, including but not limited to minutes of meetings, supporting 
exhibits, supporting correspondence, and documents and correspondence prepared in connection with 
operator-to-operator arrangements.
Note to paragraph (d): The content of the communications described in paragraph (d)(1)(vii)(A) of this 
section is in some circumstances separately available through the ITU's publication process, or through 
records available in connection with the Commission's licensing procedures
(2) Unless the materials to be submitted are listed in paragraph (d)(1) of this section and the 
protection thereby afforded is adequate, any person who submits materials which he or she 
wishes withheld from public inspection under 5 U.S.C. 552(b)(4) must submit a request for non-
disclosure pursuant to §0.459. If it is shown in the request that the materials contain trade secrets 
or privileged or confidential commercial, financial or technical data, the materials will not be 
made routinely available for inspection; and a persuasive showing as to the reasons for 
inspection will be required in requests for inspection submitted under §0.461. In the absence of a 
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request for non-disclosure, the Commission may, in the unusual instance, determine on its own 
motion that the materials should not be routinely available for public inspection. 
(e) Interagency and intra-agency memoranda or letters, 5 U.S.C. 552(b)(5). Interagency and 
intra-agency memoranda or letters and the work papers of members of the Commission or its 
staff will not be made available for public inspection, except in accordance with the procedures 
set forth in §0.461.  Normally such papers are privileged and not available to private parties 
through the discovery process, since their disclosure would tend to restrain the commitment of 
ideas to writing, would tend to inhibit communication among Government personnel, and would, 
in some cases, involve premature disclosure of their contents.
(f) Personnel, medical and other files whose disclosure would constitute a clearly unwarranted 
invasion of personal privacy, 5 U.S.C. 552(b)(6). Under E.O. 10561, the Commission maintains 
an Official Personnel Folder for each of its employees. Such folders are under the jurisdiction 
and control, and are a part of the records, of the U.S. Office of Personnel Management. Except as 
provided in the rules of the Office of Personnel Management (5 CFR 293.311), such folders will 
not be made available for public inspection by the Commission.  In addition, other records of the 
Commission containing private, personal or financial information concerning particular 
employees and Commission contractors will be withheld from public inspection.
(g) Under 5 U.S.C. 552(b)(7), records compiled for law enforcement purposes, to the extent that 
production of such records:
(1) Could reasonably be expected to interfere with enforcement proceedings;
(2) Would deprive a person of a right to fair trial or an impartial adjudication;
(3) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;
(4) Could reasonably be expected to disclose the identity of a confidential source;
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(5) Would disclose investigative techniques or procedures or would disclose investigative 
guidelines if such disclosure could reasonably be expected to risk circumvention of the law; or
(6) Could reasonably be expected to endanger the life or physical safety of any individual.
§0.458 Nonpublic information.
Any person regulated by or practicing before the Commission coming into possession of written 
nonpublic information (including written material transmitted in electronic form) as described in 
§19.735–203(a) of this chapter under circumstances where it appears that its release was 
inadvertent or otherwise unauthorized shall be obligated to and shall promptly return the 
information to the Commission's Office of Inspector General without further distribution or use.  
See 47 CFR 19.735–203.
§0.459 Requests that materials or information submitted to the Commission be withheld 
from public inspection.
(a)(1)  Any person submitting information or materials to the Commission may submit therewith 
a request that such information not be made routinely available for public inspection. (If the 
materials are specifically listed in §0.457, such a request is unnecessary.)  A copy of the request 
shall be attached to and shall cover all of the materials to which it applies and all copies 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.  In the latter circumstance, where 
confidential treatment is sought only for a portion of a document, the person submitting the 
document shall submit a redacted version for the public file.
(2)  Comments and other materials may not be submitted by means of the Commission’s 
Electronic Comment Filing System (ECFS) with a request for confidential treatment under this 
section.
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(3)  The Commission may use abbreviated means for indicating that the submitter of a record 
seeks confidential treatment, such as a checkbox enabling the submitter to indicate that the 
record is confidential.  However, upon receipt of a request for inspection of such records 
pursuant to §0.461, the submitter will be notified of such request pursuant to §0.461(d)(3) and 
will be requested to justify the confidential treatment of the record, as set forth in paragraph (b) 
of this section.
(b) Except as provided in §0.459(a)(3), 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 
records are based, including:
(1) Identification of the specific information for which confidential treatment is sought;
(2) Identification of the Commission proceeding in which the information was submitted or a 
description of the circumstances giving rise to the submission;
(3) Explanation of the degree to which the information is commercial or financial, or contains a 
trade secret or is privileged;
(4) Explanation of the degree to which the information concerns a service that is subject to 
competition;
(5) Explanation of how disclosure of the information could result in substantial competitive 
harm;
(6) Identification of any measures taken by the submitting party to prevent unauthorized 
disclosure;
(7) Identification of whether the information is available to the public and the extent of any 
previous disclosure of the information to third parties;
(8) Justification of the period during which the submitting party asserts that material should not 
be available for public disclosure; and
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(9) Any other information that the party seeking confidential treatment believes may be useful in 
assessing whether its request for confidentiality should be granted.
(c) Casual requests (including simply stamping pages “confidential”) which do not comply with 
the requirements of paragraphs (a) and (b) of this section will not be considered.
(d)(1) If a response in opposition to a confidentiality request is filed, the party requesting 
confidentiality may file a reply within ten business days.  All responses or replies filed under this 
paragraph must be served on all parties.
