§ 0.467   Search and review fees.

   (a)(1) Subject to the provisions of this section, an hourly fee shall be
   charged for recovery of the full, allowable direct costs of searching for
   and reviewing records requested under § 0.460 or § 0.461, unless such fees are
   reduced or waived pursuant to § 0.470. The fee is based on the pay grade
   level of the FCC's employee(s) who conduct(s) the search or review, or the
   actual hourly rate of FCC contractors or other non-FCC personnel who conduct
   a search.

   Note  to paragraph (a)(1): The fees for FCC employees will be modified
   periodically to correspond with modifications in the rate of pay approved by
   Congress and any such modifications will be announced by public notice and
   will be posted on the Commission's Web site,
   http://www.fcc.gov/foia/#feeschedule.

   (2) The fees specified in paragraph (a)(1) of this section are computed at
   Step 5 of each grade level based on the General Schedule or the hourly rate
   of non-FCC personnel, including in addition twenty percent for personnel
   benefits. Search and review fees will be assessed in 1⁄4 hour increments.

   (b)  Search fees may be assessed for time spent searching, even if the
   Commission fails to locate responsive records or if any records located are
   determined to be exempt from disclosure.

   (c) The Commission shall charge only for the initial review, i.e., the
   review undertaken initially when the Commission analyzes the applicability
   of a specific exemption to a particular record. The Commission shall not
   charge for review at the appeal level of an exemption already applied.
   However, records or portions of records withheld in full under an exemption
   that  is subsequently determined not to apply may be reviewed again to
   determine the applicability of other exemptions not previously considered.
   The  costs of such a subsequent review, under these circumstances, are
   properly assessable.

   (d) The fee charged will not exceed an amount based on the time typically
   required to locate records of the kind requested.

   (e)(1) If the Commission estimates that search charges are likely to exceed
   the greater of $25 or the amount which the requester indicated he/she is
   prepared to pay, then it shall notify the requester of the estimated amount
   of fees. Such a notice shall offer the requester the opportunity to confer
   with Commission personnel with the object of revising or clarifying the
   request. See § 0.465(c)(2) and § 470(d).

   (2) The time for processing a request for inspection shall be tolled while
   conferring with the requester about his or her willingness to pay the fees
   required to process the request. See § 0.461(e).

   (f) When the search has been completed, the custodian of the records will
   give notice of the charges incurred to the person who made the request.

   (g) The fee shall be paid to the Financial Management Division, Office of
   Managing Director, or as otherwise directed by the Commission.

   (h) Records shall be inspected within seven days after notice is given that
   they have been located and are available for inspection. See § 0.461(n).
   After that period, they will be returned to storage, and additional charges
   may be imposed for again producing them.

   [ 74 FR 14078 , Mar. 30, 2009, as amended at  76 FR 24390 , May 2, 2011]

   return arrow Back to Top