Prometheus Asks FCC for Timing Relief on FOIA Bid for Agency Records on Radio Order
Prometheus Radio Project sought FCC timing relief on a Freedom of Information Act request for documents on a broadcast radio decision in February that the group wants reconsidered. A Prometheus emergency petition for expedited special relief Wednesday asked that its…
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FOIA request be dated as received on March 17 because it had followed "long established practice" in submitting it to an fcc.gov email address on that date, only to find out later that the commission had changed the procedure and required submissions through its website. The date of receipt triggers an FCC timeline for responding. Though staff said parties submitting FOIA requests to the old email address should have received a reply notifying them it was no longer operational, Prometheus said it didn't receive such notification. "Further research established that abandonment of the former procedure was buried on page six of a 35 page order issued just before last Christmas (see 1612150049) and that no press release or other public announcement was made of this significant alteration of procedure," said Prometheus, which called the absence of publicity "extremely unfortunate." The request seeks communications between or among FCC officials and Office of Management and Budget staff about rules and reporting requirements considered or adopted by the commission in its Feb. 23 order in docket 13-249 relaxing rules for AM stations using FM translators (see 1702230060). The records are "essential to the preparation of a petition for reconsideration due on April 10," it said. The FCC didn't comment Wednesday.