Reese's For Pai

Taylor Amarel filed this request with the Federal Communications Commission of the United States of America.
Tracking #

FCC-2018-000371, 2018-607

FCC-2018-000371

Est. Completion None
Status
Fix Required

Communications

From: Taylor Amarel

To Whom It May Concern:

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

I would like to obtain all emails sent to, from, or copied to Ajit Pai (Ajit.Pai@fcc.gov) containing the non-case-sensitive key string "reese" (Reeses or Reese's) from January 1, 2016 to Present Day.

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,

Taylor Amarel

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=090004d2817dfac0)
* Tracking Number: FCC-2018-000371
* Requester Name: Taylor Amarel
* Date Submitted: 02/05/2018
* Request Status: Submitted
* Description: To Whom It May Concern: This is a request under the Freedom of Information Act. I hereby request the following records: I would like to obtain all emails sent to, from, or copied to Ajit Pai (Ajit.Pai@fcc.gov) containing the non-case-sensitive key string "reese" (Reeses or Reese's) from January 1, 2016 to Present Day. 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, Taylor Amarel

From: Federal Communications Commission

Mr. Amarel,

The Commission has received your FOIA request, FOIA Control No. 2018-371, seeking " all emails sent to, from, or copied to Ajit Pai (Ajit.Pai@fcc.gov) containing the non-case-sensitive key string 'reese' (Reeses or Reese's) from January 1, 2016 to Present Day." This request appears to be substantially similar in part to your earlier request, FOIA Control No. 2018-353, seeking "Ajit Pai's email containing any of the following non-case-sensitive keywords: 'sexy' or 'reeses' from January 1, 2016 to Present Day."

We are writing to seek clarification regarding these two requests. Did you intend for your request for FOIA 2018-371 to replace your earlier request for FOIA 2018-353? Or did you somehow intend for FOIA 2018-371 to seek different records than FOIA 2018-353? If so, what different records should we be searching for? Please let me know how you would like us to proceed in processing these two requests.

If you wish to discuss these requests further or have any other questions, please feel free to contact me at the number listed below. Thank you for your assistance with this matter.

Ryan Yates
Attorney Advisor
Federal Communications Commission
Office of General Counsel
202-418-0886
ryan.yates@fcc.gov

From: Taylor Amarel

I wish for them to be too separate requests, given that reeses has a number of common mis-spellings. If you wish to aggregate them you can but please ensure that the multiple spellings of reeses are included in the search parameters.

Thank you!

From: Federal Communications Commission

Mr. Amarel,

We haven't received a reply from you regarding the below clarification. Additionally, we are still waiting on a response to our February 1 request for clarification regarding whether we can exclude widely disseminated publications in regards to your other FOIA requests (FOIA 2018-352 through 2018-356). The same question applies to your most recent FOIA request, FOIA 2018-424, seeking records of Ajit Pai containing the word "collusion."

Without the above information, Commission staff are not able to proceed with processing your requests. Please respond to the above requests for clarification by March 7, 2018. If we do not hear from you by then, we will administratively close these requests.

Ryan Yates
Attorney Advisor
Federal Communications Commission
Office of General Counsel
202-418-0886
ryan.yates@fcc.gov

From: Taylor Amarel

RE: FCC-2018-000371
I wish for them to be too separate requests, given that reeses has a number of common mis-spellings. If you wish to aggregate them you can but please ensure that the multiple spellings of reeses are included in the search parameters.

Thank you!

From: Muckrock Staff

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.

From: Muckrock Staff

RE: FCC-2018-000371

I wish for them to be too separate requests, given that reeses has a number of common mis-spellings. If you wish to aggregate them you can but please ensure that the multiple spellings of reeses are included in the search parameters.

Thank you!

From: Taylor Amarel

To whom this may concern,

Could you please provide an update on when I can receive the requested emails. Thank you.

Best,
Taylor Amarel

From: Federal Communications Commission

Mr. Amarel,

Unfortunately, we did not receive any correspondence from you prior to your April 4 e-mail. While the chain you include below indicates that you attempted to send us messages on February 15, March 9, and March 23, Commission staff never received those messages. You may wish to contact Muckrock customer support to determine why those messages were not delivered to the Commission. Because none of the messages you attempted to send were received by the Commission before March 7, 2018, per our prior e-mail, we presumed that you were no longer interested and administratively closed the request.

You are free to refile your request directly through the Commission's FOIA portal, foiaonline.regulations.gov. Once refiled, we will move to promptly refile your request. We can conduct a search for the term reese (which will automatically include the variants reeses and reese's). As noted previously, please advise us as to whether we can exclude widely circulated items, such as news articles and compilations that contain the requested terms. Excluding these results will substantially speed up the production of your requested documents.

We apologize for any miscommunication on this matter.

Ryan Yates
Attorney Advisor
Federal Communications Commission
Office of General Counsel
202-418-0886
ryan.yates@fcc.gov

From: Taylor Amarel

To Whom It May Concern:

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

I would like to obtain all emails sent to, from, or copied to Ajit Pai (Ajit.Pai@fcc.gov) containing the non-case-sensitive key string "reese" (Reeses or Reese's) from January 1, 2016 to Present Day.

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,

Taylor Amarel

From: Taylor Amarel

To whom this may concern,

I submit the following formal appeal.

