FCC Web Documents citing 0.453
- http://fcc.gov/webpolicies.html
- Government's records. Congress has since expanded the scope of the FOIA to encompass electronic records. However, you do not have to file a FOIA request to obtain information which is routinely available for public inspection, including records from docketed cases, broadcast applications and related files, petitions for rulemakings, various legal and technical publications, legislative history compilations, etc. See 47 C.F.R. 0.453 and 0.455. Much of this information is available on our website. Visit the [45]FCC FOIA Home Page for an informal explanation of the FOIA process at the FCC. Homeland Security Presidential Directive 12 (HSPD-12) HSPD-12 guidance requires that agencies complete background checks on all current employees and contractors and issue Personal Identity Verification (PIV) credentials. Agencies are required to post
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- of Information Act (``FOIA'') request, because the material gathered as part of the investigation was not routinely available to the public. Alternatively, it was also suggested that counsel contact his client for either a copy of the catalog or the password. Counsel argues that the refusal to give him the catalog was a denial of due process. We disagree. Sections 0.453 and 0.455 of the Rules detail the records that are routinely available for public inspection at the Commission. Unless a type of record is listed in Sections 0.453 and 0.455, a request to inspect the record must be made pursuant to the Commission's FOIA procedures, specifically Section 0.461 of the Rules. The type of investigatory records compiled for this enforcement
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- pertinent notice provision, however, states that only parties to an adjudicatory proceeding are entitled to receive copies of rulings. Specifically, Section 0.445(a) of the Commission's Rules provides: ``Adjudicatory opinions and orders of the Commission, or its staff acting on delegated authority, are mailed to the parties, and as part of the record, are available for inspection in accordance with 0.453 and 0.455.'' In this case, because there was no separate letter or order granting Jonach's application, the pertinent document was the license. Given that neither the Petitioners nor any other party filed a timely objection to Jonach's application, the only party to the application proceeding was Jonach. Although the Petitioners could have learned of the existence of Jonach's application and
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- years from the date it was collected, June 30, 2003. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to Sections 0.459(d)(2) of the Commission's Rules, 47 C.F.R. 0.459(d)(2), that the request for CONFIDENTIALITY by Cox Communications, Inc., IS DENIED IN PART AND GRANTED IN PART. FEDERAL COMMUNICATIONS COMMISSION W. Kenneth Ferree Chief, Media Bureau 47 C.F.R. 76.403. Id. 0.453(a)(2)(v)(C). Id. 0.459. Id. 0.459(b) Id. 0.459(b)(3) - (8). Id. 0.459(d)(2). Id. 0.459(h). FOIA procedures are in Section 0.461 of the Commission's Rules. Id. 0.461. Id. 0.459(a). Request at 2. Id. Supplement to Request at 2. Id. Request at 2. Id. Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the
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- from the date it was collected, June 30, 2003. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to Sections 0.459(d)(2) of the Commission's Rules, 47 C.F.R. 0.459(d)(2), that the request for CONFIDENTIALITY by Comcast Cable Communications, Inc., IS DENIED IN PART AND GRANTED IN PART. FEDERAL COMMUNICATIONS COMMISSION W. Kenneth Ferree Chief, Media Bureau 47 C.F.R. 76.403. Id. 0.453(a)(2)(v)(C). Id. 0.459. Id. 0.459(b) Id. 0.459(b)(3) - (8). Id. 0.459(d)(2). Id. 0.459(h). FOIA procedures are in Section 0.461 of the Commission's Rules. Id. 0.461. Id. 0.459(a). Request at 2. Id. at 4. See Id. at 2 - 4. Id. at 2. Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to
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- years from the date it was collected, June 30, 2003. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to Sections 0.459(d)(2) of the Commission's Rules, 47 C.F.R. 0.459(d)(2), that the request for CONFIDENTIALITY by Time Warner Cable, IS DENIED IN PART AND GRANTED IN PART. FEDERAL COMMUNICATIONS COMMISSION W. Kenneth Ferree Chief, Media Bureau 47 C.F.R. 76.403. Id. 0.453(a)(2)(v)(C). Id. 0.459. Id. 0.459(b) Id. 0.459(b)(3) - (8). Id. 0.459(d)(2). Id. 0.459(h). FOIA procedures are in Section 0.461 of the Commission's Rules. Id. 0.461. Id. 0.459(a). See Request at 1. Id. at 1 Id. at 3. Id at 2 - 3. Id. at 1. Id. at 3. Examination of Current Policy Concerning the
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- of the deficiencies in CSi's request and CSi's failure to pursue the matter, we will dismiss the Request. Accordingly, IT IS ORDERED, pursuant to Sections 0.459(d)(2) of the Commission's Rules, 47 C.F.R. 0.459(d)(2), that the request for CONFIDENTIALITY by Cable Services, Inc., IS DENIED. FEDERAL COMMUNICATIONS COMMISSION W. Kenneth Ferree Chief, Media Bureau 47 C.F.R. 76.403. Id. 0.453(a)(2)(v)(C). Id. 0.459. Id. 0.459(b) Id. 0.459(b)(3) - (8). Id. 0.459(d)(2). Id. 0.459(h). FOIA procedures are in Section 0.461 of the Commission's Rules. Id. 0.461. Id. 0.459(a). (...continued from previous page) (continued....) Federal Communications Commission DA 04-1985 Federal Communications Commission DA 04-1985 @ 5 B tm F & tm
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- years from the date it was collected, June 30, 2003. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to Sections 0.459(d)(2) of the Commission's Rules, 47 C.F.R. 0.459(d)(2), that the request for CONFIDENTIALITY by Altrio Communications, Inc., IS DENIED IN PART AND GRANTED IN PART. FEDERAL COMMUNICATIONS COMMISSION W. Kenneth Ferree Chief, Media Bureau 47 C.F.R. 76.403. Id. 0.453(a)(2)(v)(C). Id. 0.459. Id. 0.459(b) Id. 0.459(b)(3) - (8). Id. 0.459(d)(2). Id. 0.459(h). FOIA procedures are in Section 0.461 of the Commission's Rules. Id. 0.461. Id. 0.459(a). Id. Id. Id. Request at 1. Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, 13 FCC Rcd 24816, 24819 (1998) (citing
