$// M0&0, James A. Kay, Jr., FOIA No. 94-248, FCC 95-62 //$

$/ 400.05552 Public Information; agency rules, opinions, /$
$/ 0.457 Records not routinely available for public inspection /$
$///FCC 95-62 3/21/95///$            
///newjob///
                           Before the
                   Federal Communications Commission       FCC 95-62
                           Washington, DC 20554


In the Matter of              )
                              )
JAMES A. KAY, Jr.             )    FOIA Control No. 94-248
                              )
                              )
On Request for Inspection     )
of Records                    )


                       MEMORANDUM OPINION AND ORDER

Adopted: February 17, 1995; Released:March 24, 1995

     By the Commission:

     
     1.  Before the Commission is an Application for Review filed
by James A. Kay, Jr., seeking review of an August 26, 1994,
ruling by the Chief, Field Operations Bureau ("FOB"), which
denied Kay's Freedom of Information Act ("FOIA") request.  See 5
U.S.C. Section 552.  In his request, Kay sought disclosure of (1)
any complaints regarding the operation of SMRS station WNWK982,
and (2) the case file regarding the inspection of station
WNWK982.  

     2.  FOB informed Kay that the release of any records
relevant to his request could reasonably be expected to interfere
with an enforcement proceeding.  Accordingly, FOB denied access
to the records pursuant to Exemption 7(A) of the FOIA.  See 5
U.S.C. Section 552(b)(7)(A).  See also 47 C.F.R. 0.457(g)(1)
(records not normally available to the public).

     3.  On appeal, Kay maintains for the first time that his
representative read the inspection report created by an FOB
engineer during an examination of WNWK982.  He urges the
Commission to release this report because it "contains only
written details of the inspection and no deliberative
materials."  Kay does not appear to contest FOB's decision to
withhold the case file.  

     4.  Kay's request to release the inspection report in its
entirety is denied.  To do otherwise would reveal the direction
of the Commission's ongoing investigation, which could reasonably
be expected to interfere with that investigation.  See Mapother
v. Dept. of Justice, 3 F.3d 1533, 1542-43 (D.C. Cir. 1993); Lewis
v. IRS, 823 F.2d 375, 378-79 (9th Cir. 1987).  However, we are
mindful of our obligation to disclose reasonably segregable non-
exempt information contained in protected documents.  See Thomas
B. Hamrick, 2 FCC Rcd 6680  4 (1987).  We conclude that
disclosure of the portion of the inspection report shown to Kay's
representative is not within any FOIA exemption, and therefore
that portion will be disclosed.  After reviewing the case file,
we also believe that the Bureau erroneously withheld FOB's Mobile
Operations Log and accompanying illustrations, and various
publicly available computer print-outs.  We therefore order these
documents released to Kay.  

     5.  In light of the above reasons, IT IS ORDERED that the
Application for Review filed by James A. Kay, Jr., IS GRANTED to
the limited extent indicated herein, and in all other respects is
DENIED.  Judicial review of this action may be sought pursuant to
5 U.S.C. Section 552(a)(4)(B).








     The Officials responsible for this action are the following
Commissioners: Reed E. Hundt, Chairman, James H. Quello, Andrew
C. Barrett, Rachelle B. Chong and Susan Ness.


               FEDERAL COMMUNICATIONS COMMISSION


               William F. Caton
               Secretary