In response to the April 9, 2018 email sent by Ryan Yates, I wish to appeal the decision to unilaterally close my request. As you can see by https://www.muckrock.com/foi/united-states-of-america-10/reeses-for-pai-48340/, I sent numerous follow-up emails and made numerous attempts to clarify the request, specifically, FCC-2018-000371 and FOIA Control No. 2018-353.

To date, I have not received the requested documents for EITHER of the request. And evidence of the email records clearly shows that I responded to the inquiries by the FCC in a timely manner. The method of emails and communication was in line with the Freedom of Information Act request guidelines and was made without delay. I do not believe the actions of the FCC are correct and wish for my requests to be immediately re-opened. Even if the FCC did not receive my emails (which the FCC did) it would not be appropriate for the FCC to close both of the requests as they were adequately described and reasonable requests.

Please reopen my requests and process them with haste, as it has now past the 20 day statutory timeline.

Best,
Taylor Scott Amarel

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=090004d2818dc015)
* Tracking Number: FCC-2018-000607
* Requester Name: Taylor Amarel
* Date Submitted: 04/23/2018
* Request Status: Submitted
* Description: April 22, 2018 This is a follow up to request number FCC-2018-000371: To Whom It May Concern: This is a request under the Freedom of Information Act. I hereby request the following records: I would like to obtain all emails sent to, from, or copied to Ajit Pai (Ajit.Pai@fcc.gov) containing the non-case-sensitive key string "reese" (Reeses or Reese's) from January 1, 2016 to Present Day. 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, Taylor Amarel

From: Federal Communications Commission

In 4 days from the sending of this message, your FOIAonline user account password for requests@muckrock.com will lock due to inactivity. To prevent this from happening, please log into the FOIAonline application and reset your password.

From: Federal Communications Commission

Your FOIAonline user account for requests@muckrock.com has been locked due to inactivity. Your account can be unlocked using the Forgot Password link at the top of any page within FOIAonline.

From: Taylor Amarel

To whom this may concern,

Could you please provide an update on my request.

Thank you,
Taylor Amarel

From: Federal Communications Commission

Mr. Amarel,
We are currently processing your Freedom of Information Act (FOIA) request, FOIA Control No. 2018-607. 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.
Ryan Yates
Attorney Advisor
Federal Communications Commission
Office of General Counsel
202-418-0886
ryan.yates@fcc.gov

From: Taylor Amarel

Thank you very much, I do look forward to receiving the documents. In response to the concerns about not receiving my messages, here is a history of this request and relevant correspondence dating back to February.

From: Federal Communications Commission

Mr. Amarel,

Attached please find a response to your Freedom of Information Act (FOIA) request, FOIA Control No. 2018-607.

Ryan Yates
Attorney Advisor
Federal Communications Commission
Office of General Counsel
202-418-0886
ryan.yates@fcc.gov

From: Taylor Amarel

I would like to appeal the fee determination. Specifically because this request was not answered within the 20 day timeframe. I've attached the history of this request as a PDF and it is also viewable here: https://www.muckrock.com/foi/united-states-of-america-10/reeses-for-pai-48340/#appeal

From: Federal Communications Commission

Mr. Amarel,

The response to your FOIA request, 2018-607, was timely.

On April 22, 2018, a Sunday, you contacted Commission staff and requested records similar to those requested in 2018-371. The next business day, April 23, 2018, Commission staff entered your request into FOIAonline as 2018-607 and your request was perfected. On May 21, 2018, Commission staff contacted you with a fee estimate and asked that you authorize additional fees for 2018-607, among other requests, which tolled the time for responding to your request. 47 CFR 0.461(e)(2)(i)(B)(1). On May 23, 2018, you authorized the fees in question. The same day, Commission staff contacted you and extended the time for processing your request by ten business days, pursuant to section 0.461(g)(1)(i) of the Commission’s rules, making the new due date June 7, 2018. On May 25, 2018, nine business days prior to the June 7, 2018 due date, Commission staff responded to your request.

2018-371 was a separate request, which was administratively closed when staff did not receive a response regarding their February 6 clarification inquiry. While your attached chain shows that you attempted to use the Muckrock platform to contact the Commission and clarify your request, as Commission staff have previously explained, those messages were never received. Pursuant to Commission rules, documents are only considered filed when they are received by the Commission. 47 CFR 1.7. However, whether your request was processed under 2018-371 or 2018-607 is immaterial. Commission staff contacted you for clarification regarding 2018-371 on February 6, 2018 – the date your request was perfected. As such, the time for processing your request was tolled at zero days. Thus, when the request was renewed on April 23, the Commission still would have had 20 business days to process your request, whether it was processed under 2018-371 or 2018-607, and per the analysis above, that response was timely.

We hope this information clarifies the processing of your request and resolves any uncertainty. If you wish to continue with your appeal, please let us know by June 14, 2018, and please specify which part of the above analysis you dispute. If we do not hear from you by then, we will assume the above response satisfies your appeal and will close it accordingly.

Ryan Yates
Attorney Advisor
Federal Communications Commission
Office of General Counsel
202-418-0886
ryan.yates@fcc.gov

From: Federal Communications Commission

Mr. Amarel,

As the Commission has responded to your request (2018-647 et al.) that is substantially identical to the request you appeal below (2018-371), we consider this matter resolved. If you wish to continue with your appeal, please contact us by August 13, 2018, and provide us with the grounds on which you wish to contest the Commission's actions. If we do not hear from you before then, we will administratively close this appeal.

Ryan Yates
Attorney Advisor
Federal Communications Commission
Office of General Counsel
202-418-0886
ryan.yates@fcc.gov

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