(2) Requests which comply with the requirements of paragraphs (a) and (b) of this section will be 
acted upon by the appropriate custodian of records (see §0.461(d)(1)), who is directed to grant 
the request if it demonstrates by a preponderance of the evidence that non-disclosure is 
consistent with the provisions of the Freedom of Information Act, 5 U.S.C. 552.  If the request 
for confidentiality is granted, the ruling will be placed in the public file in lieu of the materials 
withheld from public inspection. 
(3)  The Commission may defer acting on requests that materials or information submitted to the 
Commission be withheld from public inspection until a request for inspection has been made 
pursuant to §0.460 or §0.461. The information will be accorded confidential treatment, as 
provided for in §0.459(g) and §0.461, until the Commission acts on the confidentiality request 
and all subsequent appeal and stay proceedings have been exhausted.
(e) If the materials are submitted voluntarily (i.e., absent any requirement by statute, regulation, 
or 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.  However, no materials 
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submitted with a request for confidentiality will be returned if a request for inspection has been 
filed under §0.461. 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 once the 
period for review of the denial has passed.
(f) If no request for confidentiality is submitted, the Commission assumes no obligation to 
consider the need for non-disclosure 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 
ten business 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 ten business 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 follow-up notice in writing.  The first day to be counted in 
computing the time periods established in this paragraph is the day after the date of oral notice.  
Materials will be accorded confidential treatment, as provided in §0.459(g) and §0.461, until the 
Commission acts on any timely applications for review of an order denying a request for 
confidentiality, and until a court acts on any timely motion for stay of such an order denying 
confidential treatment.
(h) If the request for confidentiality 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.
(i) Third party owners of materials submitted to the Commission by another party may 
participate in the proceeding resolving the confidentiality of the materials.
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§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 website, located at <www.fcc.gov> and the Commission’s electronic reading 
room, located on its website at <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.
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(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 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:
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(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))
§0.461 Requests for inspection of materials not routinely available for public inspection.
Any person desiring to inspect Commission records that are not listed in §0.453 or §0.455 shall 
file a request for inspection meeting the requirements of this section.  The FOIA Public Liaison 
is available to assist persons seeking records under this section.  See §0.441(a).
(a)(1) Records include: 
(i) Any information that would be an agency record subject to the requirements of the Freedom 
of Information Act when maintained by the Commission in any format, including an electronic 
format; and
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(ii) Any information maintained for the Commission by an entity under Government contract, for 
purposes of records management.
(2) The records in question must be reasonably described by the person requesting them, so as to 
permit their location by staff personnel with a reasonable amount of effort.  Whenever possible, a 
request should include specific information about each record sought, such as the title or name, 
author, recipient, and subject matter of the record.  Requests should also specify the date or time 
period for the records sought.  The custodian of records sought may contact the requester to 
obtain further information about the records sought to assist in locating them. 
(3) The person requesting records under this section may specify the form or format of the 
records to be produced provided that the records may be made readily reproducible in the 
requested form or format.
(b)(1) Requests shall be captioned “Freedom of Information Act Request,” shall be dated, shall 
list the telephone number (if any), street address, and e-mail address (if any) of the person 
making the request, and should reasonably describe, for each document requested (see 
§0.461(a)(1)), all information known to the person making the request that would be helpful in
identifying and locating the document.  
(2) The request shall, in addition, specify the maximum search fee the person making the request 
is prepared to pay or a request for waiver or reduction of fees if the requester is eligible (see 
§0.470(e)).  By filing a FOIA request, the requester agrees to pay all applicable fees charged 
under §0.467, unless the person making the request seeks a waiver of fees (see §0.470(e)), in 
which case the Commission will rule on the waiver request before proceeding with the search.  
(c) If the records are of the kinds listed in §0.457 or if they have been withheld from inspection 
under §0.459, the request shall, in addition, contain a statement of the reasons for inspection and 
the facts in support thereof.  In the case of other materials, no such statement need accompany 
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the request, but the custodian of the records may require the submission of such a statement if he 
or she determines that the materials in question may lawfully be withheld from inspection.
(d)(1) Requests shall be 
(i) Delivered or mailed to the Managing Director, FCC, 445 – 12th Street, SW, Room 1-A836, 
Washington, DC  20554;
(ii) Sent by e-mail to <foia@fcc.gov>; 
(iii) Filed electronically though the Internet at <www.fcc.gov/foia/#reqform>; or 
(iv) Sent by facsimile to (202) 418-2826 or (202) 418-0521. 
If the request is filed by mail or facsimile, an original and two copies of the request shall be 
submitted.  If the request is enclosed in an envelope, the envelope shall be marked, “Freedom of 
Information Act Request.”
(2)  For purposes of this section, the custodian of the records is the Chief of the Bureau or Office 
where the records are located.  The Chief of the Bureau or Office may designate an appropriate 
person to act on a FOIA request.   
(3)  If the request is for materials submitted to the Commission by third parties and not open to 
routine public inspection under §0.457(d), §0.459, or another Commission rule or order, or if a 
request for confidentiality is pending pursuant to §0.459, or if the custodian of records has reason 
to believe that the information may contain confidential commercial information, one copy of the 
request will be provided by the custodian of the records (see §0.461(e)) to the person who 
originally submitted the materials to the Commission.  If there are many persons who originally 
submitted the records and are entitled to notice under this paragraph, the custodian of records 
may use a public notice to notify the submitters of the request for inspection.  The submitter or 
submitters will be given ten calendar days to respond to the FOIA request.  See §0.459(d)(1).  If 
a submitter has any objection to disclosure, he or she is required to submit a detailed written 
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statement specifying all grounds for withholding any portion of the information (see §0.459).  
