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Judicial Watch • JW v FCC broadband complaint 00933

JW v FCC broadband complaint 00933

JW v FCC broadband complaint 00933

Page 1: JW v FCC broadband complaint 00933

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Number of Pages:4

Date Created:May 17, 2017

Date Uploaded to the Library:May 18, 2017

Tags:00933, broadband, FCC, Commission, requests, complaint, responsive, defendant, filed, plaintiff, request, document, federal, records, FOIA, Washington


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Case 1:17-cv-00933 Document Filed 05/17/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, SW, Suite 800
Washington, 20024,
Plaintiff,
FEDERAL COMMUNICATIONS
COMMISSION,
445 12th Street, SW,
Washington, 20554,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant Federal
Communications Commission compel compliance with the Freedom Information Act,
U.S.C. 552 FOIA grounds therefor, Plaintiff alleges follows:
JURISDICTION AND VENUE
The Court has jurisdiction over this action pursuant U.S.C. 552(a)(4)(B)
and U.S.C. 1331.
Venue proper this district pursuant U.S.C. 1391(e).
PARTIES
Plaintiff Judicial Watch, Inc. not-for-profit, educational organization
incorporated under the laws the District Columbia and headquartered 425 Third Street
SW, Suite 800, Washington, 20024. Plaintiff seeks promote transparency, accountability,
and integrity government and fidelity the rule law. part its mission, Plaintiff
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:17-cv-00933 Document Filed 05/17/17 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant Federal Communications Commission FCC agency the
United States Government. Defendant has possession, custody, and control records which
Plaintiff seeks access. Defendant headquartered 445 12th Street, SW, Washington,
20554.
STATEMENT FACTS March 30, 2017, Plaintiff submitted FOIA request the FCC seeking the
following:
All records communications discussing analyzing the desirability
two-sided market for broadband internet services from economics
public policy standpoint.
The time frame this request was identified March 28, 2015 through March 30, 2017. April 2017, Plaintiff submitted second FOIA request the FCC seeking
the following: All emails between any FCC Commissioner, manager, employee and
Tom Power. All emails between any FCC Commissioner, manager, employee and David Edelman.
The time frame this request was identified April 15, 2014 through January 20, 2017. April 2017, Plaintiff received both acknowledgements from the FCC
assigning the requests FOIA Control Numbers FCC-2017-000500 and FCC-2017-000510,
respectively. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
Case 1:17-cv-00933 Document Filed 05/17/17 Page
production; (ii) notify Plaintiff the scope any responsive records Defendant intends
produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination.
COUNT
Violation FOIA, U.S.C. 552
Plaintiff realleges paragraphs through fully stated herein.
10.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
11. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff requests within later than (30)
business days receipt. Accordingly, Defendants determinations were due later than May
16, 2017 the latest. minimum, Defendant was required to: (i) gather and review the
requested documents; (ii) determine and communicate Plaintiff the scope any responsive
records Defendant intended produce withhold and the reasons for any withholdings; and
(iii) inform Plaintiff that may appeal any adequately specific, adverse determination. See, e.g.,
Citizens for Responsibility and Ethics Washington Federal Election Commission, 711 F.3d
180, 188-89 (D.C. Cir. 2013).
12.
Because Defendant failed determine whether comply with Plaintiff request
within the time period required FOIA, Plaintiff deemed have exhausted its administrative
appeal remedies. U.S.C. 552(a)(6)(C)(i).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive Plaintiff FOIA request and demonstrate
Case 1:17-cv-00933 Document Filed 05/17/17 Page
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all nonexempt records Plaintiff FOIA request and Vaughn index any responsive records
withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and
all non-exempt records responsive Plaintiff FOIA request; (4) grant Plaintiff award
attorneys fees and other litigation costs reasonably incurred this action pursuant U.S.C.
552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and proper.
Dated: May 17, 2017
Respectfully submitted, Chris Fedeli
Chris Fedeli
D.C. Bar No. 472919
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
cfedeli@judicialwatch.org
(202) 646-5172
Counsel for Plaintiff