Federal Communications Commission FCC 08-231
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
TELETRUTH
On Requests for Inspection of Records 
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FOIA Control No. 2007-263
MEMORANDUM OPINION AND ORDER
Adopted:  September 25, 2008 Released:  September 30, 2008
By the Commission:
1. The Commission has before it an application for review filed by Teletruth of the decision 
of the Wireline Competition Bureau (the Bureau) denying its Freedom of Information Act (FOIA) 
requests for records related to the Continuing Property Records (CPRs) audits conducted by the 
Commission in the late 1990s.1 We deny Teletruth’s application for review.
2. The Bureau denied Teletruth’s FOIA request based on our recent determination in 
Herschaft2 that precisely the same records sought by Teletruth in its FOIA request were exempt from 
disclosure under FOIA Exemptions 4 and 5.3 Although Teletruth asserts that its information request was 
“unique and enhanced” as compared to the materials presented in Herschaft, these facts consist of 
assertions about inaccuracies in the CPRs and the harms that allegedly resulted from the inaccuracies and 
the Commission’s treatment of them.  The new facts do not go to whether the records at issue are exempt 
from disclosure.  
3. Further, Teletruth offers no arguments warranting a different result from that in 
Herschaft. Teletruth errs when it suggests that FOIA Exemptions 4 and 5 do not apply because it seeks 
records concerning fraud and violations of our rules.4 Exemptions 4 and 5 contain no such exceptions, 
and Teletruth points to no caselaw suggesting otherwise.  Indeed, the purposes for which the request for 
information is made have no bearing on whether information must be disclosed under the FOIA. 5  
Moreover, for the same reasons we outlined in Herschaft, 6 and contrary to Teletruth’s assertion,7 in this 
  
1 See E-mail from Bruce Kushnick, Teletruth, to Laurence Schecker, Office of General Counsel, and 
FOIA@FCC.gov (June 10, 2007) (AFR).  
2 Randy R. Herschaft, Associated Press, 22 FCC Rcd 5880 (2007).
3 5 U.S.C. §§ 552(b)(4) and (5).  
4 See AFR at 13 (the Herschaft decision “did not take into account our claims of Part 32 violations”) and 14 (FOIA 
exemptions “ha[ve] no relevance as there are no protections if fraudulent materials . . . [were] submitted”).  
Teletruth calls the rationale of our Herschaft decision “legal gobblygook [sic]” with “no relevance” to its 
complaints.  Id. at 14.
5  E.g., United States Dep’t of Defense v. FLRA, 510 U.S. 487, 496 (1994), (quoting United States Dep’t of Justice v. 
Reporters Committee for Freedom of the Press, 489 U.S. 749, 771 (1989)); see Daniel A. Edelman, Esq., 19 FCC 
Rcd 12741, 12743 (2004).  
6 See Herschaft, 22 FCC Rcd at 5889 (explaining that the public interest in the CPR audits does not require 
disclosure of these records).
7 E.g., AFR at 14.
Federal Communications Commission FCC 08-231
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case the public interest does not require release of these records.  The Bureau thus acted appropriately in 
denying Teletruth’s request for the CPR audit records.
4. IT IS ORDERED that the application for review by Teletruth IS DENIED.  Teletruth 
may seek judicial review of this action pursuant to 5 U.S.C. § 552(a)(4)(b).
5. The officials responsible for this action are the following Commissioners:  Chairman 
Martin and Commissioners Copps, Adelstein, Tate and McDowell.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary