Finalized content licensing agreements between AFN and all major American TV networks and program syndicators

MuckRock News
ATTN: Patrick Bergy
Boston, MA 02205

Sent by electronic mail: requests@muckrock.com

Dear Mr. Bergy:

This is an interim response to your electronic Freedom of Information Act (FOIA) request dated April 15, 2015, for digital copies of all signed and approved content licensing agreements (to include MOU's/MOA's) made between Armed Forces Network and all major American TV networks and program syndicators between the period of 1 Jan, 2012 to 12 April, 2015. We received your request on April 23, 2015 and assigned it FOIA case number 15-F-1090. We ask that you use that number when referring to your request.

We will be unable to respond to your request within the FOIA's 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request. These unusual circumstances are: (a) the need to search for and collect records from a facility geographically separated from this Office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other 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 will be worked in the order the request was received. Our current administrative workload is 1,538 open requests.

I am the action officer assigned to your request and can be reached at either sean.m.porter27.ctr@mail.mil or (571) 372-0421. Please reference the case number indicated above in all correspondence with this office.

v/r

Sean Porter, FOIA Specialist
for Adrienne Santos on behalf of
Stephanie L. Carr, Chief,
Chief, Office of Freedom of Information
OSD/JS FOIA Requester Service Center

Dear Mr. Bergy:

It is our policy that each request receives prompt attention, and every effort is made to treat all requesters equally. Please note that your request was tasked for search. Unfortunately, the search for the requested records has not been completed. As stated in our interim response, our administrative workload was 1, 538 open requests at the time we received this request. Please understand our problem with the volume of requests. Once I received the response from the agency conducting the search, I will act on your request as soon as possible and respond directly to you. I apologize for the anticipated delay in responding to your request.

If you have any additional questions, please contact me.

Thank You.

Sean Porter, FOIA Specialist
for Adrienne Santos on behalf of
Stephanie L. Carr,
Chief, Office of Freedom of Information
OSD/JS FOIA Requester Service Center

Dear Mr. Bergy,

This is in response to your status inquiry regarding your FOIA Request 15-F-1090.

We need your help, please, to work with us on narrowing your request. After coordination with the Defense Media Activity (DMA), it has been determined that your request is extensive. You have requested "digital copies of all signed and approved content licensing agreements (to include MOU's/MOA's) made between Armed Forces Network (AFN is a division of the Defense Media Activity (DMA) and all major American TV networks and program syndicators between the period of 1 Jan, 2010 and 12 April, 2015."

DMA has determined that the AFN-BC currently has the following active relationships: 74 sports national networks; 18 NCAA athletic conferences; 40 national entertainment and news networks; 27 content distributors and producers; 191 annual sport properties; 42 annual specials (awards, holiday, seasonal programming) 55 entertainment series; 50+ movies and other miscellaneous licensed programming. It is estimated that the scope of the request could be well over 1,000 licensing agreements. It has also been determined that it will take approximately 194 hours of search, review, coordination and corresponding with all the major American TV networks and program syndicators; as well as an additional 40 hours to prepare the correspondence for release. Based on this estimate and because of the large amount of work that will be required, it is estimated that it will take approximately 1 to 1 1/2 years to complete and the estimated cost to process this request is $10,296.

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, as defined in Department of Defense (DoD) Regulation 5400.7-R, also available at the following Web site: http://www.defenselink.mil/pubs/foi/. 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, your search has already exceeded the two hours that you are entitled to as an "Other" category requester.

As it stands, your request is too broad and would impose an unreasonable burden upon the agency. If we have not heard from you regarding the narrowing of your request, or you willingness to pay the estimated fees by close of business October 6, 2015, we will believe that you are no longer interested and close the request.

Once we hear from you regarding your willingness to pay and narrowing your search, your request will be placed in the "complex" queue for processing. You should know that we will be unable to provide a response to your request within the FOIA's 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 a facility geographically separated from this Office, (b) the potential volume of records responsive to your request; and, (c) the need for consultation with one or more other 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 will be worked in the order the request was received. Our current administrative workload is over 1,538 open requests.

If you are not satisfied with this action, you may petition the Appellate Authority, the Director of Administration, Office of the Secretary of Defense, by writing directly to the Freedom of Information Division, ATTN: Appeals Office, 1155 Defense Pentagon, Washington, D.C. 20301-1155; you may also submit your appeal electronically at the following link: http://pal.whs.mil/palMain.aspx. Your appeal should be postmarked within 60 calendar days of the date of this mail, should cite case number 15-F-1090, and should be clearly marked "Freedom of Information Act Appeal."

Thank you.

Adrienne M. Santos, Team Chief
Government Information Specialist
On behalf of Stephanie L. Carr, Chief,
Office of Freedom of Information
OSD/JS FOIA Requester Service Center