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- Clauses Accordingly, IT IS ORDERED, pursuant to Section 0.459(d)(2) of the Commission's Rules, 47 C.F.R. 0.459(d)(2), that the Petition for Reconsideration IS GRANTED to the extent indicated above and otherwise IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Donna C. Gregg Chief, Media Bureau In the matter of Cox Communications, Inc., 19 FCC Rcd 12160 (2004) 47 C.F.R. 76.403. Id. 0.453(a)(2)(v)(C). Id. 0.459. Id. 0.459(b) Id. 0.459(d)(2). Id. 0.459(h). FOIA procedures are in Section 0.461 of the Commission's Rules. Id. 0.461. Id. 0.459(a). Petition at 4. Id. at 5. 1998 Biennial Review-``Annual Report of Cable Television Systems,'' 15 FCC Rcd 9707 (2000). Petition at 4 (citing the 1998 Biennial Review at 9713). Id. 1998 Biennial
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- 0.459(d)(2) of the Commission's Rules, 47 C.F.R. 0.459(d)(2), that the request for CONFIDENTIALITY by Cable Services, Inc., IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Donna C. Gregg Chief, Media Bureau 47 C.F.R. 76.403. The notifications are sent annually to all systems that have 20,000 or more subscribers and a sample of systems that have fewer than 20,000 subscribers. Id. 0.453(a)(2)(v)(C). Id. 0.459. Id. 0.459(b). Id. 0.459(b)(3)-(8). Id. 0.459(h). FOIA procedures are in Section 0.461 of the Commission's Rules. Id. 0.461. See Cox Communications, Inc. Request for Confidentiality for Information Submitted on Forms 325 for the Year 2003, 19 FCC Rcd 12160 (MB 2004) (``Cox Confidentiality Order''); Comcast Cable Communications, Inc. Request for Confidentiality for Information
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- of Information Act (``FOIA'') request, because the material gathered as part of the investigation was not routinely available to the public. Alternatively, it was also suggested that counsel contact his client for either a copy of the catalog or the password. Counsel argues that the refusal to give him the catalog was a denial of due process. We disagree. Sections 0.453 and 0.455 of the Rules detail the records that are routinely available for public inspection at the Commission. Unless a type of record is listed in Sections 0.453 and 0.455, a request to inspect the record must be made pursuant to the Commission's FOIA procedures, specifically Section 0.461 of the Rules. The type of investigatory records compiled for this enforcement
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- A R MINNESOTA VALLEY TEL Larson Utilities, Inc. 510,611 1,019 501.09 110,010 0.010 361440 A R CANNON VLY TELECOM 1,027,897 2,195 468.29 182,972 0.016 361442 C R NEW ULM TELECOM, INC 4,922,125 12,692 387.81 367,879 0.032 361443 A R LORETEL SYSTEMS, INC Alliance Telecommunications Corporation 5,111,004 13,204 387.08 376,454 0.033 361445 C R CENTURYTEL-MINNESOTA CenturyTel, Inc. 17,721,792 30,396 583.03 5,149,497 0.453 361448 A R OSAKIS TEL CO Midwest Information Systems, Inc. 679,077 2,003 339.03 0 0.000 361450 A R PARK REGION MUTUAL Park Region Mutual Tel. Co. 2,198,652 4,989 440.70 316,121 0.028 361451 C R PAUL BUNYAN RURAL 7,895,736 10,968 719.89 2,983,939 0.263 361453 C R PEOPLES TEL CO - MN Midwest Information Systems, Inc. 1,741,181 1,972 882.95 777,665 0.068 361454
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- A R MINNESOTA VALLEY TEL Larson Utilities, Inc. 510,611 1,019 501.09 110,010 0.010 361440 A R CANNON VLY TELECOM 1,027,897 2,195 468.29 182,972 0.016 361442 C R NEW ULM TELECOM, INC 4,922,125 12,692 387.81 367,879 0.032 361443 A R LORETEL SYSTEMS, INC Alliance Telecommunications Corporation 5,111,004 13,204 387.08 376,454 0.033 361445 C R CENTURYTEL-MINNESOTA CenturyTel, Inc. 17,721,792 30,396 583.03 5,149,497 0.453 361448 A R OSAKIS TEL CO Midwest Information Systems, Inc. 679,077 2,003 339.03 0 0.000 361450 A R PARK REGION MUTUAL Park Region Mutual Tel. Co. 2,198,652 4,989 440.70 316,121 0.028 361451 C R PAUL BUNYAN RURAL 7,895,736 10,968 719.89 2,983,939 0.263 361453 C R PEOPLES TEL CO - MN Midwest Information Systems, Inc. 1,741,181 1,972 882.95 777,665 0.068 361454
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- Stat. 1068, as amended: 47 U.S.C. 155, 225, unless otherwise noted. Sections 0.441 through 0.470 are revised to read as follows: Sec. 0.441 General. 0.442 Disclosure to other Federal government agencies of information submitted to the Commission in confidence. 0.445 Publication availability and use of opinions, orders, policy statements, interpretations, administrative manuals and staff instructions. 0.451 Inspection of records: Generally. 0.453 Public reference rooms. 0.455 Other locations at which records may be inspected. 0.457 Records not routinely available for public inspection. 0.458 Nonpublic information. 0.459 Requests that materials or information submitted to the Commission be withheld from public inspection. 0.460 Requests for inspection of records which are routinely available for public inspection. 0.461 Requests for inspection of materials not routinely available
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- Long Distance Services, Inc. 20,299 119,059 37,458 0.001 Chibardun Telephone Cooperative, Inc. 7,291 53,561 10,820 0.000 Chickasaw Long Distance Company 38,292 349,768 69,066 0.001 Chippewa Valley Communications, Inc. 2,117 4,046 9,436 0.000 Choice Phone, LLC 97,521 435,807 48,617 0.001 Christensen Communications Company 1,800 5,630 2,221 0.000 Chunghwa Telecom Global, Inc. 91,401,201 156,957,578 6,684,896 0.096 CIMA Telecom, Inc. 25,236,938 252,369,384 31,546,173 0.453 CIMCO Communications, Inc. 1,868,798 4,682,259 963,869 0.014 Cincinnati Bell, Inc. Cincinnati Bell Any Distance, Inc. 3,107,945 16,391,435 4,311,846 0.062 Cincinnati Bell Wireless, LLC 1,038,141 4,263,887 6,467,680 0.093 Citizens Communications Company CTE Telecom, LLC d/b/a Frontier Commun. CTE Telecom Com. 131,593 836,084 441,078 0.006 Frontier Communications of America, Inc. (FCA) 3,026,093 18,744,906 13,243,661 0.190 GVN Services d/b/a Frontier Communications Global Valley
