Federal Communications Commission FCC 13-128
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
MICHAEL FLYNN,
SITE MANAGEMENT SOLUTIONS, INC
On Request for Inspection of Records 
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FOIA Control No. 2013-354
MEMORANDUM OPINION AND ORDER
Adopted:  September 30, 2013 Released:  September 30, 2013
By the Commission:
1. By this Memorandum Opinion and Order, we dismiss as untimely an application for 
review filed by Michael Flynn of Site Management Solutions, Inc.
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  Mr. Flynn requests review of a 
decision of the Chief of the Mobility Division of the Wireless Telecommunications Bureau (Bureau)
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denying his request for “all communications, notes, and related documents, emails between staff, staff and 
wireless operators T-Mobile and Cingular Wireless as it pertained to the Network Infrastructure 
Agreement  during 2000-2004/5 for CA and NY markets.”
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2. On July 8, 2013, the Bureau denied Mr. Flynn’s FOIA request, noting that the instant 
request was “substantively the same” as his previous FOIA requests.
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  Mr. Flynn’s previous FOIA 
requests were denied in part based on FOIA Exemptions 2 and 5.
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  The Bureau Decision advised Mr. 
Flynn that if he wished to seek review of the decision, he was required to file an application for review 
with the Office of General Counsel within 30 calendar days of the date of the letter.
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  Mr. Flynn’s AFR 
                                                     
1
   Letter from Michael Flynn, Site Management Solutions, Inc., to Roger Noel, Chief, Mobility Division, Wireless 
Telecommunications Bureau (dated Aug. 27, 2013, rec’d Sept. 5, 2013) (AFR).     
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Letter from Roger Noel, Chief, Mobility Division, Wireless Telecommunications Bureau, to Mr. Flynn (July 8, 
2013) (Bureau Decision).
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  Email from Mr. Flynn to FOIA@FCC.GOV (sent June 7, 2013, logged in June 10, 2013) (FOIA Control No. 
2013-354).
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  Email from Mr. Flynn to FOIA@FCC.GOV (sent July 9, 2007, logged in July 13, 2007) (FOIA Control No. 2007-
430), request granted in part and denied in part by letter from Roger Noel, Chief, Mobility Division, Wireless 
Telecommunications Bureau, to Mr. Flynn (Sept. 12, 2007); Email from Mr. Flynn to various Commission staff 
(dated Nov. 2, 2007, logged in as a FOIA request Nov. 13, 2007) (FOIA Control No. 2008-068), granted in part and 
denied in part by letter from Roger Noel (Mar. 21, 2008).  Mr. Flynn did not seek review of either of the Bureau’s 
responses to his two previous FOIA requests.
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5 U.S.C. §§ 552(b)(2) and 552(b)(5).
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Bureau Decision, at 2, citing 47 C.F.R. §§ 0.461(j) and 1.115.
Federal Communications Commission FCC 13-128
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was dated August 27, 2013, and received September 5, 2013.  Mr. Flynn’s filing was more than 20 days 
after the August 7, 2013 due date,
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and we therefore find it was untimely.
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3. ACCORDINGLY, IT IS ORDERED, that the Application for Review filed by Michael 
Flynn IS DISMISSED.  Mr. Flynn may seek judicial review of this action pursuant to 5 U.S.C. 
§552(a)(4)(B).
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4. The following officials are responsible for this action: Acting Chairwoman Clyburn, 
Commissioners Rosenworcel, and Pai.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
                                                     
7
  See 47 C.F.R. § 1.4(c) (the first day to be counted when a period of time begins with the occurrence of an event is 
the day after the event); see also 47 C.F.R. § 1.4(b)(5) (for documents not published in the Federal Register, released 
to the public, or referenced in a public notice, Commission action occurs on the date appearing on the document).
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See Robert Newton, [FCC] 13- 103 (July 30, 2013) (2013 WL 3943486) (dismissing application for review filed 
over 90 days late); The Consumer Law Group, 28 FCC Rcd 684 ¶ 5 (2013) (dismissing application for review of a 
FOIA decision filed three days late); see also Michael C. Olson, 13 FCC Rcd 20593 ¶ 1 (1998) (dismissing 
application for review filed one day late); Application of Board of Education of the City of Atlanta, 11 FCC Rcd 
7763, 7765-66 ¶ 6 (1996) (same).  
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  We note that as part of the Open Government Act of 2007, the Office of Government Information Services 
(OGIS) was created to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as 
a non-exclusive alternative to litigation. Using OGIS services does not affect Mr. Flynn’s right to pursue litigation.  
Mr. Flynn may contact OGIS in any of the following ways: 
Office of Government Information Services 
National Archives and Records Administration 
Room 2510 
8601 Adelphi Road 
College Park, MD 20740-6001 
E-mail: ogis@nara.gov 
Telephone: 301-837-1996 
Facsimile: 301-837-0348 
Toll-free: 1-877-684-6448