available for public inspection, and the places at which those records may be inspected. Subject to the following limitations, and to the provisions of § 0.466, those records will be made available for inspection to any person upon request: (1) The person desiring to inspect those records must appear at the location specified during the office hours of the Commission and must inspect the records at that location.

(2) The request must be reasonable in scope, and the records in question must be so identified as to permit their location by staff personnel without undue disruption of their regular duties. The information needed to locate the records will vary, depending upon the records requested. Advice concerning the kind of information needed to locate particular records will be furnished in advance upon request. Members of the public will not be given access to the area in which the records are kept and will not be permitted to search the files.

(3) Current records may be in use by the staff when the request is made. Older records may have been forwarded to another location for storage. In these and similar circumstances, there may be a delay in furnishing the records requested. To avoid inconvenience in such circumstances, arrangements may be made in advance, by telephone or correspondence, to make the records available for inspection on a specified date.

(b) Records not routinely available for public inspection.

(1) Section 0.457 lists records which are not routinely available for public inspection. In some cases, the Commission is prohibited from permitting the inspection of records. In other cases, the records are the property of another agency, and the Commission has no authority to permit their inspection. In still other cases, the Commission is authorized, for reasons of policy, to withhold records from public inspection, but is not required to do so. The statutory basis for withholding records from public inspection and the underlying policy considerations are outlined briefly in § 0.457, with the intent of assisting those who may wish to file requests for inspection under § 0.461. See subparagraph (3) of this paragraph.

(2) Section 0.459 governs requests from members of the public that materials they submit to the Commission not be made available for public inspection.

(3) Except where the disclosure of records by the Commission is prohibited or where the records are the property of another agency, the Commission will consider requests that records withheld from public inspection be made available for inspection, and reach a judgment whether such requests should be granted in the public interest, taking into account the policies of Public Law 89-487, 5 U.S.C. 552. If the records are the property of another agency, the request will be referred to that agency. Procedures governing requests for inspection are set forth in §§ 0.461 and 0.466. Procedures governing demands by competent authority for inspection of records are set forth in § 0.463.

(4) Except as provided in §§ 0.461 and 0.463, no officer or employee of the Commission shall permit the inspection of records which are not routinely available for inspection under § 0.453 or § 0.455, or disclose information contained therein.

(c) Records not listed in § 0.453 or § 0.455.-To be as helpful as possible to the public, numerous examples of records which are routinely available for inspection are listed in §§ 0.453 and 0.455. Though the examples cover the bulk of the Commission's records and should cover most requests for inspection, the listing is inevitably not complete. If such example listing proves helpful, it may be supplemented from time to time.

(d) Copies.-Section 0.465 applies to requests for copies of Commission records which are routinely available for public inspection under §§ 0.453 and 0.455 and those which are made available for inspection under § 0.461. Section 0.467 applies to certified copies of Commission records.

$0.453 Public reference rooms.

The Commission maintains the following public reference rooms at its offices in Washington, D.C.:

(a) The Broadcast and Dockets Reference Room.-The following documents, files and records are available for inspection at this location:

(1) Files containing the record of all docketed cases. A file is maintained for each hearing case and for each docketed rule making proceeding. Cards summarizing the history of such cases are available for inspection in the Dockets Division.

(2) Broadcast applications and related files.

(3) Files containing petitions for rule making and related papers.

(4) Rulings under the fairness doctrine and section 315 of the Communications Act, and related materials.

(b) The Amateur License Reference Room.-Information concerning amateur radio operators is available for inspection at this location.

(c) The Library. Various legal and technical publications, and legislative history compilations, related to communications are available for inspection in the Library.

§ 0.455 Other locations at which records may be inspected

Except as provided in §§ 0.453, 0.457 and 0.459, records are routinely available for inspection in the offices of the Bureau or Office which exercises responsibility over the matters to which those records pertain (see § 0.5), or will be made available for inspection at those offices upon request. Upon inquiry to the appropriate Bureau or Office, persons desiring to inspect such records will be directed to the specific location at which the particular records may be inspected. A list of Bureaus and Offices and examples of the records available at each is set out below.

(a) Office of Chief Engineer.

(1) Experimental application and license files.

(2) The Master Frequency Records (Standard Form 128).

(b) Broadcast Bureau.

