FCC-FBI correspondence re: Stingray authorization requirements (Federal Communications Commission)

Shawn Musgrave filed this request with the Federal Communications Commission of the United States of America.
Tracking # 2015-019
Status
Rejected

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:

Any memos or correspondence between the FCC and FBI regarding the requirement for state and local law enforcement agencies to "advance coordinate" with the FBI before acquiring or using a Harris Corporation cell site simulator, commonly known as a StingRay.

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 2015-019. 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 11/7/14. 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: David Duarte

Good Afternoon,

This letter is informing you that we are extending our due date 10 business days from the original due date of today, November 7, 2014, in order to make sure we adequately process your request. If you have any questions or concerns, please feel free to contact our office at (202) 418-2470.
Regards,

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

From: Federal Communications Commission

An interim response, stating the request has been delayed

From: Federal Communications Commission

A no responsive documents response.

From: David Duarte

Dear Mr. Musgrave,

Attached please find our response to your FOIA request of October 9, 2014 (FOIA No. 2015-019).

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

From: David Duarte

Dear Mr. Musgrave,

Attached please find our response to your FOIA request of October 9, 2014 (FOIA No. 2015-019).

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

From: Shawn Musgrave

Mr. Duarte -

Please advise as to the OGC contact information for appealing this request.

Best,
Shawn Musgrave
MuckRock

From: David Duarte

Good Morning Mr. Musgrave,

Your request below was forwarded to David Senzel in OGC. He is out the office for the rest of the week, therefore you can expect a response when he returns.
Regards,

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

From: David Duarte

Mr. Musgrave,

This is a follow up from my previous email, please mail a FOIA Application for Review to:
Mr. Jonathan Sallet
General Counsel
FCC
445 – 12th Street SW
Washington, DC 20554
And email a copy to jonathan.sallet@fcc.gov<mailto:jonathan.sallet@fcc.gov> and Laurence.schecker@fcc.gov<mailto:Laurence.schecker@fcc.gov>
Regards,

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

From: Shawn Musgrave

Mr. Jonathan Sallet, General Counsel
FCC
445 – 12th Street SW
Washington, DC 20554

December 31, 2014

To Whom It May Concern:

I hereby appeal the adequacy of the search for FOIA request 2015-019, in which I requested:

"Any memos or correspondence between the FCC and FBI regarding the requirement for state and local law enforcement agencies to "advance coordinate" with the FBI before acquiring or using a Harris Corporation cell site simulator, commonly known as a StingRay."

In the attached response, the FCC indicated that it had been unable to find a single responsive document. Given the consultation between the FCC, the FBI and the Harris Corporation regarding this technology and the FCC's approval for its use by law enforcement nationwide, it is difficult to believe that no memos or other correspondence exists between the FBI and the FCC on this matter.

As such, I request that you remand this FOIA back for a good faith search for responsive documents.

Respectfully,

Shawn Musgrave
MuckRock

From: Joanne Wall

Mr. Musgrave,

Attached please find the Commission's response to your application for review. You will also receive a hard copy of the attached via the United States Postal Service.

Joanne F. Wall

Office of General Counsel
Federal Communications Commission

From: Federal Communications Commission

A letter stating that the request appeal has been rejected.

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