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 Federal  Communications  Commission  FCC  03-  176 
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 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Neil  R.  Foster 
 On  Request  for  Inspection  of  Records 


 )  ) 
 )  ) 
 ) 
 FOIA  Control  No.  2003-  187 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  July  15,  2003  Released:  July  31,  2003 
 By  the  Commission: 


 1.  This  order  denies  an  application  for  review  filed  by  Neil  R.  Foster  (Foster),  seeking  review  of  a  decision  of  the  Enforcement  Bureau  (EB)  which  denied  Foster’s  Freedom  of 
 Information  Act  (FOIA)  request. 
 2.  Foster’s  FOIA  request  sought  “a  copy  of  the  originator  of  the  complaint  information  leading  to  FCC  Reference  Case  #  EB-  2002-  393  and  Case  #  EB-  2002-  437.”  1  EB 


 withheld  the  responsive  documents  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,”  and  FOIA  Exemption  5,  5  U.  S.  C.  §  552(  b)(  5),  relating  to  inter-agency  and  intra-  agency  memoranda.  2  Foster  timely  sought  review  of  the  Bureau’s  decision.  3 


 3.  We  will  deny  Foster’s  application  for  review.  We  understand  Foster  to  seek  the  identity  of  the  complaining  party.  FOIA  Exemption  7(  D)  permits  withholding  of  “records  or 
 information  compiled  for  law  enforcement  purposes  .  .  .to  the  extent  .  .  .  production  .  .  .  could  reasonably  be  expected  to  disclose  the  identity  of  a  confidential  source  .  .  .  .”  4  Here,  the  source 
 expressly  requested  confidentiality,  and  EB  granted  the  source  an  express  assurance  of  confidentiality.  Accordingly,  Exemption  7(  D)  was  properly  applied  to  withhold  the  identity  of 
 the  source.  See  United  States  Department  of  Justice  v.  Landano,  508  U.  S.  165,  172  (1993)  (a  source  is  considered  confidential  within  the  meaning  of  Exemption  7(  D)  if  the  source 


 1  Letter  from  Neil  R.  Foster  to  Freedom  of  Information  Officer  (Jan.  14,  200[  3])  (FOIA  Control  No.  2003-  187). 
 2  Letter  from  Joseph  P.  Casey,  Chief,  Technical  and  Public  Safety  Division,  Enforcement  Bureau,  to  Mr.  Neil  R. 
 Foster  (Mar.  20,  2003).  3 


 Letter  from  Neil  R.  Foster  to  Office  of  General  Counsel  (Apr.  2,  2003).  Foster’s  appeal  states  in  its  entirety  “Pursuant  to  the  letter  from  Joseph  P.  Casey,  Chief,  Technical  and  Public  Safety  Division,  Enforcement  Bureau,  I 


 wish  to  appeal  his  denial  of  my  FOIA  request,  under  Section  0.461  of  the  Commission’s  rules,  47  C.  F.  R.  Section  0.461.” 


 4  5  U.  S.  C.  §  552(  b)(  7)(  D). 
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 Federal  Communications  Commission  FCC  03-  176 
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 provided  information  under  an  express  assurance  of  confidentiality  or  in  circumstances  where  such  an  assurance  could  reasonably  be  inferred.) 
 4.  Accordingly,  IT  IS  ORDERED  that  Neil  R.  Foster’s  application  for  review  is  DENIED.  Foster  may  seek  judicial  review  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 
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