Federal Communications Commission FCC 13-153
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
TINO CORTEZ SUTTON 
On Request for Inspection of Records
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FOIA Control No. 2013-451
MEMORANDUM OPINION AND ORDER
Adopted:  December 9, 2013 Released:  December 9, 2013
By the Commission:
I. INTRODUCTION
1. This Memorandum Opinion and Order dismisses as unacceptable for filing an application 
for review filed by Tino Cortez Sutton (Sutton).
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  Sutton seeks review of a decision
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by the Public Safety 
and Homeland Security Bureau (PSHSB) that denied Sutton’s Freedom of Information Act (FOIA) 
request.
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  We find that Sutton’s AFR fails to state any grounds for review and is therefore dismissed as 
unacceptable for filing.  
II. DISCUSSION
2. Sutton’s FOIA request appears to seek records related to authorizations for surveillance 
conducted by federal, state, and local agencies, and records related to the fruits of that surveillance, as 
well as information regarding the surveillance-related records of private news organizations, common 
carriers, and other providers of communications services.
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  PSHSB’s Decision explained that the 
Commission does not conduct such surveillance and that the Commission’s role in connection with 
surveillance activities by other government agencies is limited to administering rules implementing the 
Communications Assistance for Law Enforcement Act (CALEA).
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PSHSB’s Decision also stated that the 
Commission does not maintain records that may be maintained by media organizations.  Accordingly, 
PSHSB found that the Commission had no records responsive to Sutton’s Request.
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  Sutton’s rambling 
AFR completely fails to address the Decision in any respect.
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  It therefore fails to comply with 47 C.F.R. 
§ 1.115(b), which requires that applications for review must concisely and plainly state the questions 
                                                     
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See Letter from Tino Cortez Sutton to Federal Communications Commission (Sept. 16, 2013) (AFR).  Sutton’s 
filing is titled “Informal Complaint/Showing of Exigent Need or Circumstance.”  The envelope containing the 
pleading, however, is labeled “Freedom of Information Appeal.”
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See Letter from Thomas J. Beers, Chief, Policy Licensing Division to Tino C. Sutton (Aug. 26, 2013) (Decision).
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See Letter from Tino Cortez Sutton to Federal Communications Commission (Jul. 20, 2013) (Request).
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See Request at 1-3.
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See 47 U.S.C. § 1001 et seq.
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See Decision at 1-2.
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In fact, the AFR is nearly identical to an unrelated filing made by Sutton months earlier.  See Pleading titled 
“Informal Complaint/Showing of Exigent Need or Circumstance,” filed May 7, 2013, by Sutton.
Federal Communications Commission FCC 13-153
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presented for review and specify with particularity the factors warranting Commission consideration of 
the questions presented.      
III. ORDERING CLAUSES
3. IT IS ORDERED that the application for review filed by Tino Cortez Sutton IS 
DISMISSED as unacceptable for filing.  Sutton may seek judicial review of this action pursuant to 5 
U.S.C. § 552(a)(4)(B).
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4. The officials responsible for this action are the following:  Chairman Wheeler, and 
Commissioners Clyburn, Rosenworcel, Pai, and O’Rielly.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
                                                     
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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 Sutton’s right to pursue litigation.  Sutton 
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.