AIM FCC complaints

Emma Best filed this request with the Federal Communications Commission of the United States of America.
Tracking #

FCC-2019-000056

Due Dec. 3, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Emma Best


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Complaints filed by, on behalf of or mentioning Accuracy In Media.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as MuckRock, Motherboard, Property of the People, AND Magazine, Unicorn Riot, and more. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and and the journalist non-profit, MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.

Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

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.

Sincerely,

Emma Best

From: Federal Communications Commission

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=FCC-2019-000056&type=request)
* Tracking Number: FCC-2019-000056
* Requester Name: Emma Best
* Date Submitted: 10/24/2018
* Request Status: Submitted
* Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Complaints filed by, on behalf of or mentioning Accuracy In Media.
As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.
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.
Sincerely,
Emma Best

From: Federal Communications Commission

The FOIA request - FCC-2019-000056 description has been modified. Additional details for this item are as follows:
* Tracking Number: FCC-2019-000056
* Requester: Emma Best
* Submitted Date: 10/24/2018
* Description: Complaints filed by, on behalf of or mentioning Accuracy In Media.

From: Federal Communications Commission

Your request for Fee Waiver for the FOIA request FCC-2019-000056 has been determined to be not applicable as the request is not billable. Additional details for this request are as follows:
* Request Created on: 10/24/2018
* Request Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Complaints filed by, on behalf of or mentioning Accuracy In Media.
As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.
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.
Sincerely,
Emma Best

* Fee Waiver Original Justification: I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as MuckRock, Motherboard, Property of the People, AND Magazine, Unicorn Riot, and more. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and and the journalist non-profit, MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.
Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.
Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category.
I request that fees be waived.

* Fee Waiver Disposition Reason: N/A

From: Federal Communications Commission

Dear Ms. Best this email is in reference to your recent FOIA request you filed with the FCC regarding complaints "mentioning Accuracy In Media." You also asked that we provide you with the "raw data available." Please clarify if you are seeking copies of the actual complaints, if any, or just the data.

If we don't hear back from you by close of business on November 12, 2018, we will assume that you are no longer interesting in pursuing your request. Therefore, we will close your request. You may file a new request at any time.

Sincerely,

Mike Hennigan

Consumer Policy Division

Consumer & Governmental Affairs Bureau

202-418-2869

From: Federal Communications Commission

Dear Ms. Best, this email responds to your recent FOIA request received by the FCC. Attached is our letter responding to your request. Our search did not locate any records responsive to your request. Therefore, we are closing the file for FOIA 2019-056.

Sincerely,

Mike Hennigan
Consumer Policy Division
Consumer & Governmental Affairs Bureau
202-418-2869

From: Emma Best

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Emma Best

From: Federal Communications Commission

You are very welcome Ms. Best.

From: Federal Communications Commission

Your FOIAonline user account for requests@muckrock.com has been deactivated due to inactivity.

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