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- or modification to operate such station. Receive-only earth stations used to receive INTELNET I service from INTELSAT space stations need not file for licenses. See Deregulation of Receive-Only Satellite Earth Stations Operating with the INTELSAT Global Communications Satellite System, Declaratory Ruling, RM No. 4845, FCC 86-214 (released May 19, 1986) available through the International Reference Center, FCC, identified in Section 0.453(m) of this Title. 13. Amend 25.132 by revising paragraph (a) and adding new paragraph (b)(3) to read as follows: 25.132 Verification of earth station antenna performance standards. (a) All applications for transmitting earth stations must be accompanied by a certificate pursuant to 2.902 of the chapter from the manufacturer of each antenna that the results of a
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- submitted by: (a) Internet at www.fcc.gov/CIB/FCCINFO or ftp.fcc.gov/CIBFCCINFO. (b) Telephone at 1-(888) CALLFCC (1-888-225-5322). (c) TDD/TDY at (202) 418-0484. (d) Correspondence at: Consumer and Governmental Affairs Bureau, P.O. Box FCC, 445 12th Street, S.W., Washington, DC 20554. (e) Visiting the Reference Information Center of the Consumer and Governmental Affairs Bureau at the Commission's main office in Washington, DC. 36. Section 0.453 is amended by revising the introductory text and paragraphs (a), (b), (d), (e) and (f) and removing paragraph (l) to read as follows: 0.453 Public Reference Rooms. The Commission maintains the following public reference rooms at its offices in Washington, DC, and Columbia, Maryland. Much of the information available from the public reference rooms may also be retrieved from
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- Confidential Information Submitted to the Commission, 13 FCC Rcd 24816, 24818-20 (1998) (Confidential Information). App. for Rev. at 2, 3. See News Corp. Response, at 2, citing letters from Arthur M. Siskind, Senior Executive Vice President, News Corp. to Magalie Roman Salas, Secretary, FCC (January 22, 2001 and April 9, 2001). App. for Rev. at 2. See 47 C.F.R. 0.453(a)(2)(i)(G) (current reference). Confidential Information, 13 FCC Rcd at 24838. See nn. 2 and 4, supra. Id. Knoxville Broadcasting Co., 87 F.C.C.2d 1103, 1110 (1982). Leesburg Communications and Answering Service, Inc., 89 F.C.C.2d 119, 121 (1982). See 47 C.F.R. 0.457(d)(1). The Bureau cited Russell v. Department of the Air Force, 682 F.2d 1045, 1048 (D.C. Cir. 1982), because the Bureau
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- Advocacy of the Small Business Administration. APPENDIX B: PROPOSED RULES Parts 0 and 1 of Title 47 of the Code of Federal Regulations are proposed to be amended as follows: PART 0 -- COMMISSION ORGANIZATION 1. The authority citation for Part 0 continues to read as follows: AUTHORITY: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155 2. Section 0.453 is amended by revising paragraph (a)(2)(ii)(F) to read as follows: 0.453 Public reference rooms. * * * * * (a) * * * (2) * * * (ii) * * * (F) All formal complaints against common carriers filed under 1.711 through 1.735 of this chapter, all documents filed in connection therewith and all communications related thereto. * *
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- Managing Director (Dec. 8, 2003) (Qwest FOIA Response). AT&T FOIA Response at 2; Sprint FOIA Response at 2; SBC FOIA Response at 2; Qwest FOIA Response at 1-2. Letter from Thomas G. Maag, Esq., The Lakin Law Firm, PC, to Adrian Wright, Telecommunications Analyst, WCB (Dec. 19, 2003) at 7-13 (Lakin FOIA Reply). Id. at 4-6 citing 47 C.F.R. 0.453(a)(2)(ii)(L) and 0.453(a)(2)(ii)(M). Id. at 13 citing Examination of Current Policy Concerning the Treatment of Confidential Information Submitted to the Commission, 13 FCC Rcd 24816, 24851 (1998) (Confidentiality Order) (``We also would expect to use the standard protective order where contributors to universal service support mechanisms justify non-disclosure of company-specific data pursuant to section 54.711(b) of the rules.''). Letter from Joseph
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- may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice.''). See 47 U.S.C. 503(b)(4). AFR at 2. AFR at 2. RMR cites 47 C.F.R. 0.455(b)(13), but there is no such section of our rules. The language RMR quotes is in fact from 47 C.F.R. 0.453(a)(2)(ii)(F). See Establishment Of Rules Governing Procedures To Be Followed When Informal Complaints Are Filed By Consumers Against Entities Regulated By The Commission, Notice of Proposed Rulemaking, 17 FCC Rcd 3919, 3922 (2002) (``[I]n the common carrier context, consumers and carriers often have a direct contractual relationship. No such relationship exists, for example, between broadcast licensees and consumers. Moreover, whereas consumers
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- far different than a public release of information under the FOIA. Third, CBS wrongly argues that the complaints are routinely available records because they are not specifically listed among the ``records not routinely available for public inspection.'' This argument fails, however, because under 47 C.F.R. 0.461, ``[a]ny person desiring to inspect Commission records which are not listed in 0.453 or 0.455 [the rules listing records routinely available for public inspection] shall file a [FOIA] request for inspection meeting the requirements of this section.'' Complaints against broadcasters are not among the records listed in those rules as routinely available. Thus, a FOIA request under section 0.461 is required to inspect those complaints, and in considering such a request, the
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- discrimination or other anticompetitive actions against competing U.S. carriers as a strategy to obtain pricing concessions regarding the exchange of international traffic. See Ruling at 3 n.20. Ruling at 1-2. International settlement agreements filed with the Commission are maintained by IB and are routinely available unless excluded from routine public inspection by another provision of the rules. 47 C.F.R. 0.453(e), 0.453(l)(5). Under 47 C.F.R. 43.51(f)(1), carriers providing service on international routes exempt from the ISP may seek confidential treatment for the terms of the agreement (to the extent they are required to be filed), but the rules provide no similar opportunity to seek confidential treatment for agreements subject to the ISP. Thus, in 1999 and at present, agreements subject
