IP: Another NO!! Report Correction on FCC Daily Circulation Report

[David Farber <dave () farber net>]

> Date: Tue, 09 Jul 2002 11:39:37 -0400
> From: "David Fiske" <DFISKE () fcc gov>
>
>
> Dave:  I am writing to request correction of an erroneous report posted in 
> your July 3, 2002, electronic mail information service.
>
> Your service reprinted a report by Michael Ravnitzky, that was sent to you 
> by Jim Warren,  indicating that the FCC's internal Daily Circulation 
> Report may be obtained from the FCC by filing a request with the Freedom 
> of Information Act (FOIA) Officer.
>
> The information contained in Mr. Ravnitzky's report is incorrect.
>
> The Daily Circulation Report is an internal FCC record that is exempt from 
> disclosure under the deliberative process privilege of FOIA Exemption 5, 5 
> U.S.C. § 552(b)(5).  See Wolfe v. Department of Health and Human Svcs., 
> 839 F.2d 768 (D.C. Cir. 1988) (en banc) (records indicating what actions 
> had been completed by the Food & Drug Administration but awaiting final 
> decision or approval by the Secretary or the Office of Management and 
> Budget were exempt from disclosure under the deliberative process privilege).
>
> The Commission has previously withheld the Daily Circulation Report 
> pursuant to FOIA Exemption 5.   In a letter to Bill McConnell, 
> Broadcasting & Cable, dated May 2, 2001, in FOIA Control No. 21-095, 
> Managing Director Andrew S. Fishel explained,
>
>                 "Disclosing the list of pending proceedings and other 
> details that identify these pending proceedings could chill Commission 
> deliberations on important telecommuni-cations issues.  Disclosure of 
> this list may lead to unnecessary speculation about individuals 
> responsible for any perceived decisional delays and this speculation may 
> lead to precipitous decision making."
>
> Please also note that Ravnitzky's report incorrectly identified Kathy 
> Abbate as the FCC's FOIA Officer. Ms. Shoko Hair has replaced Ms. Abbate 
> as the FOIA Officer.
>
>         The FCC is committed to broad public access to its decision 
> making processes, consistent with the deliberative process privilege of 
> the FOIA.  Information concerning proceedings pending before the 
> Commission may be found on our Internet site, and we promptly notify the 
> public  through the Daily Digest when items have been released.
>
> Thanks for your cooperation in correcting this information. In addition, I 
> am CC'g this email to the email addresses of both Mr. Warren and Mr. Ravnitzky.

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