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 Federal  Communications  Commission  FCC  04-  59 
 1 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 TIMOTHY  ALBRITTON 
 On  Request  for  Inspection  of  Records 


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 FOIA  Control  No.  2003-  567 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  March  15,  2004  Released:  March  17,  2004 
 By  the  Commission: 


 1.  The  Commission  has  before  it  an  application  for  review  filed  by  Timothy  Albritton  (Albritton),  seeking  review  of  a  decision  of  the  Enforcement  Bureau  (EB)  denying  his  Freedom 
 of  Information  Act  (FOIA)  request.  The  application  for  review  is  denied. 
 2.  Albritton  sought  transcripts  of  police  radio  communications  between  a  City  of  Baton  Rouge,  Louisiana,  police  dispatcher  and  Police  Officer  Jeffery  Wilson  on  March  18,  2001.  1  EB 


 responded  that  the  Commission  did  not  have  these  transcripts  in  its  possession  and  that  the  Commission  had  no  obligation  under  the  FOIA  to  obtain  records  from  other  entities  such  as  the 
 Baton  Rouge  Police  Department.  2  Albritton  sought  review  of  the  Bureau’s  decision.  3  He  complains  that  “The  FCC  has  not  made  a  reasonable  effort  to  obtain  these  records  nor  have  they 
 made  any  investigation  of  my  claims  that  I  was  denied  constitutional  rights  via  these  communications  over  airwaves  regulated  by  the  FCC.” 


 3.  On  review,  we  find  no  reason  to  disturb  the  Bureau’s  decision.  Albritton’s  FOIA  request  is  governed  by  5  U.  S.  C.  §  552(  a)(  3)(  A),  which  provides  “[  E]  ach  agency,  upon  any 
 request  for  records  .  .  .  shall  promptly  make  the  records  available  to  any  person.”  This  requirement,  however,  applies  only  to  records  in  the  agency’s  possession.  See  Tax  Analysts  v. 
 United  States  Department  of  Justice,  845  F.  2d  1060,  1067  (D.  C.  Cir.  1988).  The  FOIA  does  not  require  an  agency  to  obtain  records  from  another  agency  or  entity.  See  Kissenger  v.  Reporters 
 Committee  for  Freedom  of  the  Press,  445  U.  S.  136,  151-  53  (1980).  EB  has  determined  that  the 
 1  Letter  from  Timothy  Albritton  to  James  C.  Hawkins,  District  Director,  Federal  Communications  Commission  (Jul. 
 22,  2003).  2 
 Letter  from  Joseph  P.  Casey,  Chief,  Spectrum  Enforcement  Division  to  Timothy  Albritton  (Oct.  31,  2003)  (Control  No.  2003-  567). 


 3  Letter  from  Timothy  Albritton  to  Office  of  General  Counsel,  Federal  Communications  Commission  (Dec.  16, 
 2003). 
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 Federal  Communications  Commission  FCC  04-  59 
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 Commission  does  not  possess  any  records  responsive  to  Albritton’s  request.  It  therefore  fulfilled  its  obligations  under  the  FOIA  and  correctly  denied  Albritton’s  request. 
 4.  Accordingly,  IT  IS  ORDERED  that  Timothy  Albritton’s  application  for  review  is  DENIED.  Albritton  may  seek  judicial  review  of  the  denial  of  his  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 
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