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- Veteran Affairs, 257 F. Supp.2d 988, 1010 (S.D.Ohio 2003), recon. granted on other grounds, reported at 2005 WL 2405992 (VA not required to disclose names of claimants who filed lawsuits although computerized search of court records could reveal names). In none of these cases, however, was the record requested itself public, as defined by Reporters Committee. See 47 C.F.R. 0.453(a)(iii)(E) (indicating public availability of authorizations in wireless radio services). See note 4, supra. 5 U.S.C. 552a. In Reporters Committee, the Court cited the Privacy Act as evidence of a congressional concern, relevant to the FOIA, over the privacy of personal information. Reporters Committee, 489 U.S. at 766-67. 5 U.S.C. 552a(b)(3), (e)(4)(d). Wireless Services Licensing Records FCC/WTB-1, 71 Fed.
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- indexed and either made available or published as provided in this paragraph . . .''). Materials such as opinions, orders, and policy statements are routinely available for public inspection on the Commission's website, and in the FCC Record and the Federal Register. See generally 47 C.F.R. 0.445. Records routinely available for public inspection are listed in 47 C.F.R. 0.453 and 0.455, and are available at the places noted in those rules or through the procedures set forth in 47 C.F.R. 0.460. Publicly available sources disclose a 1978 Public Notice that states that while ``Part 73, Subpart G and the EBS checklist do not specifically prohibit the addition of any music, humming, singing, background noise, etc., to the EBS
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- to read as follows: 0.445 Publication, availability and use of opinions, orders, policy statements, interpretations, administrative manuals, and staff instructions. (a) Adjudicatory opinions and orders of the Commission, or its staff acting on delegated authority, are mailed or delivered by electronic means to the parties, and as part of the record, are available for inspection in accordance with 0.453 and 0.455. Part 1 of Title 47 of the Code of Federal Regulations is proposed to be amended as follows: Part 1 - Practice and Procedure 1. The authority citation for part 1 is amended to read as follows: Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309. 2. Section 1.4 is
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- procedures. Miscellaneous Part 0 Rules Finally, we take this opportunity to make editorial changes to our regulations implementing the Freedom of Information Act (FOIA) so as to address issues that have come to our attention since we last reviewed and amended these regulations. Consistent with the Administrative Procedure Act, we adopt these corrective modifications without notice and comment. In Section 0.453(c)(5), we inadvertently omitted the words ``carrier-to-carrier'' in the description of informal complaints that are routinely available, and will amend that subsection accordingly. Section 0.459(f) incorrectly cites Section 0.457(g), instead of Section 0.457(d), and will be corrected. In the FOIA Rules decision, we indicated that we were amending our rules ``to require that written requests to obtain copies of records routinely
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-75A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-75A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-75A1.txt
- of Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A Proposed Rules It is proposed that Parts 0, 43 and 64 of the Commission rules be amended as follows: PART 0 - COMMISSION ORGANIZATION The authority citation for part 0 continues to read as follows: AUTHORITY: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155. Section 0.453 is amended by revising paragraph (e)(6) to read as follows: 0.453 Public reference rooms. * * * * * (e) * * * * * * (6) Contracts and other arrangements filed under 43.51(b)(3) of this chapter, except for those that are filed with a request for confidential treatment (see 0.459) or are deemed confidential pursuant to sec. 412
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-75A1_Rcd.pdf
- COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 7258 Federal Communications Commission FCC 11-75 APPENDIX A Proposed Rules It is proposed that Parts 0, 43 and 64 of the Commission rules be amended as follows: PART 0 COMMISSION ORGANIZATION 1.The authority citation for part 0 continues to read as follows: AUTHORITY: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155. 2.Section 0.453 is amended by revising paragraph (e)(6) to read as follows: 0.453 Public reference rooms. * * * * * (e) * * * * * * (6) Contracts and other arrangements filed under 43.51(b)(3) of this chapter, except for those that are filed with a request for confidential treatment (see 0.459) or are deemed confidential pursuant to sec. 412 of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-76A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-76A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-76A1.txt
- (dated May 14, 2010). Section 0.451 of our rules governing disclosure of information distinguishes between records that are ``routinely available'' for public inspection and those that are not. 47 C.F.R. 0.451(a) (records routinely available for public inspection) and 0.451(b) (records not routinely available for public inspection). The carriers' Section 43.61 traffic and revenue reports are not listed in Section 0.453 and 0.455, which identify records that are routinely available for public inspection, or in Section 0.457, which identified records that are not routinely available for public inspection, 47 C.F.R. 0.453, 0.455 and 0.457. See 47 C.F.R. 0.457-0.462. See NPRM, Appendix C, 19 FCC Rcd at 6512, 25-26. See Section IV.B.2.f, paras. 77-83, supra. See Section III, paras. 18-27,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-76A1_Rcd.pdf
