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 Federal  Communications  Commission  FCC  04-  64 
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 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 GEORGE  J.  ZARDECKI 
 On  Request  for  Inspection  of  Records 


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 FOIA  Control  No.  2003-  529 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  March  17,  2004  Released:  March  23,  2004 
 By  the  Commission: 
 1.  The  Commission  has  before  it  an  application  for  review  filed  by  George  J.  Zardecki  (Zardecki)  seeking  review  of  a  decision  of  the  Enforcement  Bureau  (EB)  granting  in  part  and 
 denying  in  part  his  Freedom  of  Information  Act  (FOIA)  request.  The  application  for  review  is  denied. 


 2.  Zardecki  sought  all  records  having  to  do  with  himself  and  several  other  amateur  operators,  namely,  Michael  E.  Guernsey,  Sr.,  Ruberd  M.  Lloyd,  Daniel  J.  Jeswald,  James  R. 
 Evans,  Robert  M.  Sherin,  and  Karol  Madera,  with  the  exception  of  documents  authored  by  himself  or  by  Madera.  1  EB  responded  by  producing  132  pages  of  documents.  2  Zardecki  sought 
 review  of  the  Bureau’s  decision,  stating  “I  remind  you  that  my  request  was  for  ‘ANY  and  ALL  information  and  ANY  and  ALL  other  records,  e-  mails,  notes  etc.  whatsoever’  on  the  subjects  of 
 the  FOIA  request.  I  say  that  I  only  received  ‘partial’  FOIA  results  .  .  .  .  “  3  Zardecki  then  listed  20  records  or  types  of  records  that  he  alleges  were  not  produced. 


 3.  On  review,  we  find  no  reason  to  disturb  EB’s  decision.  The  FOIA  requires  the  Commission  to  conduct  a  “search  reasonably  calculated  to  uncover  all  relevant  documents.  .  .  . 
 [t]  he  issue  is  not  whether  any  further  documents  might  conceivably  exist  but  rather  whether  the  government’s  search  for  responsive  documents  was  adequate.  .  .  .  “  Weisberg  v.  U.  S. 
 Department  of  Justice,  705  F.  2d  1344,  1351  (D.  C.  Cir.  1983)  [emphasis  in  the  original].  4  In  this  case,  EB  conducted  a  thorough  search  for  responsive  records  and  produced  132  documents.  A 


 1  E-  mail  from  George  J.  Zardecki  to  FOIA@  fcc.  gov  (Aug.  14,  2003). 
 2  Letter  from  Joseph  P.  Casey,  Chief,  Spectrum  Enforcement  Division  to  Mr.  George  Zardecki  (Nov.  3,  2003) 
 (Control  No.  2003-  529).  Some  of  these  documents  were  provided  in  redacted  form  pursuant  to  FOIA  Exemptions  5  and  7(  C). 


 3  E-  mail  from  George  J.  Zardecki  to  Karen  Mercer  (Nov.  25,  2003).  At  Zardecki’s  request,  this  communication  was 
 referred  to  the  Office  of  General  Counsel  and  treated  as  an  application  for  review.  See  E-  mail  from  Laurence  Schecker  to  George  J.  Zardecki  (Feb.  5,  2004). 


 4  See  also  Jeffrey  W.  Hanson,  16  FCC  Rcd  16497,  16499-  500  (2002). 
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 Federal  Communications  Commission  FCC  04-  64 
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 review  of  the  list  submitted  by  Zardecki  in  his  application  for  review  provides  no  indication  that  any  further  responsive  records  remain  in  the  Commission’s  possession.  Upon  receipt  of  the 
 application  for  review,  EB  reviewed  its  records  in  light  of  Zardecki's  assertions,  but  located  no  additional  responsive  records.  EB  therefore  fulfilled  its  obligations  under  the  FOIA. 


 4.  Accordingly,  IT  IS  ORDERED  that  George  J.  Zardecki’s  application  for  review  is  DENIED.  Zardecki  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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