Federal Communications Commission
Consumer Governmental Affairs Bureau 
Washington, no. 20554

 

Mayl7.2017

FOIA No. 2017-583

Dear Mr. 

This letter responds to your recent Freedom of Information Act (FOIA) request received
by the Federal Communications Commission (FCC or Commission) and assigned to the
Consumer Governmental Affairs (CGBJ, Enforcement (EB), and Wireline Competition
(WCB) Bureaus. Your request seeks all complaints about the May 2017 edition of
CBS's "The Late Show with Stephen Colbert," where Colbert made ajoke about
President Trump. Your request was assigned FOIA Control No. 2017583.I

CGB conducted a search ofthc databases in which we maintain the records ofinformal
complaints filed by, or on behalrof, consumers. We located over 5700 complaints
regarding the above program. We are providing loo samples ofthe complaints we
located. lfyou want more please let us know. lfwe don't hear rrom you by June we
will close your request.

Records responsive to your request were withheld or redacted under FOIA Exemption
6.1 Exemption 6 protects files containing personally identifiable information disclosure of
which would constitute a clearly unwarranted invasion or personal privacy. Balancing the
pnblic's right to disclosure against the individuals right to privacy, we have determined

that release of this information would constitute a clearly unwarranted invasion of
personal privacy. Therefore, all FCC employee names, complainants' names, addresses,
and telephone numbers were redacted under Exemption 6. The FCC receives many
complaints and comments that do not involve violations ofthe Communications Act or

Your request included a request for expedited processing pursuant to 5 By
responding to your request within 10 days ofthe filing ofyour request, your request for expedited

processing is granted
1 5 us c. 552 (oxo); see uira 47 CFR 

any FCC rule or order. Thus, a complaint or comment does not necessarily indicate any
wrongdoing by any individuals or entities named in the complaint or comment.
FOJA and FCC rules require the FCC to charge requesters for time spent searching for
and reviewing responsive documents, and for copying them. Pursuant to section
0.466(a)(5)-(7) of the Commission's rules, you have been classified for fee purposes as
category (2), "educational requesters, non-commercial scientific organizations, or
representatives of the news media."3 As an "educational requester, non-commercial
scientific organization, or representative of the news media," the FCC assesses charges to
recover the cost of reproducing the records requested, excluding the cost of reproducing
the first 100 pages. The production in response to your request did not involve more than
100 pages of duplication. Therefore, you will not be charged any fees.
If you consider this to be a denial of your FOIA request, you may seek review by filing
an application for review with the Office of General Counsel. An application for review
must be received by the Commission within 90 calendar days of the date of this letter.4
You may file an application for review by mailing the application to Federal
Communications Commission, Office of General Counsel, 445 12th St SW, Washington,
DC 20554, or you may file your application for review electronically by e-mailing it to
FOIA-Appea1(fcc.gov . Please caption the envelope (or subject line, if via e-mail) and
the application itself as "Review of Freedom of Information Action" and the application
should refer to FOJA Control No. 20 17-583.
If you would like to discuss this response before filing an application for review to
attempt to resolve your dispute without going through the appeals process, you may
contact the Commission's FOJA Public Liaison for assistance at:
FOIA Public Liaison
Federal Communications Commission, Office of the Managing Director,
Performance Evaluation and Records Management
445 12th St SW, Washington, DC 20554
202-418-0440
FOIA-Public-Liaisonfcc.gov

If you are unable to resolve your FOIA dispute through the Commission's FOIA Public
Liaison, the Office of Government Information Services (OGIS), the Federal FOIA
Ombudsman's Office, offers mediation services to help resolve disputes between FOIA
requesters and Federal agencies. The contact information for OGIS is:

47 CFR § 0.466(a)(5)-(7).
47 CFR § § 0.461(j), 1.115; 47 CFR § 1.7 (documents are considered filed with the Commission upon
their receipt at the location designated by the Commission).

2

 Office of Government Information Services
National Archives and Records Administration
8601 Adeiphi Road-OGIS
College Park, MD 20740-600 1
202-741-5770
877-684-6448
ogisnara. gov
ogis.archives. gov
Sincerely,

Nall% Stevenson
Deputy Chief
Consumer PTcy Division
Consumer & Governmental Affairs Bureau

Attachments

3