Goto Section: 0.441 | 0.445 | Table of Contents
FCC 0.442
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 0.442 Disclosure to other Federal government agencies of information
submitted to the Commission in confidence.
(a) The disclosure of records to other Federal government agencies is
generally governed by the Paperwork Reduction Act, 44 U.S.C. 3510, rather
than the Freedom of Information Act. The acceptance of materials in
confidence under § 0.457 or § 0.459, or any other statute, rule or Commission
order, does not preclude their disclosure to other federal agencies.
(b) Information submitted to the Commission in confidence pursuant to
§ 0.457(c)(2) and (3), (d) and (g) or § 0.459, or any other statute, rule or
order, may be disclosed to other agencies of the Federal government upon
request or upon the Commission's own motion, provided:
(1) Specific Commission assurances against such disclosure have not been
given;
(2) The other agency has established a legitimate need for the information;
(3) Disclosure is made subject to the provisions of 44 U.S.C. 3510(b); and
(4) Disclosure is not prohibited by the Privacy Act or other provisions of
law.
(c) The Commission's staff may give assurances against disclosure of
information to other Federal agencies only with the prior written approval
of the General Counsel. In no event will assurance against disclosure to
other agencies be given in advance of submission of the information to the
Commission if submission is required by statute or by the provisions of this
chapter; but the notice provisions of paragraph (d) of this section will
apply to such required submissions.
(d)(1) Except as provided in paragraphs (d)(2) and (d)(3) of this section, a
party who furnished records to the Commission with a request for
confidential treatment, see § 0.459, will be notified at the time that the
request for disclosure is submitted and will be afforded ten calendar days
in which to submit an opposition to disclosure. This notification may be
made either individually or by public notice.
(2) If the agency requesting the records provides in writing to the
satisfaction of the Commission that notice to the party who furnished the
records to the Commission will interfere unduly with its law enforcement,
national security or homeland defense activities and further states that it
will notify that party of the Commission's disclosure once the potential for
such interference is eliminated, the Commission will not give notice of
disclosure.
(3) A party who furnished records to the Commission in confidence will not
be afforded prior notice when the disclosure is made to the Comptroller
General of the United States, in the Government Accountability Office. Such
a party will instead be notified of disclosure of the records to the
Comptroller General either individually or by public notice.
(4) If disclosure is opposed and the Commission decides to make the records
available to the other agency, the party who furnished the records to the
Commission will be afforded ten calendar days from the date of the ruling to
move for a judicial stay of the Commission's action. If the party does not
move for stay within this period, the records will be disclosed.
(e) Except as provided in paragraph (d)(3) of this section, nothing in this
section is intended to govern disclosure of information to Congress or the
Comptroller General.
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Goto Section: 0.441 | 0.445
Goto Year: 2014 |
2016
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