This response shall be served on the party seeking to inspect the records.  The requester may 
submit a reply within ten business days unless a different period is specified by the custodian of 
records.  The reply shall be served on all parties that filed a response.  In the event that a 
submitter fails to respond within the time specified, the submitter will be considered to have no 
objection to disclosure of the information.
Note to paragraph (d)(3): Under the ex parte rules, §1.1206(a)(7) of this chapter, a proceeding 
involving a FOIA request is a permit-but-disclose proceeding, but is subject to the special service 
rules in this paragraph.  We also note that while the FOIA request itself is a permit-but-disclose 
proceeding, a pleading in a FOIA proceeding may also constitute a presentation in another 
proceeding if it addresses the merits of that proceeding.  
(e)(1)  When the request is received by the Managing Director, it will be assigned to the Freedom 
of Information Act (FOIA) Control Office, where it will be date-stamped and assigned to the 
appropriate custodian of the records.  A FOIA request is then considered properly received.  This 
will occur no later than ten calendar days after the request is first received by the agency.
(2)(i) Except for the purpose of making a determination regarding expedited processing under 
paragraph (h) of this section, the time for processing a request for inspection of records will be 
tolled 
(A)While the custodian of records seeks reasonable clarification of the request;
(B) Until clarification with the requester of issues regarding fee assessment occurs, including: 
(1) While there is an unresolved fee waiver issue pending under §0.470(e), unless the requester 
has provided a written statement agreeing to pay some or all of the fees pending the outcome of 
the waiver question;
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(2)  Following the denial of a fee waiver, unless the requester had provided a written statement 
agreeing to pay the fees if the fee waiver was denied; 
(3) Where advance payment is required pursuant to §0.469 and has not been made.
(ii)  Only one Commission request for information shall be deemed to toll the time for processing 
a request for inspection of records under §0.461(e)(2)(i)(A).  Such request must be made no later 
than ten calendar days after a request is properly received by the custodian of records under 
§0.461(e)(1).
(3)  The FOIA Control Office will send an acknowledgement to the requester notifying the 
requester of the control number assigned to the request, the due date of the response, and the 
telephone contact number (202-418-0440) to be used by the requester to obtain the status of the 
request.  Requesters may also obtain the status of a FOIA request via email at foia@fcc.gov.  
(4)  Multiple FOIA requests by the same or different FOIA requesters may be consolidated for 
disposition.  See also §0.470(b)(2).
(f) Requests for inspection of records will be acted on as follows by the custodian of the records.
(1) If the Commission is prohibited from disclosing the records in question, the request for 
inspection will be denied with a statement setting forth the specific grounds for denial.
(2)(i)  If records in the possession of the Commission are the property of another agency, the 
request will be referred to that agency and the person who submitted the request will be so 
advised, with the reasons for referral. 
(ii) If it is determined that the FOIA request seeks only records of another agency or department, 
the FOIA requester will be so informed by the FOIA Control Officer and will be directed to the 
correct agency or department.
(3) If it is determined that the Commission does not have authority to withhold the records from 
public inspection, the request will be granted.
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(4) If it is determined that the Commission does have authority to withhold the records from 
public inspection, the considerations favoring disclosure and non-disclosure will be weighed in 
light of the facts presented, and the request will be granted, either conditionally or 
unconditionally, or denied.
(5) If there is a statutory basis for withholding part of a document from inspection, that part will 
be deleted and the remainder will be made available for inspection.  Records disclosed in part 
shall be marked or annotated to show the amount of information deleted unless doing so would 
harm an interest protected by an applicable exemption.  The location of the information deleted 
and the exemption under which the deletion is made also shall be indicated on the record, if 
technically feasible.  
(6) In locating and recovering records responsive to a FOIA request, only those records within 
the Commission's possession and control as of the date of its receipt of the request shall be 
considered.
(g)(1)  The custodian of the records will make every effort to act on the request within twenty 
business days after it is received and date-stamped by the FOIA Control Office.  However, if a 
request for clarification has been made under §0.461(e)(2)(i)(A) or an issue is outstanding 
regarding the payment of fees for processing the FOIA request is pending under 
§0.461(e)(2)(i)(B), the counting of time will start upon resolution of these requests.  If it is not 
possible to locate the records and to determine whether they should be made available for 
inspection within twenty business days, the custodian may, in any of the following 
circumstances, extend the time for action by up to ten business days:
(i) It is necessary to search for and collect the requested records from field facilities or other 
establishments that are separate from the office processing the request.
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(ii) It is necessary to search for, collect and appropriately examine a voluminous amount of 
separate and distinct records which are demanded in a single request; or
(iii) It is necessary to consult with another agency having a substantial interest in the 
determination of the request, or among two or more components of the Commission having 
substantial subject matter interest therein.
