§ 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 § 0.470(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.

   [ 82 FR 4195 , Jan. 13, 2017]

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