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Tino Cortez Sutton

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Released: December 9, 2013

Federal Communications Commission

FCC 13-153

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

FOIA Control No. 2013-451
On Request for Inspection of Records


Adopted: December 9, 2013

Released: December 9, 2013

By the Commission:



This Memorandum Opinion and Order dismisses as unacceptable for filing an application
for review filed by Tino Cortez Sutton (Sutton).1 Sutton seeks review of a decision2 by the Public Safety
and Homeland Security Bureau (PSHSB) that denied Sutton’s Freedom of Information Act (FOIA)
request.3 We find that Sutton’s AFR fails to state any grounds for review and is therefore dismissed as
unacceptable for filing.



Sutton’s FOIA request appears to seek records related to authorizations for surveillance
conducted by federal, state, and local agencies, and records related to the fruits of that surveillance, as
well as information regarding the surveillance-related records of private news organizations, common
carriers, and other providers of communications services.4 PSHSB’s Decision explained that the
Commission does not conduct such surveillance and that the Commission’s role in connection with
surveillance activities by other government agencies is limited to administering rules implementing the
Communications Assistance for Law Enforcement Act (CALEA).5 PSHSB’s Decision also stated that the
Commission does not maintain records that may be maintained by media organizations. Accordingly,
PSHSB found that the Commission had no records responsive to Sutton’s Request.6 Sutton’s rambling
AFR completely fails to address the Decision in any respect.7 It therefore fails to comply with 47 C.F.R.
§ 1.115(b), which requires that applications for review must concisely and plainly state the questions

1 See Letter from Tino Cortez Sutton to Federal Communications Commission (Sept. 16, 2013) (AFR). Sutton’s
filing is titled “Informal Complaint/Showing of Exigent Need or Circumstance.” The envelope containing the
pleading, however, is labeled “Freedom of Information Appeal.”
2 See Letter from Thomas J. Beers, Chief, Policy Licensing Division to Tino C. Sutton (Aug. 26, 2013) (Decision).
3 See Letter from Tino Cortez Sutton to Federal Communications Commission (Jul. 20, 2013) (Request).
4 See Request at 1-3.
5 See 47 U.S.C. § 1001 et seq.
6 See Decision at 1-2.
7 In fact, the AFR is nearly identical to an unrelated filing made by Sutton months earlier. See Pleading titled
“Informal Complaint/Showing of Exigent Need or Circumstance,” filed May 7, 2013, by Sutton.

Federal Communications Commission

FCC 13-153

presented for review and specify with particularity the factors warranting Commission consideration of
the questions presented.



IT IS ORDERED that the application for review filed by Tino Cortez Sutton IS
DISMISSED as unacceptable for filing. Sutton may seek judicial review of this action pursuant to 5
U.S.C. § 552(a)(4)(B).8
The officials responsible for this action are the following: Chairman Wheeler, and
Commissioners Clyburn, Rosenworcel, Pai, and O’Rielly.
Marlene H. Dortch

8 We note that as part of the Open Government Act of 2007, the Office of Government Information Services (OGIS)
was created to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a non-
exclusive alternative to litigation. Using OGIS services does not affect Sutton’s right to pursue litigation. Sutton
may contact OGIS in any of the following ways:
Office of Government Information Services
National Archives and Records Administration
Room 2510
8601 Adelphi Road
College Park, MD 20740-6001
Telephone: 301-837-1996
Facsimile: 301-837-0348
Toll-free: 1-877-684-6448.

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