(2)  The custodian of the records will notify the requester in writing of any extension of time 
exercised pursuant to paragraph (g) of this section.  The custodian of the records may also call 
the requester to extend the time provided a subsequent written confirmation is provided.  If it is 
not possible to locate the records and make the determination within the extended period, the 
person or persons who made the request will be provided an opportunity to limit the scope of the 
request so that it may be processed within the extended time limit, or an opportunity to arrange 
an alternative time frame for processing the request or a modified request, and asked to consent 
to an extension or further extension.  If the requester agrees to an extension, the custodian of the 
records will confirm the agreement in a letter or e-mail specifying the length of the agreed-upon 
extension.  If he or she does not agree to an extension, the request will be denied, on the grounds 
that the custodian has not been able to locate the records and/or to make the determination within 
the period for a ruling mandated by the Freedom of Information Act, 5 U.S.C. 552.  In that event, 
the custodian will continue to search for and/or assess the records and will advise the person who 
made the request of further developments; but that person may file an application for review by 
the Commission.  When action is taken by the custodian of the records, written notice of the 
action will be given.  Records will be made available with the written notice of action or as soon 
thereafter as is feasible.
(3)  If the custodian of the records grants a request for inspection of records submitted to the 
Commission in confidence under §0.457(d), §0.459, or some other Commission rule or order, the 
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custodian of the records will give the submitter written notice of the decision and of the 
submitter’s right to seek review pursuant to §0.461(i).
(h)(1) Requesters who seek expedited processing of FOIA requests shall submit such requests, 
along with their FOIA requests, to the Managing Director, as described in §0.461(d).  If the 
request is enclosed in an envelope, the envelope shall be marked “Request for Expedited 
Proceeding—FOIA Request.”  An original and two copies of the request for expedition shall be 
submitted, but only one copy is necessary if submitted by e-mail or by the Internet.  When the 
request is received by the Managing Director, it, and the accompanying FOIA request, will be 
assigned to the FOIA Control Office, where it will be date-stamped and assigned to the custodian 
of records.
(2) Expedited processing shall be granted to a requester demonstrating a compelling need that is 
certified by the requester to be true and correct to the best of his or her knowledge and belief.
(3) For purposes of this section, compelling need means—
(i) That failure to obtain requested records on an expedited basis could reasonably be expected to 
pose an imminent threat to the life or physical safety of an individual; or
(ii) With respect to a request made by a person primarily engaged in disseminating information, 
there is an urgency to inform the public concerning actual or alleged Federal Government 
activity.
(4)(i)  Notice of the determination whether to grant expedited processing shall be provided to the 
requester by the custodian of records within ten calendar days after receipt of the request by the 
FOIA Control Office.  Once the determination has been made to grant expedited processing, the 
custodian shall process the FOIA request as soon as practicable.
(ii)  If a request for expedited processing is denied, the person seeking expedited processing may 
file an application for review within five business days after the date of the written denial.  The 
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application for review and the envelope containing it (if any) shall be captioned “Review of 
FOIA Expedited Proceeding Request.”  The application for review shall be delivered or mailed 
to the General Counsel.  (For general procedures relating to applications for review, see §1.115 
of this chapter.)  The Commission shall act expeditiously on the application for review, and shall 
notify the custodian of records and the requester of the disposition of such an application for 
review.
(i)(1)  If a request for inspection of records submitted to the Commission in confidence under 
§0.457(d), §0.459, or another Commission rule or order is granted in whole or in part, an 
application for review may be filed by the person who submitted the records to the Commission, 
by a third party owner of the records or by a person with a personal privacy interest in the 
records, or by the person who filed the request for inspection of records within the ten business 
days after the date of the written ruling.  The application for review and the envelope containing 
it (if any) shall be captioned “Review of Freedom of Information Action.”  The application for 
review shall be filed within ten business days after the date of the written ruling, shall be 
delivered or mailed to the General Counsel, and shall be served on the person who filed the 
request for inspection of records and any other parties to the proceeding.  The person who filed 
the request for inspection of records may respond to the application for review within ten 
business days after it is filed.
(2)  The first day to be counted in computing the time period for filing the application for review 
is the day after the date of the written ruling.  If an application for review is not filed within this 
period, the records will be produced for inspection. 
(3)  If an application for review is denied, the person filing the application for review will be 
notified in writing and advised of his or her rights.
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(4)  If an application for review filed by the person who submitted, owns, or has a personal 
privacy interest in the records to the Commission is denied, or if the records are made available 
on review which were not initially made available, the person will be afforded ten business days 
from the date of the written ruling in which to move for a judicial stay of the Commission's 
action.  The first day to be counted in computing the time period for seeking a judicial stay is the 
day after the date of the written ruling.  If a motion for stay is not made within this period, the 
records will be produced for inspection.
(j)  Except as provided in paragraph (i) of this section, an application for review of an initial 
action on a request for inspection of records, a fee determination (see §0.467 through §0.470), or 
a fee reduction or waiver decision (see § 0.470(e)) may be filed only by the person who made the 
request.  The application shall be filed within 30 calendar days after the date of the written ruling 
by the custodian of records.  The application for review and the envelope (if any) shall be 
captioned, “Review of Freedom of Information Action.”  The application shall be delivered or 
mailed to the General Counsel.  If the proceeding involves records subject to confidential 
treatment under §0.457 or §0.459, or involves a person with an interest as described in §0.461(i), 
the application for review shall be served on such persons.  That person may file a response 
within ten business days after the application for review is filed.  If the records are made 
available for review, the person who submitted them to the Commission will be afforded ten 
business days after the date of the written ruling to seek a judicial stay.  See paragraph (i) of this 
section.  The first day to be counted in computing the time period for filing the application for 
review or seeking a judicial stay is the day after the date of the written ruling. 