(1) Applications for broadcast authorizations and related files are available for public inspection in the Broadcast and Dockets Reference Room. See § 0.453 (a) (2). Certain broadcast applications, reports and records are also available for inspection in the community in which the main studio of the station in question is located or proposed to be located. See § 1.526 of this chapter.

(2) Ownership reports filed by licensees of Broadcast stations pursuant to § 1.615 of this chapter.

(c) Common Carrier Bureau.

(1) Annual reports filed by carriers and certain affiliates under § 43.21 of this chapter.

(2) Monthly reports filed by carriers under § 43.31.

(3) Reports on pensions and benefits filed by carriers under § 43.42.

(4) Reports of proposed changes in depreciation rates filed by carriers under § 43.43.

(5) Reports regarding division of international telegraph communication charges filed under § 43.53.

(6) Reports regarding services performed by telegraph carriers filed under § 43.54.

(7) Reports of public coast station operators filed under § 43.71.

(8) Valuation reports filed under section 213 of the Communications Act, including exhibits filed in connection therewith, unless otherwise ordered by the Commission, with reasons therefor, pursuant to section 213 (f) of the Communications Act. See § 0.457 (c) (2).

(9) A list of other reports field by common carriers.

(10) Contracts and other arrangements filed under § 43.51 and reports of negotiations regarding foreign communication matters filed under § 43.52, except for those kept confidential by the Commission pursuant to section 412 of the Communications Act. See § 0.457 (c) (3).

(11) Tariff schedules for all charges for interstate and foreign wire or radio communications filed pursuant to section 203 of the Communications Act, all documents filed in connection therewith, and all communications related thereto. (12) All applications for common carrier authorizations, both radio and nonradio, and files relating thereto.

(13) All formal and informal complaints against common carriers filed under §§ 1.711-1.735 of this chapter, all documents filed in connection therewith, and all communications related thereto.

(14) Files relating to submarine cable landing licenses, except for maps showing the exact location of submarine cables, which are withheld from inspection under section 4(j) of the Communications Act. See § 0.457 (c) (1) (i).

(d) Safety and Special Radio Services Bureau.

(1) All applications for authorizations in the Safety and Special Radio Services and files relating thereto. These materials are available at the offices of the Divisions of the Bureau which process the applications in question. See § 1.951 of this chapter. Information concerning amateur radio operators is available for inspection at the Amateur License Reference Room (see § 0.453 (b)).

(e) Field Engineering Bureau.

(1) Commercial radio operator application files. See, however, § 0.457 (f) (3). (2) Files pertaining to the certification of plants or equipment under Part 18 of this chapter.

(f) Office of the Secretary.

(1) All minutes of Commission actions, containing a record of all final votes, except for minutes of actions on classified matters and internal management matters as provided in § 0.457 (b) (1) and (c) (1) (ii). These minutes are available for inspection in the Minute and Rules Division.

(2) Files containing information concerning the history of the Commission's Rules. These files are available for inspection in the Minute and Rules Division. (g) Office of Reports and Information.-See § 0.443.

(h) The Commission's offices in Gettysburg, Pennsylvania.

(1) Amateur and Citizens Radio Service application files.

(2) Commercial radio operator application files. See, however, § 0.457 (f) (3). (i) CATV Task Force.-CATV petitions, requests and related files.

8 0.456 General correspondence files

Due to the general nature of the Commission's correspondence files, the contents of those files will be made available for inspection under procedures set forth in § 0.461. Before correspondence is made available for inspection under the provisions of that section, it will be reviewed by the Commission's staff to determine whether it should be withheld from inspection under § 0.457. In view of the burden which could be imposed by requests lacking in specificity, persons desiring to inspect materials contained therein will be required to identify those materials with particularity. Requests of a general nature will not be granted. Details of a personal nature, including the name and address of the correspondent, may be deleted from correspondence which is made available for inspection, if their deletion is warranted under § 0.457 (f) or (g).

§ 0.457 Records not routinely available for public inspection

The records listed in this section are not routinely available for public inspection. The records are listed in this section by category, according to the statutory basis for withholding those records from inspection; and under each category, if appropriate, the underlying policy considerations affecting the withholding and disclosure of records in that category are briefly outlined. Except where the records are not the property of the Commission or where the disclosure of those records is prohibited by law, the Commission will entertain requests from members of the public under § 0.461 for permission to inspect particular records withheld from inspection under the provisions of this section, and will weigh the policy considerations favoring non-disclosure against the reasons cited for permitting inspection in the light of the facts of the particular case. In making such requests, it is important to appreciate that there may be more than one basis for withholding particular records from inspection. The listing of records by category is not intended to imply the contrary but is solely for the information and assistance of persons making such requests.

