47 C.F.R. § 0.442 Disclosure to other Federal government agencies of information submitted to the Commission in confidence.
Title 47 - Telecommunication
(a) The disclosure of records to other Federal government agencies is generally governed by 44 U.S.C. 3512 and 3510(b) rather than the Freedom of Information Act. The acceptance of materials in confidence under §0.457 or §0.459 does not provide assurance against their disclosure to other agencies. (b) Information submitted to the Commission in confidence pursuant to §0.457(c) (2) and (3), (d) and (g) or §0.459 will be disclosed to other agencies of the Federal government upon request: Provided (1) Specific Commission assurances against such disclosure have not been given, (2) the other agency has established a legitimate need for the information, (3) disclosure is made subject to the provisions of 44 U.S.C. 3510(b), and (4) disclosure is not prohibited by the Privacy Act or other provisions of law. (c) The Commission's staff may give assurances against disclosure of information to other Federal agencies only with the prior written approval of the General Counsel. In no event will assurance against disclosure to other agencies be given in advance of submission of the information to the Commission if submission is required by statute or by the provisions of this chapter; but the notice provisions of paragraph (d) of this section will apply to such information. (d)(1) Except as provided in paragraphs (d)(2) and (d)(3) of this section, a party who furnished records to the Commission in confidence will be notified at the time that the request for disclosure is submitted and will be afforded 10 days in which to oppose disclosure. (2) If the agency requesting the records states to the satisfaction of the Commission that notice to the party who furnished the records to the Commission will interfere unduly with its law enforcement activities and further states that it will notify that party of the Commission's disclosure once the potential for such interference is eliminated, the Commission will not give notice of disclosure. (3) A party who furnished records to the Commission in confidence under §0.457(d) or 0.459 will not be afforded prior notice when the disclosure is made to the Comptroller General. Such a party will instead be notified of disclosure of the records to the Comptroller General either individually or by public notice. (4) If disclosure is opposed and the Commission decides to make the records available to the other agency, the party who furnished the records to the Commission will be afforded ten (10) working days from the date of the ruling in which to move for a judicial stay of the Commission's action. If he does not move for stay within this period, the records will be disclosed. (e) Except as provided in paragraph (d)(3) of this section, nothing in this section is intended to govern disclosure of information to Congress or the Comptroller General. [44 FR 55573, Sept. 27, 1979; 44 FR 57096, Oct. 4, 1979, as amended at 64 FR 55162, Oct. 12, 1999]
Title 47: Telecommunication
PART 0—COMMISSION ORGANIZATION
Subpart C—General Information
Public Information and Inspection of Records
§ 0.442 Disclosure to other Federal government agencies of information submitted to the Commission in confidence.