Note to paragraphs (i) and (j): The General Counsel may review applications for review with 
the custodian of records and attempt to informally resolve outstanding issues with the consent of 
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the requester.  For general procedures relating to applications for review, see §1.115 of this 
chapter.
(k)(1)(i)  The Commission will make every effort to act on an application for review of an action 
on a request for inspection of records within twenty business days after it is filed.  In the 
following circumstances and to the extent time has not been extended under paragraphs (g)(1)(i), 
(ii), or (iii) of §0.461(g) of this section, the Commission may extend the time for acting on the 
application for review up to ten business days.  (The total period of extensions taken under this 
paragraph and under paragraph (g) of this section without the consent of the person who 
submitted the request shall not exceed ten business days.):
(A) It is necessary to search for and collect the requested records from field facilities or other 
establishments that are separate from the office processing the request;
(B) It is necessary to search for, collect and appropriately examine a voluminous amount of 
separate and distinct records which are demanded in a single request; or
(C) It is necessary to consult with another agency having a substantial interest in the 
determination of the request or among two or more components of the Commission having 
substantial subject matter interest therein.
(ii)  If these circumstances are not present, the person who made the request may be asked to 
consent to an extension or further extension. If the requester or person who made the request 
agrees to an extension, the General Counsel will confirm the agreement in a letter specifying the 
length of the agreed-upon extension. If the requestor or person who made the request does not 
agree to an extension, the Commission will continue to search for and/or assess the records and 
will advise the person who made the request of further developments; but that person may file a 
complaint in an appropriate United States district court.
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(2)  The Commission may at its discretion or upon request consolidate for consideration related 
applications for review filed under §0.461(i) or §0.461(j).
(l)(1)  Subject to the application for review and judicial stay provisions of paragraphs (i) and (j) 
of this section, if the request is granted, the records will be produced for inspection at the earliest 
possible time.  
(2)  If a request for inspection of records becomes the subject of an action for judicial review 
before the custodian of records has acted on the request, or before the Commission has acted on 
an application for review, the Commission may continue to consider the request for production 
of records.
(m)  Staff orders and letters ruling on requests for inspection are signed by the official (or 
officials) who give final approval of their contents.  Decisions of the Commission ruling on 
applications for review will set forth the names of the Commissioners participating in the 
decision.
(n) Records shall be inspected within seven 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.
§0.463 Disclosure of Commission records and information in legal proceedings in which the 
Commission is a non-party. 
(a)  This section sets forth procedures to be followed with respect to the production or disclosure 
of any material within the custody and control of the Commission, any information relating to 
such material, or any information acquired by any person while employed by the Commission as 
part of the person’s official duties or because of the person’s official status.
(b) In the event that a demand is made by a court or other competent authority outside the 
Commission for the production of records or testimony (e.g., a subpoena, order, or other 
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demand), the General Counsel shall promptly be advised of such demand, the nature of the 
records or testimony sought, and all other relevant facts and circumstances.  The General 
Counsel, in consultation with the Managing Director, will thereupon issue such instructions as he 
or she may deem advisable consistent with this subpart.
(c) A party in a court or administrative legal proceeding in which the Commission is a non-party 
who wishes to obtain records or testimony from the Commission shall submit a written request to 
the General Counsel.  Such request must be accompanied by a statement setting forth the nature 
of the proceeding (including any relevant supporting documentation, e.g., a copy of the 
Complaint), the relevance of the records or testimony to the proceeding (including a proffer 
concerning the anticipated scope and duration of the testimony), a showing that other evidence 
reasonably suited to the requester’s needs is not available from any other source (including a 
request submitted pursuant to §0.460 or §0.461 of the Commission’s rules), and any other 
information that may be relevant to the Commission’s consideration of the request for records or 
testimony.  The purpose of the foregoing requirements is to assist the General Counsel in making 
an informed decision regarding whether the production of records or the testimony should be 
authorized.
(d)  In deciding whether to authorize the release of records or to permit the testimony of present 
or former Commission personnel, the General Counsel, in consultation with the Managing 
Director, shall consider the following factors:
(1) Whether the request or demand would involve the Commission in issues or controversies 
unrelated to the Commission's mission;
(2)  Whether the request or demand is unduly burdensome;
(3) Whether the time and money of the Commission and/or the United States would be used for 
private purposes;
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(4) The extent to which the time of employees for conducting official business would be 
compromised;
(5) Whether the public might misconstrue variances between personal opinions of employees and 
Commission policy;
(6) Whether the request or demand demonstrates that the records or testimony sought are 
relevant and material to the underlying proceeding, unavailable from other sources, and whether 
the request is reasonable in its scope;
(7) Whether, if the request or demand were granted, the number of similar requests would have a 
cumulative effect on the expenditure of Commission resources;
(8)  Whether the requestor has agreed to pay search and review fees as set forth in §0.467 of this 
subpart;
(9) Whether disclosure of the records or the testimony sought would otherwise be inappropriate 
under the circumstances; and
(10) Any other factor that is appropriate.