- Secretary, FCC (dated May14, 2010). 280Section 0.451 of our rules governing disclosure of information distinguishesbetween records that are "routinely available" for public inspection and those that are not. 47 C.F.R. 0.451(a) (records routinely available for public inspection) and 0.451(b) (records not routinely available for public inspection). The carriers' Section 43.61 traffic and revenue reports are not listed in Section 0.453 and 0.455, which identify records that are routinely available for public inspection, or in Section 0.457, which identified records that are not routinely available for public inspection, 47 C.F.R. 0.453, 0.455 and 0.457. 7322 Federal Communications Commission FCC 11-76 information filed with the Commission that would be treated as not routinely available to the public. We would consider other
- http://transition.fcc.gov/eb/Orders/2007/DA-07-1313A1.html
- of Information Act ("FOIA") request, because the material gathered as part of the investigation was not routinely available to the public. Alternatively, it was also suggested that counsel contact his client for either a copy of the catalog or the password. Counsel argues that the refusal to give him the catalog was a denial of due process. We disagree. Sections 0.453 and 0.455 of the Rules detail the records that are routinely available for public inspection at the Commission. Unless a type of record is listed in Sections 0.453 and 0.455, a request to inspect the record must be made pursuant to the Commission's FOIA procedures, specifically Section 0.461 of the Rules. The type of investigatory records compiled for this enforcement
- http://transition.fcc.gov/eb/broadcast/Pleadings/Viacom.pdf
- time went on the Commission's "general practice" was reduced to "not a requirement" and finally became merely something "used by the Commission to assist in the evaluation of indecency complaints." Id. 147 The Commission's decision to act on anonymous complaints is puzzling since current rules provide that informal complaints should be routinely available to the public. See 47 C.F.R. 0.453(a)(2)(ii)(F), 0.453(a)(2)(ii)(H). In a similar vein, in the context of the instant LOI and NAL, it is puzzling that the Commission used the occasion of undefined complaints about "cer- tain commercials" during the Super Bowl as an occasion to review "all" the commercials in the telecast, under the aegis of investigating the halftime show, especially given that the Commis- sion, predictably,
- http://transition.fcc.gov/foia/Chief-FOIA-Officer-Report-2010.doc
- Section III, infra). Second, during FY 2009 the FCC revised its FOIA rules to implement the Openness Promotes Effectiveness in our National Government Act of 2007, which amended the FOIA to promote accessibility, openness, and accountability. Our amended FOIA rules include an update of the sections listing the routinely available records accessible without filing a FOIA request (47 C.F.R. 0.453 and 0.455). Our FOIA rules now clearly reflect the vast array of FCC records available to the public (many on the agency's website) without having to resort to filing a FOIA request. Apparently as a result, there has been a decline in the number of FOIA requests, and a higher percentage of those requests we do receive are for records
- http://transition.fcc.gov/foia/Welcome.html
- the FOIA Requester Service Center. What types of materials are available without filing a FOIA request? You do not have to file a FOIA request to obtain information which is routinely available for public inspection, including records from docketed cases, broadcast applications and related files, petitions for rulemakings, various legal and technical publications, legislative history compilations, etc. See [45]47 C.F.R. 0.453 and [46]0.455. Much of this information is available on [47]our website. How do I obtain publicly available documents and other materials from the FCC? Many of these documents and other FCC publications already appear on the [48]FCC's Internet Homepage. Documents may also be viewed in the FCC Reference Information Center at the FCC Headquarters at 445 12th Street, S.W., Washington,
- http://transition.fcc.gov/foia/cfr.html
- FOIA (47 C.F.R. 0.441 - 0.470) [19]47 C.F.R. 0.441 General. [20]47 C.F.R. 0.442 Disclosure to other Federal government agencies of information submitted to the Commission in confidence. 47 C.F.R. 0.443 General information office. [21]47 C.F.R. 0.445 Publication, availability and use of opinions, orders, policy statements, interpretations, administrative manuals, and staff instructions. [22]47 C.F.R. 0.451 Inspection of records: Generally. [23]47 C.F.R. 0.453 Public reference rooms. [24]47 C.F.R. 0.455 Other locations at which records may be inspected. [25]47 C.F.R. 0.457 Records not routinely available for public inspection. [26]47 C.F.R. 0.459 Requests that materials or information submitted to the Commission be withheld from public inspection. [27]47 C.F.R. 0.460 Requests for inspection of records which are routinely available for public inspection. [28]47 C.F.R. 0.461 Requests
- http://transition.fcc.gov/webpolicies.html
- Government's records. Congress has since expanded the scope of the FOIA to encompass electronic records. However, you do not have to file a FOIA request to obtain information which is routinely available for public inspection, including records from docketed cases, broadcast applications and related files, petitions for rulemakings, various legal and technical publications, legislative history compilations, etc. See 47 C.F.R. 0.453 and 0.455. Much of this information is available on our website. Visit the [45]FCC FOIA Home Page for an informal explanation of the FOIA process at the FCC. Homeland Security Presidential Directive 12 (HSPD-12) HSPD-12 guidance requires that agencies complete background checks on all current employees and contractors and issue Personal Identity Verification (PIV) credentials. Agencies are required to post
- http://wireless.fcc.gov/foia.html
