Federal Communications Commission FCC 13-12 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Marilyn Cameron On Request for Inspection of Records ) ) ) ) ) ) FOIA Control No. 2013-016 MEMORANDUM OPINION AND ORDER Adopted: January 22, 2013 Released: January 23, 2013 By the Commission: I. INTRODUCTION 1. This Memorandum Opinion and Order denies an application for review (AFR) filed by Marilyn Cameron,1 that seeks review of a decision by the Wireless Telecommunications Bureau (WTB).2 The Decision addresses Ms. Cameron’s Freedom of Information Act (FOIA) request3 for information concerning Protective Order for Reviewing T-Mobile NRUF, LNP Data (dated July 20, 2012) issued by the Wireless Telecommunications Bureau.4 The AFR seeks Commission review of WTB’s Decision, claiming that the Decision provided no information and asking for the information as originally requested. We affirm the Bureau’s Decision and explain that it fully addressed Ms. Cameron’s original Request. II. BACKGROUND 2. In the Request, Ms. Cameron sought: T-Mobile information that has been provided to ‘reviewing parties’ under Protective Order for Reviewing T-Mobile NRUF, LNP Data (dated July 20, 2012 and issued by the FCC); list of reviewing parties; list of consultants, companies, and reviewing parties that have been allowed to upload this data to computers; specific NRUF, LNP data related to customer – Marilyn D Cameron.5 1 See Letter from Marilyn Cameron to Office of General Counsel, FCC (facsimile dated December 3, 2012) (AFR). 2 See Letter from Blaise A. Scinto, Chief, Broadband Division, WTB to Marilyn Cameron (dated November 9, 2012) (Decision). 3 See E-mail from Marilyn Cameron to FOIA@fcc.gov (dated October 9, 2012) (FOIA No. 2013-016) (Request). 4 Application of T-Mobile License LLC and Cellco Partnership d/b/a Verizon Wireless For Consent To Assign Licenses, WT Docket No. 12-175, 27 FCC Rcd 8208 (WTB July 20, 2012) (Protective Order). 5 Id. Federal Communications Commission FCC 13-12 2 In addition, Ms. Cameron requested “T-Mobile contact information.”6 3. The Request was assigned to WTB, the Bureau generally responsible for regulation of domestic wireless telecommunications matters on behalf of the Commission.7 In its Decision, WTB stated that a search of its records did not indicate that any Numbering Resource and Utilization Forecast (NRUF) and/or local number portability (LNP) data was requested by any party pursuant to the Protective Order referenced in Ms. Cameron’s Request.8 As to T- Mobile’s contact information, WTB referred Ms. Cameron to a publicly available source of information, i.e., www.fcc.gov/uls.9 4. In the AFR, Ms. Cameron asks for the information she sought in her original Request, claiming that WTB’s Decision “did not provide any answers or information.”10 We disagree, and we deny the AFR. III. DISCUSSION 5. WTB’s Decision correctly informed Ms. Cameron that the NRUF and LNP data at issue had not been requested by a party in WT Docket No. 12-175 pursuant to the Protective Order. The information thus was neither reviewed by, nor provided to, any party.11 Accordingly, there are no documents responsive to this portion of Ms. Cameron’s request. WTB’s Decision also informed Ms. Cameron of where on the Commission’s website T-Mobile contact information is publicly available and indicated that under §§ 0.453, 0.455, and 0.461 of the Commission’s rules, records that are routinely available for public inspection are not subject to release via a FOIA request. Because the Bureau’s Decision fully and correctly addressed Ms. Cameron’s Request, we deny her AFR. IV. ORDERING CLAUSES 6. IT IS ORDERED that the application for review filed by Marilyn Cameron IS DENIED. Ms. Cameron may seek judicial review of this action pursuant to 5 U.S.C. § 552(a)(4)(B).12 6 Ms. Cameron also stated, “I have been a T-Mobile customer since 2006 and I know that my confidential communications and records have been shared with ‘third parties’ and/or law enforcement for reasons unknown to me.” Id. 7 See 47 C.F.R. § 0.51(f), (a)-(b). 8 Decision at 1. 9 Decision at 1. 10 AFR at 1. 11 See supra para. 3. We also note that Ms. Cameron may misunderstand the nature of the NRUF and LNP data, which contains an estimate of the number of mobile wireless connections or connected devices, not information about calls made on individual numbers. Matter of Implementation of Section 6002(B) of the Omnibus Budget Reconciliation Act of 1993; Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless, Including Commercial Mobile Services, 26 FCC Rcd 9664, 9671 (2011). 12 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 (continued....) Federal Communications Commission FCC 13-12 3 7. The officials responsible for this action are the following: Chairman Genachowski and Commissioners McDowell, Clyburn, Rosenworcel, and Pai. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary (...continued from previous page) a non-exclusive alternative to litigation. Using OGIS services does not affect Ms. Cameron’s right to pursue litigation. Ms. Cameron 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.