(e) Among those demands and requests in response to which compliance will not ordinarily be 
authorized are those with respect to which any of the following factors exist:
(1) Disclosure of the records or the testimony would violate a statute, Executive Order, rule, or 
regulation;
(2) The integrity of the administrative and deliberative processes of the Commission would be 
compromised;
(3) Disclosure of the records or the testimony would not be appropriate under the rules of 
procedure governing the case or matter in which the demand arose;
(4) Disclosure of the records, including release in camera, or the testimony, is not appropriate or 
required under the relevant substantive law concerning privilege;
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(5) Disclosure of the records, except when in camera and necessary to assert a claim of privilege, 
or of the testimony, would reveal information properly classified or other matters exempt from 
unrestricted disclosure; or
(6) Disclosure of the records or the testimony could interfere with ongoing Commission 
enforcement proceedings or other legal or administrative proceedings, compromise constitutional 
rights, reveal the identity of an intelligence source or confidential informant, or disclose trade 
secrets or similarly confidential commercial or financial information.
(f)  The General Counsel, following consultation with the Managing Director and any relevant 
Commission Bureau or Office, is authorized to approve non-privileged testimony by a present or 
former employee of the Commission or the production of non-privileged records in response to a 
valid demand issued by competent legal authority, or a request for records or testimony received 
under this section, and to assert governmental privileges on behalf of the Commission in 
litigation that may be associated with any such demand or request. 
(g) Any employee or former employee of the Commission who receives a demand for records of 
the Commission or testimony regarding the records or activities of the Commission shall 
promptly notify the General Counsel so that the General Counsel may take appropriate steps to 
protect the Commission’s rights.   
Secs. 4(i), 303(r), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(r); 5 
U.S.C. 301; 47 CFR 0.231(d))
§ 0.465 Request for copies of materials which are available, or made available, for public 
inspection.
(a) The Commission awards a contract to a commercial duplication firm to make copies of 
Commission records and offer them for sale to the public.  In addition to the charge for copying, 
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the contractor may charge a search fee for locating and retrieving the requested documents from 
the Commission's files.
Note to paragraph (a): The name, address, telephone number, and schedule of fees for the 
current copy contractor are published at the time of contract award of renewal in a public notice 
and periodically thereafter.  Current information is available at <www.fcc.gov/foia> and 
<www.fcc.gov/cgb>.  Questions regarding this information should be directed to the Reference 
Information Center of the Consumer and Governmental Affairs Bureau at 202-418-0270.
(b) Audio or video recordings or transcripts of Commission proceedings are available to the 
public through the Commission’s current copy contractor.  In some cases, only some of these 
formats may be available.
(c)(1)  Contractual arrangements which have been entered into with commercial firms, as 
described in this section, do not in any way limit the right of the public to inspect Commission 
records or to retrieve whatever information may be desired. Coin-operated and debit card copy 
machines are available for use by the public.
(2)  The Commission has reserved the right to make copies of its records for its own use or for 
the use of other agencies of the U.S. Government.  When it serves the regulatory or financial 
interests of the U.S. Government, the Commission will make and furnish copies of its records 
free of charge. In other circumstances, however, if it should be necessary for the Commission to 
make and furnish copies of its records for the use of others, the fee for this service shall be ten 
cents ($0.10) per page or $5 per computer disk in addition to charges for staff time as provided in 
§0.467.  For copies prepared with other media, such as computer tapes, microfiche, videotape, 
the charge will be the actual direct cost including operator time. Requests for copying should be 
accompanied by a statement specifying the maximum copying fee the person making the request 
is prepared to pay. If the Commission estimates that copying charges are likely to exceed the 
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greater of $25 or the amount which the requester has indicated that 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.
Note to paragraph (c)(2): The criterion considered in acting on a waiver request is whether 
“waiver or reduction of the fee is in the public interest because furnishing the information can be 
considered as primarily benefiting the general public.” 5 U.S.C. 552(a)(4)(A).  A request for a 
waiver or reduction of fees will be decided by the General Counsel as set forth in §0.470(e).  
(3)  Certified Documents. Copies of documents which are available or made available, for 
inspection under §0.451 through §0.465, will be prepared and certified, under seal, by the 
Secretary or his or her designee.  Requests shall be in writing, specifying the exact documents, 
the number of copies desired, and the date on which they will be required. The request shall 
allow a reasonable time for the preparation and certification of copies. The fee for preparing 
copies shall be the same as that charged by the Commission as described in §0.465(c)(2).  The 
fee for certification shall be $10 for each document.
(d)(1)  Computer maintained databases produced by the Commission and available to the public 
may be obtained from the FCC's web site at <www.fcc.gov> or if unavailable on the 
Commission’s website, from the copy contractor.
Note to paragraph (d)(1): The Commission awards a contract to provide the public with access 
to FCC databases from the copy contractor.  See note to paragraph (a) of this section.
(2)  Copies of computer generated data stored as paper printouts or electronic media and 
available to the public may also be obtained from the Commission’s copy contractor (see 
paragraph (a) of this section).
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(3)  Copies of computer source programs and associated documentation produced by the
Commission and available to the public may be obtained from the Office of the Managing 
Director.
(e)  This section does not apply to records available on the Commission’s website, 
<www.fcc.gov>, or printed publications which may be purchased from the Superintendent of 
Documents or private firms (see §0.411 through §0.420), nor does it apply to application forms 
or information bulletins, which are prepared for the use and information of the public and are 
available upon request (see §0.421 and §0.423) or on the Commission’s website, 
<www.fcc.gov/formpage.html>.
