Ajit.Pai@fcc.gov Email Records Concerning Comments

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2817549f0)
* Tracking Number: FCC-2018-000213
* Requester Name: Taylor S. Amarel
* Date Submitted: 12/11/2017
* Request Status: Submitted
* Description: To Whom It May Concern: This is a request under the Freedom of Information Act. I hereby request the following records: I would like to obtain all email records sent from Ajit Pai (Ajit.Pai@fcc.gov or other email addresses used by Ajit Pai) containing the non-case-sensitive key-string of "comments, from January 1, 2016 to Present Day. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Mr. Amarel -

Attached is a decision addressing your Freedom of Information Act (FOIA) requests filed in FOIA Control Numbers 2018-000210, -213, -214, and -215.

Stephanie Kost
FCC FOIA Public Liaison
Federal Communications Commission
Office of Managing Director
Performance Evaluation and Records Management
445 12th St., Washington, DC 20554
Telephone number: 202-418-1379

Mr. Amarel,

Attached please find a letter addressing your appeal of FOIA 2018-213 et al.

Ryan Yates
Attorney Advisor
Federal Communications Commission
Office of General Counsel
202-418-0886
ryan.yates@fcc.gov

Mr. Amarel,

Our communication of July 2 was just a courtesy copy of our original response. It was provided because you asked for an update on a request that our records reflected as closed. As shown in the attached e-mail, we originally sent the response on January 29, 2018. The January 29 delivery is similarly reflected at https://www.muckrock.com/foi/united-states-of-america-10/ajit-pai-net-net-neutrality-records-46121/. We also sent the same documents to you again on May 21, 2018, as shown in https://www.muckrock.com/foi/united-states-of-america-10/ajitpaifccgov-email-records-concerning-net-neutrality-46125/. While we provided these courtesy copies to help resolve your questions, per Commission rules, the time for filing an appeal runs from the date of the original agency determination, rather than the date of the courtesy copies. If you have any further questions, please let me know.

Ryan Yates
Attorney Advisor
Federal Communications Commission
Office of General Counsel
202-418-0886
ryan.yates@fcc.gov

This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: FCC-2018-000807
* Request Tracking Number: FCC-2018-000213
* Requester Name: Taylor Amarel
* Date Submitted: 07/03/2018
* Appeal Status: Submitted
* Description: 1.) The Tuesday, November 21, 2017 5:08 PM email from Ajit Pai to Lori Alexiou, Matthew Berry, Nicholas Degani, and Jay Schwarz, titled "RE: Meeting Request -- WISPA". Based on the contents of the email, using the B(5) exemption is not applicable and instead appears to be a redaction made for the sole purpose of hiding Ajit Pai's comments - which may be considered controversial - but are critical to the public understanding of how the FCC operators. The use of the B(5) redaction runs contrary to the letter and intent of FOIA law as well as contrary to the DOJ guidance to reveal as much as possible in FOIA requests. 2.) The Tuesday, November 21, 2017 5:08 PM email from Lori Alexiou titled "FW: Meeting Request -- WISPA". Based on the contents of the email, using the B(5) exemption is not applicable and instead appears to be a redaction made for the sole purpose of hiding Lori Alexiou's comments - which may be considered controversial - but are critical to the public understanding of how the FCC operators. The use of the B(5) redaction runs contrary to the letter and intent of FOIA law as well as contrary to the DOJ guidance to reveal as much as possible in FOIA requests.
3.) The Wednesday, November 15, 2017 9:39 AM email from Ajit Pai to Matthew Berry, Lori Alexiou, Nicholas Degani, and Rachel Bender titled "RE: Press Inquiries". Based on the contents of the email, using the B(5) exemption is not applicable and instead appears to be a redaction made for the sole purpose of hiding Ajit Pai's comments - which may be considered controversial - but are critical to the public understanding of how the FCC operators. The use of the B(5) redaction runs contrary to the letter and intent of FOIA law as well as contrary to the DOJ guidance to reveal as much as possible in FOIA requests.
If you are unable to release the records within these redactions, please provide me with a Vaughn Index describing generating the substance of the redactions and why they can not be disclosed.

The FOIA appeal FCC-2018-000807 has had its Tracking Number changed to FCC-2018-000807. This is normally due to the appeal being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this appeal are as follows:
* Old Tracking Number: FCC-2018-000807
* New Tracking Number: FCC-2018-000807
* Requester Name: Taylor S Amarel
* Date Submitted: 08/06/2018
* Long Description: 1.) The Tuesday, November 21, 2017 5:08 PM email from Ajit Pai to Lori Alexiou, Matthew Berry, Nicholas Degani, and Jay Schwarz, titled "RE: Meeting Request -- WISPA". Based on the contents of the email, using the B(5) exemption is not applicable and instead appears to be a redaction made for the sole purpose of hiding Ajit Pai's comments - which may be considered controversial - but are critical to the public understanding of how the FCC operators. The use of the B(5) redaction runs contrary to the letter and intent of FOIA law as well as contrary to the DOJ guidance to reveal as much as possible in FOIA requests. 2.) The Tuesday, November 21, 2017 5:08 PM email from Lori Alexiou titled "FW: Meeting Request -- WISPA". Based on the contents of the email, using the B(5) exemption is not applicable and instead appears to be a redaction made for the sole purpose of hiding Lori Alexiou's comments - which may be considered controversial - but are critical to the public understanding of how the FCC operators. The use of the B(5) redaction runs contrary to the letter and intent of FOIA law as well as contrary to the DOJ guidance to reveal as much as possible in FOIA requests.
3.) The Wednesday, November 15, 2017 9:39 AM email from Ajit Pai to Matthew Berry, Lori Alexiou, Nicholas Degani, and Rachel Bender titled "RE: Press Inquiries". Based on the contents of the email, using the B(5) exemption is not applicable and instead appears to be a redaction made for the sole purpose of hiding Ajit Pai's comments - which may be considered controversial - but are critical to the public understanding of how the FCC operators. The use of the B(5) redaction runs contrary to the letter and intent of FOIA law as well as contrary to the DOJ guidance to reveal as much as possible in FOIA requests.
If you are unable to release the records within these redactions, please provide me with a Vaughn Index describing generating the substance of the redactions and why they can not be disclosed.