The FCC has issued an Order that makes a number of technical changes to its rules governing the processing of Freedom of Information Act (FOIA) requests. On June 30, 2016, the President signed into law the FOIA Improvement Act of 2016 (FOIA Improvement Act) which requires, inter alia, that agencies review their FOIA regulations and promulgate new rules in accordance with the substantive provisions of the law. These provisions included providing 90 days for requesters to file appeals of FOIA requests ensuring that requesters are informed of avenues for FOIA dispute resolution, and providing for public posting of materials that are requested multiple times. Apart from extending the FOIA appeals timeline from 30 days to 90 days as required by the FOIA Improvement Act, the FCC’s FOIA rule changes are conforming in nature and govern the Commission’s own internal procedures. For this reason, the rules changes adopted in the Order were not subject to prior public notice and comment.