- Service Center. [48]Return to top What types of materials are available without filing a FOIA request? You do not have to file a FOIA request to obtain information which is routinely available for public inspection, including records from docketed cases, broadcast applications and related files, petitions for rulemakings, various legal and technical publications, legislative history compilations, etc. See 47 C.F.R. [49]0.453 and [50]0.455. Much of this information is available on [51]our website. [52]Return to top How do I obtain publicly available documents and other materials from the FCC? Many of these documents and other FCC publications already appear on the [53]FCC's Internet Homepage. Documents may also be viewed in the FCC Reference Information Center at the FCC Headquarters at 445 12th
- http://wireless.fcc.gov/webpolicies.html
- Government's records. Congress has since expanded the scope of the FOIA to encompass electronic records. However, you do not have to file a FOIA request to obtain information which is routinely available for public inspection, including records from docketed cases, broadcast applications and related files, petitions for rulemakings, various legal and technical publications, legislative history compilations, etc. See 47 C.F.R. 0.453 and 0.455. Much of this information is available on our website. Visit the [50]FCC FOIA Home Page for an informal explanation of the FOIA process at the FCC. [51]Return to top Homeland Security Presidential Directive 12 (HSPD-12) HSPD-12 guidance requires that agencies complete background checks on all current employees and contractors and issue Personal Identity Verification (PIV) credentials. Agencies are
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrs02-0.pdf
- Inc. 2,947,221 4,641 635.04 1,130,479 0.116 482252A R RONAN TEL CO 1,294,916 4,355 297.34 0 0.000 482254C R SOUTHERN MONTANA TEL 690,388 1,070 645.22 268,806 0.028 482255C R 3-RIVERS TEL COOP 12,292,277 19,075 644.42 4,780,580 0.491 482257C R TRIANGLE TEL COOP Triangle Tel. 4,870,846 10,849 448.97 1,128,650 0.116 483308C R CLARK FORK TELECOM Blackfoot Tel. Coop. 8,644,797 8,877 973.84 4,417,951 0.453 483310C R CENTRAL MONTANA Triangle Tel. 5,441,185 8,175 665.59 2,178,618 0.224 484322C R CITIZENS-MONTANA Citizens Communications Company 4,929,984 9,018 546.68 1,599,028 0.164 485104C N QWEST CORP-MT Qwest Communications International, Inc. 101,743,243 381,611 266.61 0 0.000 TOTAL: NEBRASKA 270,811,275 1,015,125 266.78 10,141,917 1.041 371128C R CITIZENS-NE-FT KEARN Citizens Communications Company 16,876,318 62,206 271.30 0 0.000 371516C R ARAPAHOE TEL CO 1,390,898
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op980925.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op980925.wp
- in WT Docket No. 98-169 only. WT 98-160; NPRM 9/18/98 (adopted 9/17/98); FCC 98-217 1998 Biennial Regulatory Review -- Amendment of Part ) of the Commission's Rules to Close the Wireless Telecommunications Bureau's Gettysburg Reference Facility The Commission proposed to amend rules to eliminate the Wireless Telecommunications Bureau's Reference Room in Gettysburg, Pennsylvania. The Commission also proposed to update Section 0.453 of the Commission's Rules to accurately reflect the location and availability of license application information within the Wireless Bureau. Comments due 30 days after publication in the Federal Register; reply comments due 45 days after publication in the Federal Register. CC 94-102; DA 9/22/98; DA 98-1936 Additional Comment Sought - Wireless 911 "Strongest Signal" Proposal Filed by Ad Hoc Alliance
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op981002.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op981002.wp
- in WT Docket No. 98-169 only. WT 98-160; NPRM 9/18/98 (adopted 9/17/98); FCC 98-217 1998 Biennial Regulatory Review -- Amendment of Part ) of the Commission's Rules to Close the Wireless Telecommunications Bureau's Gettysburg Reference Facility The Commission proposed to amend rules to eliminate the Wireless Telecommunications Bureau's Reference Room in Gettysburg, Pennsylvania. The Commission also proposed to update Section 0.453 of the Commission's Rules to accurately reflect the location and availability of license application information within the Wireless Bureau. Comments due 30 days after publication in the Federal Register; reply comments due 45 days after publication in the Federal Register. CC 94-102; DA 9/22/98; DA 98-1936 Additional Comment Sought - Wireless 911 "Strongest Signal" Proposal Filed by Ad Hoc Alliance
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op981009.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op981009.wp
- in WT Docket No. 98-169 only. WT 98-160; NPRM 9/18/98 (adopted 9/17/98); FCC 98-217 1998 Biennial Regulatory Review -- Amendment of Part ) of the Commission's Rules to Close the Wireless Telecommunications Bureau's Gettysburg Reference Facility The Commission proposed to amend rules to eliminate the Wireless Telecommunications Bureau's Reference Room in Gettysburg, Pennsylvania. The Commission also proposed to update Section 0.453 of the Commission's Rules to accurately reflect the location and availability of license application information within the Wireless Bureau. Comments due 30 days after publication in the Federal Register; reply comments due 45 days after publication in the Federal Register. CC 94-102; DA 9/22/98; DA 98-1936 Additional Comment Sought - Wireless 911 "Strongest Signal" Proposal Filed by Ad Hoc Alliance
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op981113.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op981113.wp
- in WT Docket No. 98-169 only. WT 98-160; NPRM 9/18/98 (adopted 9/17/98); FCC 98-217 1998 Biennial Regulatory Review -- Amendment of Part ) of the Commission's Rules to Close the Wireless Telecommunications Bureau's Gettysburg Reference Facility The Commission proposed to amend rules to eliminate the Wireless Telecommunications Bureau's Reference Room in Gettysburg, Pennsylvania. The Commission also proposed to update Section 0.453 of the Commission's Rules to accurately reflect the location and availability of license application information within the Wireless Bureau. Comments due 30 days after publication in the Federal Register; reply comments due 45 days after publication in the Federal Register. PN 9/28/98; DA 98-1970; Report LB-98-70 ALLTEL Corporation and Standard Group, Inc. Seek FCC Consent for Transfer of Control -
