Correspondence between Fox News and Defense Media Activity

J.K. Trotter filed this request with the Department of Defense, Office of the Secretary of Defense of the United States of America.
Tracking # 16-AC-0052-A1
Est. Completion None
Status
Awaiting Appeal

Communications

From: J.K. Trotter

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Any and all contracts and correspondence, written or electronic, dated between March 20 2002 and December 15 2011, between staff members working for Defense Media Activity or any of its subsidiaries, and staff members or representatives of Fox News Channel.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

J.K. Trotter

From: Santos, Adrienne M CIV WHS ESD (US)

TO: MuckRock News
ATTN: J.K. Trotter
Boston, MA

Dear Mr. Trotter:

This is an interim response to your attached Freedom of Information Act (FOIA) request, dated September 23, 2013. Your request was received in this office on September 23, 2013 and assigned FOIA case number 13-F-1418. We ask that you use that number when referring to your request.

Concerning your request for a fee waiver on the basis that disclosure of the requested information is in the public interest, decisions to waive or reduce fees are made on a case-by-case basis and cannot be made until a search for responsive records has been conducted and the volume and nature of any responsive records have been determined. As soon as the results of the search for responsive records are known, and a review of all releasable records has been completed, we will write to you again.

As you may not be aware, the FOIA requires all requesters to state a willingness to pay FOIA fees. In that regard, this office has determined that your request should be placed in the "other" fee category. Accordingly, you are entitled to the first two hours of search time at no charge, and the first 100 pages of duplication free of charge. Subsequent processing will be assessed at the established DoD fee rates of: professional search time, $44 per hour; executive search time, $75 per hour; and document reproduction at $0.15 per page. Because you have not stated a willingness to pay all assessable fees for search and/or duplication costs in the event your request for a fee waiver is denied, your search will be limited to the two hours you are entitled to as an "other" category requester and a fee waiver decision will be based on the results of that two hour search. If you are willing to pay fees beyond the initial two hours, please provide that amount to this office. If we do not hear from you by October 2, 2013, we will conclude that you do not want the search to proceed beyond your free two hours.

At this time, we are unable to make a release determination on your request within the 20-day statutory time period as there are unusual circumstances which impact our ability to quickly process your request. These unusual circumstances are: (a) the need to search for and collect records from several offices geographically separated from this Office and (b) the need to consult with one or more agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our complex processing queue and it will be worked in the order the request was received. As a matter of information, our current administrative workload is approximately 1,535 open requests. I apologize for the anticipated delay in responding to your request; your continued patience is appreciated.

If you are not satisfied with this action, you may appeal to the appellate authority, by writing directly to the Defense Freedom of Information Policy Office, Attn: Mr. James Hogan, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal should be postmarked within 60 calendar days of the date of this letter, should cite to case number 13-F-1418, and should be clearly marked "Freedom of Information Act Appeal."

v/r

Adrienne M. Santos, FOIA Analyst
for Suzanne Council on behalf of
Paul Jacobsmeyer, Chief,
Freedom of Information Act Division
OSD/JS FOIA Office
(571) 372-0414

From: Santos, Adrienne M CIV WHS ESD (US)

TO: MuckRock News
ATTN: J.K. Trotter
Boston, MA

Sent by Email: 6812-71369150@muckrock.com

Dear Mr. Trotter:

This is the final response to your electronic Freedom of Information Act request dated September 23, 2013, for copies of “Any and all contracts and correspondence, written or electronic, dated between March 20, 2002 and December 15, 2011, between staff members working for Defense Media Activity or any of its subsidiaries, and staff members or representatives of Fox News Channel.”

The Defense Media Activity (DMA), a component of the Office of the Secretary of Defense, conducted a search and located 81 pages which they have determined to be responsive to your request. Mr. Ray B. Shepherd, Director, an Initial Denial Authority for DMA, determined that the license agreements between DMA and Fox News are exempt from release in their entirety pursuant to 5 U.S.C. § 552(b)(4), which pertains to trade secrets and commercial or financial information that is privileged or confidential.

If you are not satisfied with this action, you may appeal to the appellate authority, by writing directly to James Hogan, Defense Freedom of Information Policy Office, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal should be postmarked within 60 calendar days of the date of this letter, should cite to case number 13-F-1418, and should be clearly marked "Freedom of Information Act Appeal." Your request is now closed in this Office. There are no fees associated with this response.

v/r

Adrienne M. Santos, FOIA Analyst
for Suzanne Council on behalf of
Paul Jacobsmeyer, Chief,
Freedom of Information Act Division
OSD/JS FOIA Office
(571) 372-0414

From: Department of Defense, Office of the Secretary of Defense

An interim response, stating the request is being processed.

From: Santos, Adrienne M CIV WHS ESD (US)

Dear Mr. Trotter,

In your e-mail below you make reference to two totally different case numbers, 16-AC-0052-A1 (which is an Appeal) and 13-F-1418 which you received a final response and has been closed in this office since April 14, 2014. These two requests are not related by any means.

If you are seeking the status of your appeal, 16-AC-0052-A1, please contact the Chief of Appeals, Ms. Danaeka Spears, copied on this e-mail.

v/r

Adrienne M. Santos, Team Lead
Government Information Specialist
Office of Freedom of Information
OSD/JS FOIA Office
(571) 372-0414
NIPR: adrienne.m.santos.civ@mail.mil
SIPR: adrienne.m.santos.civ@mail.smil.mil

From: Santos, Adrienne M CIV WHS ESD (US)

Mr. Trotter,

As stated in my e-mail response to you on July 27, 2016, you need to contact the Chief of Appeals, Ms. Danaeka Spears, regarding your appeal. I do not work in the appeals section and cannot provide you with any information regarding your appeals.

v/r
Adrienne Santos

From: MuckRock

Hello Ms. Danaeka Spears,

Could you please provide an update on the status of this FOIA appeal?

Thanks so much.

From: Spear, Danaeka L CIV WHS ESD (US)

Mr. Trotter,

Good Afternoon. We are currently processing your request. Your FOIA appeal is currently 314 out of 358, in our queue. Your estimated time of completion is November 18, 2016.

Thank you,

Danaeka Spear

From: Spear, Danaeka L CIV WHS ESD (US)

Mr. Trotter,

Good Morning. We are currently still processing your FOIA Appeal. Your appeal is currently 302 out of 339 cases. We received your appeal on June 2, 2016.

Thank you,

Danaeka Spear
Chief, FOIA Appeals Office

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