(a) Material that are specifically required by executive order to be kept secret in the interest of the national defense or foreign policy, 5 U.S.C. 552 (e) (1). (1) E.O. 10450, "Security Requirements for Government Employees," 18 F.R. 2489, April 27, 1953, 3 CFR, 1949-1953 Comp., p. 936. Pursuant to the provisions of E.O. 10450, reports and other material and information developed in security investigations are the property of the investigative agency. If they are retained by the Commission, it is required that they be maintained in confidence and that no access be given to them without the consent of the investigative agency. Such materials and information will not be made available for public inspection. See also paragraphs (f) and (g) of this section.

(2) E.O. 10501, "Safeguarding Official Information in the Interests of the Defense of the United States," 18 F.R. 7049, Nov. 10, 1953, as amended, 3 CFR, 1965 ed., p. 450. E.O. 10501, as amended, provides for the classification of official information which requires protection in the interests of national defense, and prohibits the disclosure of classified information except as provided therein. Classified materials and information will not be made available for public inspection. see also, E.O. 10033, February 8, 1949, 14 F.R. 561, 3 CFR, 1949-1953 Comp., p. 226, and 47 U.S.C. 154 (j).

(b) Materials that are related solely to the internal personnel rules and practices of the Commission, 5 U.S.C. 552 (e) (2).

(1) Materials related solely to internal management matters, including minutes of Commission actions on such matters. Such materials may be made available for inspection under § 0.461, however, unless their disclosure would interfere with or prejudice the performance of the internal management functions to which they relate, or unless their disclosure would constitute a clearly unwarranted invasion of personal privacy (see paragraph (f) of this section).

(2) Materials relating to the negotiation of contracts.

(c) Materials that are specifically exempted from disclosure by statute, 5 U.S.C. 552(e) (3).—The Commission is authorized under the following statutory provisions to withhold materials from public inspection:

(1) Section 4(j) of the Communications Act, 47 U.S.C. 154 (j), provides, in part, that, "The Commission is authorized to withhold publication of records or proceedings containing secret information affecting the national defense." Pursuant to that provision, it has been determined that the following materials should be withheld from public inspection (see also paragrph (a) of this section): (i) Maps showing the exact location of submarine cables.

(ii) Minutes of Commission actions on classified matters.

(iii) Maps of nation-wide point-to-point microwave networks.

(2) Under section 213 (f) of the Communications Act, 47 U.S.C. 213 (f), the Commission is authorized to order, with the reasons therefor, that records and data pertaining to the valuation of the property of common carriers and furnished to the Commission by the carriers pursuant to the provisions of that section, shall not be available for public inspection. If such an order has been issued, the data and records will be withheld from public inspection, except under the provisions of $0.461. Normally, however, such data and information is available for inspection. See § 0.455 (c) (8).

(3) Under section 412 of the Communications Act, 47 U.S.C. 412, the Commission may withhold from public inspection certain contracts, agreements and arrangements between common carriers relating to foreign wire or radio communication. Reports of negotiations regarding such foreign communication matters, filed by carriers under § 43.52 of this chapter, may also be withheld from public inspection under section 412. Any person may file a petition requesting that such materials be withheld from public inspection. To support such action, the petition must show that the contract, agreement or arrangement relates to foreign wire or radio communications; that its publication would place American communication companies at a disadvantage in meeting the competition of foreign communication companies; and that the public interest would be served by keeping its terms confidential. If the Commission orders that such materials be kept confidential, they will be made available for inspection only under the provisions of § 0.461.

(4) Section 605 of the Communications Act, 47 U.S.C. 605, provides, in part, that, "no person not being authorized by the sender shall intercept any communication [by wire or radio] and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communications to any person." In executing its responsibilities, the Commission regularly monitors radio transmissions (see § 0.116). Except as required for the enforcement of the communications laws, treaties and the provisions of this chapter, or as authorized in Section 605, the Commission is prohibited from divulging information obtained in the course of these monitoring activities; and such information, and materials relating thereto, will not be made available for public inspection.