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op981127.html
- efficient development of wireless number portability. WT 98-160; NPRM 9/18/98 (adopted 9/17/98); FCC 98-217 1998 Biennial Regulatory Review -- Amendment of Part ) of the Commission's Rules to Close the Wireless Telecommunications Bureau's Gettysburg Reference Facility The Commission proposed to amend rules to eliminate the Wireless Telecommunications Bureau's Reference Room in Gettysburg, Pennsylvania. The Commission also proposed to update Section 0.453 of the Commission's Rules to accurately reflect the location and availability of license application information within the Wireless Bureau. Comments due 30 days after publication in the Federal Register; reply comments due 45 days after publication in the Federal Register. WT 96-86; 1st R&O and 3rd NPRM 9/29/98 (adopted 8/6/98); FCC 98-191 The Development of Operational, Technical and Spectrum Requirements
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op981204.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op981204.wp
- efficient development of wireless number portability. WT 98-160; NPRM 9/18/98 (adopted 9/17/98); FCC 98-217 1998 Biennial Regulatory Review -- Amendment of Part ) of the Commission's Rules to Close the Wireless Telecommunications Bureau's Gettysburg Reference Facility The Commission proposed to amend rules to eliminate the Wireless Telecommunications Bureau's Reference Room in Gettysburg, Pennsylvania. The Commission also proposed to update Section 0.453 of the Commission's Rules to accurately reflect the location and availability of license application information within the Wireless Bureau. Comments due 30 days after publication in the Federal Register; reply comments due 45 days after publication in the Federal Register. WT 96-86; 1st R&O and 3rd NPRM 9/29/98 (adopted 8/6/98); FCC 98-191 The Development of Operational, Technical and Spectrum Requirements
- http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op981211.html http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op981211.wp
- efficient development of wireless number portability. WT 98-160; NPRM 9/18/98 (adopted 9/17/98); FCC 98-217 1998 Biennial Regulatory Review -- Amendment of Part ) of the Commission's Rules to Close the Wireless Telecommunications Bureau's Gettysburg Reference Facility The Commission proposed to amend rules to eliminate the Wireless Telecommunications Bureau's Reference Room in Gettysburg, Pennsylvania. The Commission also proposed to update Section 0.453 of the Commission's Rules to accurately reflect the location and availability of license application information within the Wireless Bureau. Comments due 30 days after publication in the Federal Register; reply comments due 45 days after publication in the Federal Register. WT 96-86; 1st R&O and 3rd NPRM 9/29/98 (adopted 8/6/98); FCC 98-191 The Development of Operational, Technical and Spectrum Requirements
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970121.html
- Petitioners may register, under Part 68 of the Commission's Rules, devices that detect the presence of a stutter dial tone. Action by Chief, Network Services Division, Common Carrier Bureau. Adopted: January 16, 1996. by Order. (DA No. 97-135). CCB Internet URL: [15]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/da970135.txt SOUTHWESTERN BELL TELEPHONE COMPANY TARIFF F.C.C. NO. 73. Granted Southwestern Bell Telephone Company's request for waiver of Sections 0.453(j) and 0.455(b)(11) of the Commission's Rules. Denied petition to reject or suspend and investigate Southwestern Bell Telephone Company Tariff F.C.C. No. 73 Transmittal No. 2596, filed by MCI Telecommunications Corporation. Action by Deputy Chief, Competitive Pricing Division, Common Carrier Bureau. Adopted: January 17, 1997. by Order. (DA No. 97-119). CCB POLICY AND RULES CONCERNING THE INTERSTATE, INTEREXCHANGE MARKETPLACE/IMPLEMENTATION OF SECTION
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980611.html
- Petition for Temporary Waiver filed by Puerto Rico Telephone Company. Dkt No.: WT-96-162. Action by Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. Adopted: June 10, 1998. by Order. (DA No. 98-1105). WTB Internet URL: [7]http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da981105.wp 1998 BIENNIAL REGULATORY REVIEW. Amended the Commission's rules to eliminate the Wireless Telecommunications Bureau's Reference Room in Gettysburg, PA effective August 14, 1998. Updated Section 0.453 of the Commission's Rules to accurately reflect the location and availability of license application information within the Wireless Bureau. Action by the Commission. Adopted: May 14, 1998. by Order. (FCC No. 98-95). WTB Contact: Walter Boswell, Wireless Telecommunications Bureau, at (717) 338-2601. Internet URL: [8]http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98095.wp PETITION OF PITTENCRIEFF COMMUNICATIONS, INC. Granted the request to Withdraw Petition for Reconsideration by Comcast
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990324.html
- 29. Dkt No.: MD- 98-200. Action by the Commission. Adopted: March 9, 1999. by NPRM. (FCC No. 99-44). OMD Internet URL: [11]http://www.fcc.gov/Bureaus/Miscellaneous/Notices/1999/fcc99044.wp 1998 BIENNIAL REGULATORY REVIEW - AMENDMENT OF PART 0 OF THE COMMISSION'S RULES TO CLOSE THE WTB'S GETTYSBURG REFERENCE FACILITY. Amended the Commission's Rules to eliminate the Wireless Telecommunications Bureau's Reference Room in Gettysburg, Pennsylvania. Also updated Section 0.453 of the Commission's Rules to accurately reflect the location and availability of license application information within the Wireless Bureau. Dkt No.: WT- 98-160. Action by the Commission. Adopted: March 11, 1999. by R&O. (FCC No. 99-45). WTB Contact: Walter Boswell at (717) 338-2601. Internet URL: [12]http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99045.wp ADDENDA: The following items, released March 23, 1999, did not appear in Digest No.
