FR 12-8270 Docket 8665 comments to 1947 NPRM on 47 CFR 12, Amateur Radio Service: Codes and Ciphers Prohibited

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=FCC-2023-000111&type=Request)

* Tracking Number: FCC-2023-000111
* Requester Name:
Falcon Darkstar Momot
* Date Submitted: 11/14/2022
* Request Status: Submitted
* Description:
To Whom It May Concern:

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

All comments furished to the FCC respecting its 1947 NPRM, published in FR 12-8270, introducing then-numbered section 12.105, "Codes and Ciphers Prohibited", to the Amateur Radio Service regulations.

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,

Falcon Darkstar Momot

Upload documents directly: https://www.muckrock.com/

Mr. Momot,
We are currently processing your Freedom of Information Act (FOIA) request, FOIA Control No. 2023-111. As part of responding to your request, we must search for records from offices that are separate from the office processing the request. Therefore, pursuant to section 0.461(g)(1)(i) of the Commission's rules, 47 C.F.R. § 0.461(g)(1)(i), we are extending the deadline to respond by ten business days.
Please let me know if you have any questions.

Stephanie Kost
FCC FOIA Public Liaison
Federal Communications Commission
Office of the Managing Director
Performance Evaluation and Records Management
Telephone number: 202-418-1379

Mr. Momot,

With respect to your FOIA request concerning "all comments furnished to the FCC respecting its 1947 NPRM, published in FR 12-8270, introducing then-numbered section 12.105, "Codes and Ciphers Prohibited", to the Amateur Radio Service regulations" (which we assigned FOIA Control Number 2023-111), we have determined that a referral of your FOIA request to the National Archives and Records Administration, is appropriate, consistent with Department of Justice guidance. See http://www.justice.gov/oip/foiapost/2011foiapost42.html We are forwarding the request accordingly and direct you to its FOIA Office, i.e., FOIA@nara.gov<mailto:FOIA@nara.gov>, should you have any questions.

Stephanie Kost
FCC FOIA Public Liaison
Federal Communications Commission
Office of Managing Director
Performance Evaluation and Records Management
445 12th St., Washington, DC 20554
Telephone number: 202-418-1379

January 26, 2023

Falcon Darkstar Momot

Muckrock News

Dept. MR136787

263 Huntington Avenue

Boston, MA 02115

Dear Mr. Momot:

This is in response to your Freedom of Information (FOIA) request
(23-16421) of November 14, 2022, referred to the National Archives by the
Federal Communications Commission, concerning public comments on a 1947
proposed rule prohibiting codes and ciphers. We received it in this office
on January 9, 2023.

Public comments solicited in the Federal Register do not become part of the
permanent holdings of the National Archives. They are kept by the agency
as long as they are needed for current business, and then they are
ultimately destroyed. See the attachment from the General Record Schedule
(GRS) relating to Agency Accountability Records (5.7), Item 070. The
entire GRS is available online at
https://www.archives.gov/records-mgmt/grs.html.

The General Correspondence of the Executive Director of the Federal
Communications Commission (Record Group 173) is arranged into chronological
time periods, according to a numeric filing scheme, and it is not indexed.
I searched the file entitled "Amateur (Stations and Operators) Rules and
Regulations" (file 691-10) in the 1947-1956 segment and found an item
referring to Docket 8665 relating to codes and ciphers. A scan of the
entire contents of the docket file is attached including a copy of the item
found in file 691-10.

We do not consider this response a denial under the Freedom of Information
Act because the records you have requested do not exist. However, if you
are not satisfied with our action on this request, your options for appeal
and dispute resolution are outlined in the attachment.

Sincerely,

TAB LEWIS

Textual Reference Operations

National Archives at College Park, Maryland