(f)  Anyone requesting copies of documents pursuant to this section may either come in person to 
the Commission (see §0.461) or request that the copy contractor fulfill the request. If a request 
goes directly to the contractor, the requester will be charged by the contractor pursuant to the 
price list set forth in the latest contract.  
§0.466 Definitions.
(a) For the purpose of §0.467 and §0.468, the following definitions shall apply:
(1) The term direct costs means those expenditures which the Commission actually incurs in 
searching for and duplicating (and in case of commercial requesters, reviewing) documents to 
respond to a FOIA request.  Direct costs include the salary of the employee performing the work 
(the basic rate of pay for the employee plus twenty percent of that rate to cover benefits), and the 
cost of operating duplicating machinery.  Not included in direct costs are overhead expenses, 
such as costs of space, and heating or lighting the facility in which the records are stored.
(2) The term search includes all time spent looking for material that is responsive to a request, 
including page-by-page or line-by-line identification of material contained within documents. 
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Such activity should be distinguished, however, from “review” of material in order to determine 
whether the material is exempt from disclosure (see paragraph (a)(3) of this section).
(3) The term review refers to the process of examining documents located in response to a 
commercial use request (see paragraph (a)(4) of this section) to determine whether any portion of 
a document located is exempt from disclosure. It also includes processing any documents for 
disclosure, e.g., performing such functions that are necessary to excise them or otherwise prepare 
them for release.  Review does not include time spent resolving general legal or policy issues 
regarding the application of FOIA exemptions.  
(4) The term commercial use request refers to a request from or on behalf of one who seeks 
information for a use or purpose that furthers the commercial interests of the requester. In 
determining whether a requester properly falls within this category, the Commission shall 
determine the use to which a requester will put the documents requested.  Where the 
Commission has reasonable cause to question the use to which a requester will put the 
documents sought, or where that use is not clear from the request itself, the Commission shall 
seek additional clarification before assigning the request to a specific category.  The 
dissemination of records by a representation of the news media (see §0.466(a)(7)) shall not be 
considered to be for a commercial use.
(5) The term educational institution refers to a preschool, a public or private elementary or
secondary school, an institution of graduate higher education, an institution of professional 
education and an institution of vocational education, which operates a program or programs of 
scholarly research.
(6) The term non-commercial scientific institution refers to an institution that is not operated on a 
commercial basis as that term is referenced in paragraph (a)(4) of this section, and which is 
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operated solely for the purpose of conducting scientific research the results of which are not 
intended to promote any particular product or industry.
(7) The term representative of the news media refers to any person or entity that gathers 
information of potential interest to a segment of the public, uses its editorial skills to turn the raw 
materials into a distinct work, and distributes that work to an audience.  In this clause, the term 
news means information that is about current events or that would be of current interest to the 
public.  Examples of news-media entities are television or radio stations broadcasting to the 
public at large and publishers of periodicals (but only if such entities qualify as disseminators of 
news) who make their products available for purchase or subscription by, or free distribution to, 
the general public.  These examples are not all-inclusive. Moreover, as methods of news delivery 
evolve (for example, the adoption of electronic dissemination of newspapers through 
telecommunications services), such alternative media shall be considered to be news-media 
entities.  A freelance journalist shall be regarded as working for a news-media entity if the 
journalist can demonstrate a solid basis for expecting publication through that entity, whether or 
not the journalist is actually employed by the entity.  A publication contract would present a 
solid basis for such an expectation; the Commission may also consider the past publication 
record of the requester in making such a determination.  See 5 U.S.C. 552(a)(4)(A)(ii).
(8)  The term all other requester refers to any person not within the definitions in paragraphs 
(a)(4) through (a)(7) of this paragraph.
(b)  Reserved.
§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 
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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 
website, <www.fcc.gov/foia/#feeschedule>.
(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 and include twenty percent for personnel benefits.  Search 
and review fees will be assessed in ¼ hour increments.
(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 
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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 request.
(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.
§0.468 Interest.
Interest shall be charged those requesters who fail to pay the fees charged.  The agency will 
begin assessing interest charges on the amount billed starting on the 31st day following the day 
on which the billing was sent.  The date on which the payment is received by the agency will 
determine whether and how much interest is due. The interest shall be set at the rate prescribed in 
31 U.S.C. 3717.
§0.469 Advance payments.
(a)  The Commission may not require advance payment of estimated FOIA fees except as 
provided in paragraph (b) or where the Commission estimates or determines that allowable 
charges that a requester may be required to pay are likely to exceed $250.00 and the requester 
has no history of payment.  Where allowable charges are likely to exceed $250.00 and the 
requester has a history of prompt payment of FOIA fees the Commission may notify the 
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requester of the estimated cost and obtain satisfactory assurance of full payment.  Notification 
that fees may exceed $250.00 is not, however, a prerequisite for collecting fees above that 
amount.
(b)  Where a requester has previously failed to pay a fee charged in a timely fashion (i.e., within 
30 days of the date of the billing), the Commission may require the requester to pay the full 
amount owed plus any applicable interest as provided in §0.468, and to make an advance 
payment of the full amount of the estimated fee before the Commission begins to process a new 
request or a pending request from that requester.
