7 FCC Red No. 3 Federal Communications Commission Record FCC 92-29 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
In the Matter of 
Jimmy Shillington 
Request for Inspection 
of Records. 
FOIA Control No. 91-136 
MEMORANDUM OPINION AND ORDER 
Adopted: January 21, 1992; Released: January 31, 1992 
By the Commission: 
1. The Commission has before it for consideration an 
Application for Review filed by Jimmy Shillington. seek­
ing review of a ruling entered by the Chief. Field Opera­
tion Bureau (FOB), which denied. in part. Mr. 
Shillington's Freedom of Information Act (FOIA) request. 
See 5 U.S.C. § 552(b). In his initial request. Mr. 
Shillington sought access to Commission records com­
piled in the course of an investigation of a now dismissed 
complaint against his business firm, Quality Transporta­
tion Company. for alleged operation on unauthorized ra­
dio frequencies. 
2. FOB granted his request in large part but withheld 
the names of the complainant and an informant as con­
fidential and. thus. exempt from disclosure. FOB stated 
that the complainant had explicitly requested confidential­
ity and that the informant had cooperated in a law en­
forcement proceeding under circumstances from which 
an assurance of confidentiality could reasonably be in­
ferred. See United Technologies Corp. v. NLRB. 777 F.2d 
90. 94 (2d Cir. 1986); see also Schmerler v. FBI. 900 F.2d 
333, 336 (D.C. Cir. 1990). On appeal. Mr. Shillington 
contends that the Commission has no further use of any 
information from these individuals and. therefore, the 
Commission could release their identities without com­
promising its investigatory efforts. 
3. FOB properly withheld the identities of its confiden­
tial sources. Exemption 7(D) of the FOIA permits the 
Commission to withhold the identity of informants. not­
withstanding the completion of the law enforcement pro­
ceeding. See Schmerler v. FBI, 900 F.2d at 336. To 
disregard the confidential status of our sources in this case 
could inhibit our investigatory efforts in other matters 
and hamper the production of information in the future. 
See Id. 
4. Accordingly, for the reasons set forth herein. IT IS 
ORDERED That the Application for Review filed by 
Jimmy Shillington IS DENIED. The Requestor may seek 
judicial review of this decision pursuant to 5 U .S.C. § 
552(a)(4)(B). 
5. The officials responsible for this action are the fol­
lowing Commissioners: Alfred C. Sikes, Chairman, James 
H. Quello, Sherrie P. Marshall, Andrew C. Barrett. Ervin 
S. Duggan. ˇ 
903 
FEDERAL COMMUNICATIONS COMMISSION 
Donna R. Searcy 
Secretary