§ 0.463   Disclosure of Commission records and information in legal proceedings
in which the Commission is a non-party.

   (a) This section sets forth procedures to be followed with respect to the
   production or disclosure of any material within the custody and control of
   the  Commission,  any  information  relating  to such material, or any
   information acquired by any person while employed by the Commission as part
   of the person's official duties or because of the person's official status.

   (b)  In  the event that a demand is made by a court or other competent
   authority outside the Commission for the production of records or testimony
   (e.g.,  a subpoena, order, or other demand), the General Counsel shall
   promptly be advised of such demand, the nature of the records or testimony
   sought, and all other relevant facts and circumstances. The General Counsel,
   in  consultation with the Managing Director, will thereupon issue such
   instructions as he or she may deem advisable consistent with this subpart.

   (c) A party in a court or administrative legal proceeding in which the
   Commission is a non-party who wishes to obtain records or testimony from the
   Commission shall submit a written request to the General Counsel. Such
   request must be accompanied by a statement setting forth the nature of the
   proceeding (including any relevant supporting documentation, e.g., a copy of
   the Complaint), the relevance of the records or testimony to the proceeding
   (including a proffer concerning the anticipated scope and duration of the
   testimony),  a  showing  that  other evidence reasonably suited to the
   requester's  needs is not available from any other source (including a
   request submitted pursuant to § 0.460 or § 0.461 of the Commission's rules),
   and  any  other  information  that may be relevant to the Commission's
   consideration of the request for records or testimony. The purpose of the
   foregoing  requirements  is to assist the General Counsel in making an
   informed  decision  regarding whether the production of records or the
   testimony should be authorized.

   (d) In deciding whether to authorize the release of records or to permit the
   testimony of present or former Commission personnel, the General Counsel, in
   consultation  with the Managing Director, shall consider the following
   factors:

   (1) Whether the request or demand would involve the Commission in issues or
   controversies unrelated to the Commission's mission;

   (2) Whether the request or demand is unduly burdensome;

   (3) Whether the time and money of the Commission and/or the United States
   would be used for private purposes;

   (4)  The extent to which the time of employees for conducting official
   business would be compromised;

   (5) Whether the public might misconstrue variances between personal opinions
   of employees and Commission policy;

   (6) Whether the request or demand demonstrates that the records or testimony
   sought are relevant and material to the underlying proceeding, unavailable
   from other sources, and whether the request is reasonable in its scope;

   (7) Whether, if the request or demand were granted, the number of similar
   requests would have a cumulative effect on the expenditure of Commission
   resources;

   (8) Whether the requestor has agreed to pay search and review fees as set
   forth in § 0.467 of this subpart;

   (9)  Whether  disclosure  of the records or the testimony sought would
   otherwise be inappropriate under the circumstances; and

   (10) Any other factor that is appropriate.

   (e) Among those demands and requests in response to which compliance will
   not ordinarily be authorized are those with respect to which any of the
   following factors exist:

   (1) Disclosure of the records or the testimony would violate a statute,
   Executive Order, rule, or regulation;

   (2) The integrity of the administrative and deliberative processes of the
   Commission would be compromised;

   (3) Disclosure of the records or the testimony would not be appropriate
   under the rules of procedure governing the case or matter in which the
   demand arose;

   (4)  Disclosure  of  the  records, including release in camera, or the
   testimony, is not appropriate or required under the relevant substantive law
   concerning privilege;

   (5) Disclosure of the records, except when in camera and necessary to assert
   a claim of privilege, or of the testimony, would reveal information properly
   classified or other matters exempt from unrestricted disclosure; or

   (6) Disclosure of the records or the testimony could interfere with ongoing
   Commission  enforcement  proceedings  or other legal or administrative
   proceedings, compromise constitutional rights, reveal the identity of an
   intelligence source or confidential informant, or disclose trade secrets or
   similarly confidential commercial or financial information.

   (f) The General Counsel, following consultation with the Managing Director
   and any relevant Commission Bureau or Office, is authorized to approve
   non-privileged testimony by a present or former employee of the Commission
   or the production of non-privileged records in response to a valid demand
   issued by competent legal authority, or a request for records or testimony
   received under this section, and to assert governmental privileges on behalf
   of the Commission in litigation that may be associated with any such demand
   or request.

   (g) Any employee or former employee of the Commission who receives a demand
   for  records  of  the Commission or testimony regarding the records or
   activities of the Commission shall promptly notify the General Counsel so
   that  the  General  Counsel  may take appropriate steps to protect the
   Commission's rights.

   (Secs. 4(i), 303(r), Communications Act of 1934, as amended, 47 U.S.C.
   154(i) and 303(r); 5 U.S.C. 301; 47 CFR 0.231(d))

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