(5) Section 1905 of the Criminal Code, 18 U.S.C. 1905, prohibits the unauthorized disclosure of certain confidential information. See paragraph (d) of this section.

(d) Trade secrets and commercial or financial information obtained from any person and privileged or confidential, 5 U.S.C. 552 (e) (4) and 18 U.S.Č. 1905.-Section 552(e) (4) is specifically applicable to trade secrets and commercial or financial information but is not limited to such matters. Under this provision, the Commission is authorized to withhold from public inspection materials which would be privileged as a matter of law if retained by the person who submitted them and materials which would not customarily be released to the public by that person, whether or not such materials are protected from disclosure by a privilege. See, Attorney General's Memorandum on the Public Information Section of the Administrative Procedure Act, June 1967, at pp. 32-34.

(1) Materials submitted to the Commission which contain trade secrets, or which contain commercial, financial or technical data which would customarily be guarded from competitors by the person submitting it, will not ordinarily be

made available for inspection. A persuasive showing as to the reasons for inspection of such materials, and as to the Commission's authority to make disclosure in view of 18 U.S.C. 1905, will be required in requests for inspection submitted under § 0.461. This category includes the following materials:

(i) Financial reports submitted by licensees of broadcast stations pursuant to § 1.611 of this chapter or by radio and television networks.

(ii) Technical data submitted in connection with type acceptance, type approval or certification of equipment, except as set out in the Radio Equipment Lists. See § 0.433.

(2) Prior to July 4, 1967, the Rules and Regulations provided that certain materials submitted to the Commission would not be made available for public inspection or provided assurance, in varying degrees, that requests for nondisclosure of certain materials would be honored. See, e.g., 47 CFR (1966 ed.) 2.557, 5.204, 5.255, 15.70, 21.406, 81.506, 83.436, 87.153, 89.215, 91.208, 91.605 and 93.208. Materials submitted under these provisions are not routinely available for public inspection. If a request for inspection is submitted under § 0.461, the Commission will then determine whether it is appropriate to withhold the materials in question from public inspection. To the extent that such materials were accepted on a confidential basis under the then existing rules, no disclosure of such materials will be made, absent a most compelling showing. See § 0.461 for provision for comments on a request for disclosure. The rules referred to above are superseded by the provisions of this Subpart.

(3) Requests that materials submitted to the Commission on or after July 4, 1967, be withheld from public inspection are governed by § 0.459.

NOTE.--Section 1905 of the Criminal Code, 18 U.S.C. 1905, prohibits the unauthorized disclosure of certain confidential information by employees of the United States. That section reads as follows:

§ 1905. Disclosure of confidential information generally

Whoever, being an officer or employee of the United States or of any department or agency thereof, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined not more than $1,000, or imprisoned not more than one year, or both; and shall be removed from office or employment. (June 25, 1948, ch. 645, 62 Stat. 791).

(e) Inter-agency and intra-agency memorandums or letters, 5 U.S.C. 552 (e) (5). Inter-agency and intra-agency memorandums or letters and the work papers of members of the Commission or its staff will not be made available for public inspection, except in accordance with procedures set forth in § 0.461. Only if it is shown in a request under § 0.461 that such a communication would be routinely available to a private party through the discovery process in litigation with the Commission will the communication be made available for public inspection. Normally such papers are privileged and not available to private parties through the discovery process, since their disclosure would tend to restrain the commitment of ideas to writing, would tend to inhibit communication among Government personnel, and would, in some cases, involve premature disclosure of their contents.

(f) Personnel, medical and other files whose disclosure would constitute a clearly unwarranted invasion of personal privacy, 5 U.S.C. 552(e) (6)

(1) Under Executive Order 10561, 19 F.R. 5963, September 13, 1954, 3 CFR 1954-1958 Comp., p. 205, the Commission maintains an Official Personnel Folder for each of its employees. Such folders are under the jurisdiction and control, and are a part of the records, of the United States Civil Service Commission. Except as provided in the rules of the Civil Service Commission (5 C.F.R. §§294.701294.703), such folders will not be made available for public inspection by the Commission. In addition, other records of the Commission containing private, personal or financial information concerning particular employees will be withheld from public inspection.