- http://www.fcc.gov/eb/Orders/2007/DA-07-1313A1.html
- of Information Act ("FOIA") request, because the material gathered as part of the investigation was not routinely available to the public. Alternatively, it was also suggested that counsel contact his client for either a copy of the catalog or the password. Counsel argues that the refusal to give him the catalog was a denial of due process. We disagree. Sections 0.453 and 0.455 of the Rules detail the records that are routinely available for public inspection at the Commission. Unless a type of record is listed in Sections 0.453 and 0.455, a request to inspect the record must be made pursuant to the Commission's FOIA procedures, specifically Section 0.461 of the Rules. The type of investigatory records compiled for this enforcement
- http://www.fcc.gov/eb/broadcast/Pleadings/Viacom.pdf
- time went on the Commission's "general practice" was reduced to "not a requirement" and finally became merely something "used by the Commission to assist in the evaluation of indecency complaints." Id. 147 The Commission's decision to act on anonymous complaints is puzzling since current rules provide that informal complaints should be routinely available to the public. See 47 C.F.R. 0.453(a)(2)(ii)(F), 0.453(a)(2)(ii)(H). In a similar vein, in the context of the instant LOI and NAL, it is puzzling that the Commission used the occasion of undefined complaints about "cer- tain commercials" during the Super Bowl as an occasion to review "all" the commercials in the telecast, under the aegis of investigating the halftime show, especially given that the Commis- sion, predictably,
- http://www.fcc.gov/foia/Chief-FOIA-Officer-Report-2010.doc
- Section III, infra). Second, during FY 2009 the FCC revised its FOIA rules to implement the Openness Promotes Effectiveness in our National Government Act of 2007, which amended the FOIA to promote accessibility, openness, and accountability. Our amended FOIA rules include an update of the sections listing the routinely available records accessible without filing a FOIA request (47 C.F.R. 0.453 and 0.455). Our FOIA rules now clearly reflect the vast array of FCC records available to the public (many on the agency's website) without having to resort to filing a FOIA request. Apparently as a result, there has been a decline in the number of FOIA requests, and a higher percentage of those requests we do receive are for records
- http://www.fcc.gov/foia/Welcome.html
- the FOIA Requester Service Center. What types of materials are available without filing a FOIA request? You do not have to file a FOIA request to obtain information which is routinely available for public inspection, including records from docketed cases, broadcast applications and related files, petitions for rulemakings, various legal and technical publications, legislative history compilations, etc. See [45]47 C.F.R. 0.453 and [46]0.455. Much of this information is available on [47]our website. How do I obtain publicly available documents and other materials from the FCC? Many of these documents and other FCC publications already appear on the [48]FCC's Internet Homepage. Documents may also be viewed in the FCC Reference Information Center at the FCC Headquarters at 445 12th Street, S.W., Washington,
- http://www.fcc.gov/foia/cfr.html
- FOIA (47 C.F.R. 0.441 - 0.470) [19]47 C.F.R. 0.441 General. [20]47 C.F.R. 0.442 Disclosure to other Federal government agencies of information submitted to the Commission in confidence. 47 C.F.R. 0.443 General information office. [21]47 C.F.R. 0.445 Publication, availability and use of opinions, orders, policy statements, interpretations, administrative manuals, and staff instructions. [22]47 C.F.R. 0.451 Inspection of records: Generally. [23]47 C.F.R. 0.453 Public reference rooms. [24]47 C.F.R. 0.455 Other locations at which records may be inspected. [25]47 C.F.R. 0.457 Records not routinely available for public inspection. [26]47 C.F.R. 0.459 Requests that materials or information submitted to the Commission be withheld from public inspection. [27]47 C.F.R. 0.460 Requests for inspection of records which are routinely available for public inspection. [28]47 C.F.R. 0.461 Requests
- http://www.fcc.gov/ib/sand/mniab/traffic/files07/CREPOR07.PDF
- Long Distance Services, Inc. 20,299 119,059 37,458 0.001 Chibardun Telephone Cooperative, Inc. 7,291 53,561 10,820 0.000 Chickasaw Long Distance Company 38,292 349,768 69,066 0.001 Chippewa Valley Communications, Inc. 2,117 4,046 9,436 0.000 Choice Phone, LLC 97,521 435,807 48,617 0.001 Christensen Communications Company 1,800 5,630 2,221 0.000 Chunghwa Telecom Global, Inc. 91,401,201 156,957,578 6,684,896 0.096 CIMA Telecom, Inc. 25,236,938 252,369,384 31,546,173 0.453 CIMCO Communications, Inc. 1,868,798 4,682,259 963,869 0.014 Cincinnati Bell, Inc. Cincinnati Bell Any Distance, Inc. 3,107,945 16,391,435 4,311,846 0.062 Cincinnati Bell Wireless, LLC 1,038,141 4,263,887 6,467,680 0.093 Citizens Communications Company CTE Telecom, LLC d/b/a Frontier Commun. CTE Telecom Com. 131,593 836,084 441,078 0.006 Frontier Communications of America, Inc. (FCA) 3,026,093 18,744,906 13,243,661 0.190 GVN Services d/b/a Frontier Communications Global Valley
- http://www.fcc.gov/webpolicies.html
- Government's records. Congress has since expanded the scope of the FOIA to encompass electronic records. However, you do not have to file a FOIA request to obtain information which is routinely available for public inspection, including records from docketed cases, broadcast applications and related files, petitions for rulemakings, various legal and technical publications, legislative history compilations, etc. See 47 C.F.R. 0.453 and 0.455. Much of this information is available on our website. Visit the [45]FCC FOIA Home Page for an informal explanation of the FOIA process at the FCC. Homeland Security Presidential Directive 12 (HSPD-12) HSPD-12 guidance requires that agencies complete background checks on all current employees and contractors and issue Personal Identity Verification (PIV) credentials. Agencies are required to post