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 Federal  Communications  Commission  FCC  02-  19 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  matter  of 
 LTC  CONSULTING 
 On  Requests  for  Inspection  of  Records 


 )  ) 
 )  ) 
 ) 
 FOIA  Control  Nos.  21-  215,  21-  216,  and 
 21-  217 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  January  24,  2002  Released:  January  29,  2002 
 By  the  Commission: 
 1.  The  Commission  has  before  it  an  application  for  review  1  filed  by  Thomas  Allibone  of 
 LTC  Consulting  (LTC)  seeking  review  of  the  decisions  of  the  Common  Carrier  Bureau  (the  Bureau) 
 granting  in  part  his  Freedom  of  Information  Act  (FOIA)  requests  and  otherwise  finding  no  records 
 responsive  to  this  requests.  2  These  FOIA  requests  seek  precisely  the  same  information  sought  by  LTC 
 previously,  3  except  that  in  its  prior  request  LTC  sought  records  concerning  Verizon  New  Jersey,  and  in 
 these  three  FOIA  requests,  LTC  sought  records  concerning  Verizon  Pennsylvania,  Verizon 
 Massachusetts,  and  Verizon  New  York.  4 


 2.  The  Bureau  provided  the  information  requested  by  LTC.  5  LTC  then  filed  its  application 
 for  review.  The  application  for  review  was  virtually  verbatim  the  application  for  review  it  had  filed  in 
 FOIA  Control  No.  21-  111.  6  Subsequently,  the  Commission  issued  its  decision  denying  LTC’s  application 
 for  review  in  FOIA  Control  No.  21-  111.  LTC  was  informed  of  the  Commission’s  decision,  and  asked 
 whether  in  light  of  the  decision  it  wished  to  pursue  its  application  for  review  in  this  consolidated 
 proceeding.  LTC  responded  that  its  new  application  for  review  remained  “intact”  despite  the  decision  in 
 LTC  Consulting.  7  It  also  asked  the  Commission  to  take  action  against  Verizon  for  alleged  violations  of 
 FCC  record  retention  rules,  47  C.  F.  R.  Part  42.  8 


 1  Electronic  mail  from  Thomas  Allibone,  LTC  Consulting,  to  Office  of  General  Counsel  (received  September  10, 
 2001)  (App.  for  Rev.). 
 2  Letter  from  Joseph  T.  Hall,  Assistant  Bureau  Chief,  Management,  Common  Carrier  Bureau  (Aug.  9,  2001)  (Bureau 


 Decision). 
 3  See  LTC  Consulting,  Memorandum  Opinion  and  Order,  FOIA  Control  No.  21-  111,  FCC  01-  253  (rel.  Sept.  13, 


 2001),  at  ¶3  (describing  records  sought). 
 4  See  three  letters  from  Thomas  Allibone,  LTC  Consulting  to  Kenneth  P.  Moran,  Chief,  Accounting  Safeguards 


 Division,  Common  Carrier  Bureau  (July  5,  2001)  (designated  FOIA  Control  Nos.  21-  215,  21-  216,  and  21-  217). 
 5  Bureau  Decision. 


 6  Compare  App.  for  Rev.  in  FOIA  Control  Nos.  21-  215,  21-  216,  and  21-  217  (supra  n.  1)  with  App.  for  Rev.  in  FOIA 
 Control  No.  21-  211  (see  LTC  Consulting  at  1-  2  and  n.  7). 
 7  E-  mail  from  Thomas  Allibone,  LTC  Consulting,  to  Laurence  Schecker,  Office  of  General  Counsel  (Sept.  22, 


 2001).  See  also  e-  mail  from  Thomas  Allibone,  LTC  Consulting,  to  Laurence  Schecker,  Office  of  General  Counsel 
 (Sept.  25,  2001). 


 8  Id. 
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 Federal  Communications  Commission  FCC  02-  19 
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 3.  For  the  reasons  stated  in  LTC  Consulting,  LTC’s  application  for  review  is  denied.  In 
 addition,  we  are  construing  LTC’s  e-  mails  containing  complaints  concerning  Verizon  as  informal 
 complaints,  and  directing  the  Consumer  Information  Bureau  to  process  them  accordingly.  9  In  the  future, 
 however,  LTC  should  adhere  to  the  proper  procedures  for  filing  complaints.  10 


 4.  IT  IS  ORDERED  that  LTC  Consulting’s  application  for  review  IS  DENIED.  LTC 
 Consulting  may  seek  judicial  review  pursuant  to  5  U.  S.  C.  §  552(  a)(  4)(  B). 


 5.  The  officials  responsible  for  this  action  are  the  following  Commissioners:  Chairman 
 Powell,  Commissioners  Abernathy,  Copps,  and  Martin. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 William  F.  Caton 
 Acting  Secretary 


 9  See  LTC  Consulting  at  2  n.  13. 
 10  See  47  C.  F.  R.  §§  1.716-  1.  719  (informal  complaints);  47  C.  F.  R.  §§  1.720-  1.  736  (formal  complaints). 
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