List of histories (Federal Communications Commission)
| Tracking # |
FCC-2018-000724 |
| Multi Request | List of histories |
| Submitted | June 16, 2018 |
| Due | July 20, 2018 |
| Est. Completion | None |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions. These documents will be used, among other things, to identify individual histories that are of interest to the public, which will then be requested in a separate FOIA request.
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.
Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.
Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category.
As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.
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,
Emma Best
From: Federal Communications Commission
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d28198a93e)
* Tracking Number: FCC-2018-000724
* Requester Name: Emma Best
* Date Submitted: 06/19/2018
* Request Status: Submitted
* Description: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: Lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions. These documents will be used, among other things, to identify individual histories that are of interest to the public, which will then be requested in a separate FOIA request. I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. 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, Emma Best
From: Federal Communications Commission
Dear Ms. Best:
We have received your Freedom of Information Act (FOIA) request for "lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions." Your request has been assigned FOIA Control No. 0002018-724. Before we can proceed with your request, we require clarification regarding the scope of the records you seek.
You have not specified what Bureaus/Offices you would like to search for records, and we are unable to determine what Bureaus/Offices would be most likely to have responsive records. Searching the records of all the Commission's approximately 1,700 employees is not feasible. Please inform us of what Bureaus/Offices you would like us to search. A list of Commission Bureaus/Offices and their functions can be found at https://www.fcc.gov/about-fcc/organizational-charts-fcc.
Please let us know how you would like to proceed no later than June 26, 2018. If we do not hear from you by then, we will assume you are no longer interested in this request and will close it as withdrawn.
If you would like to discuss your request, please feel free to contact me.
Thanks,
Benish Shah
Office of Managing Director
Federal Communications Commission
From: Federal Communications Commission
Correction, no later than July 5th, 2018.
Thanks
From: Emma North-Best
The idea that you would have to search the records of every single FCC employee is, on the face of it, difficult to believe. Is it the FCC's position that it is so unorganized that it cannot calculate and conduct a reasonable search to locate its own finding aids?
From: Federal Communications Commission
Good Afternoon Ms. Best,
Please find attached the response to your FOIA Request regarding "lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions".
Please contact the FOIA Public Liaison Office that's listed in the attached letter if you need further assistance.
Thanks
Sheryl
Click on the e-Library<blocked::http://intranet.fcc.gov/resources/reference/> for all of your research needs.
e-Library<blocked::http://intranet.fcc.gov/resources/reference/> is your link to online databases, helpful links, and the online catalog.
Sheryl D. Todd
Federal Communications Commission
Office of the Secretary
Deputy Secretary
Office: 202-418-7386
Fax: 202-418-0281
Sheryl.Todd@fcc.gov<mailto:Sheryl.Todd@fcc.gov>
****Non-Public: For Internal Use Only ***
From: Federal Communications Commission
Your request for Fee Waiver for the FOIA request FCC-2018-000724 has been determined to be not applicable as the request is not billable. Additional details for this request are as follows:
* Request Created on: 07/04/2018
* Request Description: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: Lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions. These documents will be used, among other things, to identify individual histories that are of interest to the public, which will then be requested in a separate FOIA request. I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. 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, Emma Best
* Fee Waiver Original Justification: Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category. As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.
* Fee Waiver Disposition Reason: N/A
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