FCC correspondence with Harris Corp. re: Stingray

Shawn Musgrave filed this request with the Federal Communications Commission of the United States of America.
Tracking # 2014-668
Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

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

-All correspondence between the FCC and Harris Corporation regarding product FCC ID No. NK73092523, including the final notification of authorization conditions.

Per the attached April 2011 letter (also available at http://files.cloudprivacy.net/Harris-FCC-confidential-request-1.pdf), Harris Corp. requested the following conditions:

Requested Equipment Authorization Conditions:
(1) The marketing and sale of these devices shall be limited to federal/state/local
public safety and law enforcement officials only; and
(2) State and local law enforcement agencies must advance coordinate with the FBI
the acquisition and use of the equipment authorized under this authorization.

Per the attached nondisclosure agreement between the FBI and the Tacoma Police Department (also available at https://www.muckrock.com/foi/tacoma-72/cell-site-simulator-acquisition-and-use-tacoma-police-department-12243/#1303020-nda_redacted), the FCC granted conditions requested by Harris Corporation regarding use of its technology.

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,

Shawn Musgrave

From: Stephanie Kost

Dear Mr. Musgrave:

This acknowledges receipt of your Freedom of Information Act (FOIA) request filed with the Federal Communications Commission (FCC). Your request has been assigned FOIA Control Number 2014-668. Agencies are allowed 20 working days to respond to your request, extending this period for an additional 10 working days under certain circumstances. See 5 U.S.C. § 552(a)(6)(A)(i) and 5 U.S.C. § 552(a)(6)(B)(i). We anticipate responding to your request on 10/22/14. If additional time is needed to respond to your request you will be notified.

If you have any questions concerning this notice, please call the FOIA Office at: (202) 418-0440.

FCC FOIA Office

From: Federal Communications Commission

A cover letter granting the request and outlining any exempted materials, if any.

From: Federal Communications Commission

A copy of documents responsive to the request.

From: David Duarte

Dear Mr. Musgrave,

Attached please find our response to your FOIA requests FOIA No. 2014-668 along with the attachments.

David Duarte
Staff Assistant
OET/ Policy & Rules Division
202-418-2470

From: Shawn Musgrave

Mr. Duarte -

Thank you for sending these documents.

However, this request comprises all communications between Harris Corporation and FCC regulators regarding the grant of authorization process. Documents recently released by the ACLU pursuant to a FOIA request (attached and also available for download at https://www.aclu.org/sites/default/files/assets/fcc_foia_harris_emails.pdf) include a number of emails that reference NK73092523. See, for instance, the email on p. 8 of the attached dated December 21, 2010, as well as the email on p. 14 dated May 17, 2010, for two such examples.

Please conduct a more thorough search for communications between Harris Corporation and the FCC regarding the authorization process for this product.

Respectfully,

Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hello,

Please confirm that my followup from yesterday was received, and let me know if I can provide any further clarification.

Best,
Shawn Musgrave
MuckRock

From: David Duarte

Good Morning Mr. Musgrave,

Yes, we have received your follow up email and are working on this request. You can expect our response early next week. If you have any questions feel free to contact our Legal Advisor Bruce Romano at (202) 418-2124.
Regards,

David Duarte
Staff Assistant
OET/ Policy & Rules Division
202-418-2470

From: Shawn Musgrave

Mr. Duarte -

You had indicated that I would receive a response early this week. Please provide an update on this request.

Best,
Shawn

From: David Duarte

Dear Mr. Musgrave,

This is in response to your inquiry contained in this email chain, below. We regret our initial oversight in responding to your FOIA request (FOIA Control No. 2014-668), and we appreciate the opportunity to complete the record. Attached are copies of the two letters that are indirectly referenced in the emails to which you referred. Thank you for your patience.

David Duarte
Staff Assistant
OET/ Policy & Rules Division
202-418-2470

From: Shawn Musgrave

Mr. Duarte -

Thank you for sending these two letters. I believe the October 21, 2011 letter was sent only in part — it appears only odd-numbered pages are included, and the page numbers go up to 23 but the document contains only 12 pages.

The letter has been uploaded here as emailed, for your reference: https://muckrock.s3.amazonaws.com/foia_files/Harris_Letter_10-21-11.pdf

Please advise as to whether additional pages exist for the October 21, 2011 letter. If so, please send a full copy of this document.

Furthermore, please advise whether any additional correspondence between Harris Corp. and the FCC will be forthcoming, including any emails in addition to the ones I had sent in my previous followup.

Best,
Shawn Musgrave
MuckRock

From: David Duarte

Good Afternoon Mr. Musgrave,

I apologize for the mix up, attached is the entire October 21, 2011 letter. We have provided all the responsive documents we have pertaining to your request.
Regards,

David Duarte
Staff Assistant
OET/ Policy & Rules Division
202-418-2470

From: Shawn Musgrave

Mr. Duarte -

Thank you for resending, but several of the pages of the letter are unreadable as sent: see pages 9, 10, 19, 20 and 21. Please resend in its entirety.

Best,
Shawn Musgrave
MuckRock

From: David Duarte

Good Morning,

Attached is a clearer version of the 10/21/11 letter.

David Duarte
Staff Assistant
OET/ Policy & Rules Division
202-418-2470

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