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 Federal  Communications  Commission  FCC  03-  166 
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 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 DIGITAL  CONTROL  CORPORATION 
 On  Request  for  Inspection  of  Records 


 )  ) 
 )  ) 
 ) 
 FOIA  Control  No.  2003-  119 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  July  8,  2003  Released:  July  10,  2003 
 By  the  Commission: 


 1.  This  order  denies  an  application  for  review  filed  by  Digital  Control  Corporation  (DCC),  seeking  review  of  a  decision  of  the  Enforcement  Bureau  (EB)  which  denied  DCC’s 
 Freedom  of  Information  Act  (FOIA)  request. 
 2.  DCC  sought  information  related  to  a  letter  from  EB  alleging  that  DCC  sold  marine  radio  transceivers  for  non-  marine  radio  service  applications  in  violation  of  the  terms  and 


 conditions  of  the  equipment’s  grant.  DCC  requested  “the  name  and  address  of  the  party  initiating  the  complaint  [against  DCC].  If  this  complaint  was  made  in  writing  to  you  by  the 
 complaining  party,  Digital  Control  Corporation  respectfully  requests  a  copy  of  this  letter.”  1  EB  responded  that  it  was  withholding  the  requested  information  pursuant  to  FOIA  Exemption  7(  D), 
 5  U.  S.  C.  §  552(  b)(  7)(  D),  because  “production  of  such  records  or  information  could  reasonably  be  expected  to  disclose  the  identity  of  a  confidential  source.”  2  DCC  sought  review  of  the 
 Bureau’s  decision,  3  asserting  that  “This  is  entirely  a  civil  matter  involving  a  commercial  product.  We  see  no  justification  to  withhold  the  identity  of  the  complaining  party  as  a  confidential  source 
 as  defined  by  the  statutes  if  the  complaining  party  is  a  private  enterprise  or  individual.” 
 3.  On  review,  we  find  no  reason  to  disturb  the  Bureau’s  decision.  FOIA  Exemption  7(  D)  permits  withholding  of  “records  or  information  compiled  for  law  enforcement  purposes  .  .  . 


 1  Letter  from  John  D.  Cattel,  President,  Digital  Control  Corporation  to  Mr.  Gregory  Weiss,  Deputy  Assistant  Chief, 
 Office  of  Management  and  Resources  (Dec.  6,  2002)  (FOIA  Control  No.  2003-  119).  2 
 Letter  from  Joseph  P.  Casey,  Chief,  Technical  and  Public  Safety  Division,  Enforcement  Bureau,  to  Mr.  John  D.  Cattel,  Digital  Control  Corporation  (Jan.  22,  2003). 


 3  Letter  from  John  D.  Cattel,  President,  Digital  Control  Corporation  to  Joseph  P.  Casey,  Chief,  Technical  and  Public 
 Safety  Division,  Enforcement  Bureau  (Feb.  24,  2003).  DCC’s  appeal  was  untimely  based  on  the  date  of  EB’s  decision  (January  22,  2003).  However,  it  appears  that  EB’s  decision  was  not  mailed  until  February  21,  2003.  Under 


 these  particular  circumstances,  we  will  treat  DCC’s  appeal  as  timely. 
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 Federal  Communications  Commission  FCC  03-  166 
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 to  the  extent  that  .  .  .  production  .  .  .  could  reasonably  be  expected  to  disclose  the  identity  of  a  confidential  source  .  .  .  .”  4  The  fact  that  this  is  a  civil  matter  does  not  warrant  a  different  result, 
 since  “the  law  enforcement  purposes  protected  by  exemption  7  include  both  civil  and  criminal  purposes.”  5  Confidential  sources  include  both  “private  institutions”  6  and  individuals.  7  Because, 
 the  complaint  against  DCC  was  made  with  an  express  request  for  confidentiality,  Exemption  7(  D)  was  properly  applied  to  withhold  information  contained  in  agency  records  regarding  the 
 identity  of  this  source.  8  Moreover,  the  complaint  was  not  made  in  writing,  and  therefore  there  is  no  “letter”  subject  to  DCC’s  request. 


 4.  Accordingly,  IT  IS  ORDERED  that  Digital  Control  Corporation’s  application  for  review  is  DENIED.  Digital  Control  Corporation  may  seek  judicial  review  of  the  denial  of  its 
 FOIA  request  pursuant  to  5  U.  S.  C.  §  552(  a)(  4)(  B). 
 5.  The  following  officials  are  responsible  for  this  action:  Chairman  Powell,  Commissioners  Abernathy,  Copps,  Martin,  and  Adelstein. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Marlene  H.  Dortch  Secretary 


 4  5  U.  S.  C.  §  552(  b)(  7)(  D). 
 5  Rural  Housing  Alliance  v.  United  States  Department  of  Agriculture,  498  F.  2d  73,  81  n.  46  (D.  C.  Cir.  1974). 
 6  5  U.  S.  C.  §  552(  b)(  7)(  D). 
 7  Brant  Construction  Co.,  Inc.  v.  United  States  Environmental  Protection  Agency,  778  F.  2d  1258  (7  th  Cir.  1985). 
 8  Moreover,  FOIA  deals  with  agency  records  and  not  information  in  the  abstract.  Forsham  v.  Harris,  445  U.  S.  169, 
 185  (1980).  Thus,  DCC’s  FOIA  request  is  defective  to  the  extent  that  it  seeks  information  per  se  regarding  the  complainant. 
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