(c)  When the Commission acts under paragraph (a) of this section, the administrative time limits 
prescribed in §§0.461(g) and (k) (i.e., twenty business days from receipt of initial requests and 
twenty business days from receipt of appeals from initial denials, plus permissible extensions of 
these time limits (see §0.461(g)(1)(i) through (iii) and §0.461(k)(1)(i) through (iii)) will begin 
only after the agency has received the fee payments described in this section.  See 
§0.461(e)(2)(ii) and §0.467(e)(2).
§0.470 Assessment of fees.
(a)(1) Commercial use requesters.
(i)  When the Commission receives a request for documents for commercial use, it will assess 
charges that recover the full direct cost of searching for, reviewing and duplicating the records 
sought pursuant to §0.466 and §0.467, above. 
(ii)  Commercial use requesters shall not be assessed search fees if the Commission fails to 
comply with the time limits under §0.461(g)(1), if no unusual or exceptional circumstances 
(§0.461(g)(1)(i) through (iii)) apply to the processing of the request.  
(2) Educational and non-commercial scientific institution requesters and requesters who are 
representatives of the news media.
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(i)  The Commission shall provide documents to requesters in these categories for the cost of 
reproduction only, pursuant to §0.465 above, excluding reproduction charges for the first 100 
pages, provided however, that requesters who are representatives of the news media shall be 
entitled to a reduced assessment of charges only when the request is for the purpose of 
distributing information.
(ii)  Educational requesters or requesters who are representatives of the news media shall not be 
assessed fees for the cost of reproduction if the Commission fails to comply with the time limits 
under §0.461(g)(1), if no unusual or exceptional circumstances (§0.461(g)(1)(i) through (iii)) 
apply to the processing of the request.
(3) All other requesters.
(i)  The Commission shall charge requesters who do not fit into any of the categories above fees 
which cover the full, reasonable direct cost of searching for and reproducing records that are 
responsive to the request, pursuant to §0.465 and §0.467, except that the first 100 pages of 
reproduction and the first two hours of search time shall be furnished without charge.
(ii)  All other requesters shall not be assessed search fees if the Commission fails to comply with 
the time limits under §0.461(g)(1), if no unusual or exceptional circumstances (§0.461(g)(1)(i) 
through (iii)) apply to the processing of the request.
(b)(1) The 100 page restriction on assessment of reproduction fees in paragraphs (a)(2) and (a)(3) 
of this section refers to 100 paper copies of a standard size, which will normally be “8 1/2 × 11” 
or “11 × 14,” or microfiche containing the equivalent of 100 pages or 100 pages of computer 
printout.  
(2)  When the agency reasonably believes that a requester or group of requesters is attempting to
segregate a request into a series of separate individual requests for the purpose of evading the 
assessment of fees, the agency will aggregate any such requests and assess charges accordingly.
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(c)  When a requester believes he or she is entitled to a reduced fee assessment pursuant to 
paragraphs (a)(2) and (a)(3) of this section, or a waiver pursuant to paragraph (e) of this section, 
the requester must include, in his or her original FOIA request, a statement explaining with 
specificity, the reasons demonstrating that he or she qualifies for a reduced fee or a fee waiver. 
Included in this statement should be a certification that the information will not be used to further 
the commercial interests of the requester.
Note to paragraph (c): Anyone requesting a reduced fee or a fee waiver must submit the 
request directly to the Commission and not to the contractor who will provide documents only at 
the contract price.
(d)  If the Commission reasonably believes that a commercial interest exists, based on the 
information provided pursuant to paragraph (c) of this section, the requester shall be so notified 
and given an additional ten business days to provide further information to justify receiving a 
reduced fee.  See §0.467(e)(2).  During this time period, the materials will be available for 
inspection to the extent that the time period exceeds the time period for responding to FOIA 
requests, as appropriate.
(e)(1)  Copying, search and review charges shall be waived or reduced by the General Counsel 
when “disclosure of the information is in the public interest because it is likely to contribute 
significantly to public understanding of the operations or activities of the government and is not 
primarily in the commercial interest of the requester.” 5 U.S.C. 552(a)(4)(A)(iii).  Simply 
repeating the fee waiver language of section 552(a)(4)(A)(iii) is not a sufficient basis to obtain a 
fee waiver.
(2)  The criteria used to determine whether disclosure is in the public interest because it is likely to 
contribute significantly to public understanding of the operations or activities of the government include:
(i) Whether the subject of the requested records concerns the operations or activities of the government;
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(ii) Whether the disclosure is likely to contribute to an understanding of government operations or 
activities; and
(iii) Whether disclosure of the requested information will contribute to public understanding as opposed 
to the individual understanding of the requester or a narrow segment of interested persons.
(3) The criteria used to determine whether disclosure is primarily in the commercial interest of the 
requester include:
(i) Whether the requester has a commercial interest that would be furthered by the requested disclosure; 
and, if so
(ii) Whether the magnitude of the identified commercial interest of the requester is sufficiently large, in 
comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of 
the requester.
(4) This request for fee reduction or waiver must accompany the initial request for records and will be 
decided under the same procedures used for record requests.
(5) If no fees or de minimis fees would result from processing a FOIA request and a fee waiver 
or reduction has been sought, the General Counsel will not reach a determination on the waiver 
or reduction request.
(f) Whenever the total fee calculated under this section is $15 or less, no fee will be charged. 
(g) Review of initial fee determinations under §0.467 through §0.470 and initial fee reduction or 
waiver determinations under §0.470(e) may be sought under §0.461(j).