Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: FTC issues changes to Freedom of Information Act fee schedule, (Mar 20, 2014)
The FTC has issued final amendments to regulations regarding its fees for the providing services in disseminating information and records to the public, according to a Federal Register notice scheduled for publication tomorrow. The amended rules will become effective on March 21, 2014.
The updates reflect changes in, and additions to, the types of services that the FTC provides, and account for changes in the costs of providing such services. In February 2013, as required by the Freedom of Information Act (FOIA), the FTC sought comments on proposed revisions to its fee regulations.
The FOIA provides for the charging of fees “applicable to the processing of requests,” and sets limitations and restrictions on the assessment of certain fees. A separate provision provides for the waiver or reduction of fees if certain standards are satisfied.
In its first notice, the FTC sought public comments on the following proposed FOIA fee changes:
Prohibiting certain fees when agency responses are not timely;
Clarifying how duplication fees are determined;
Waiving all fees if the total chargeable amount is less than $25;
Updating the fees for microfiche and photocopying services;
Adding new fee categories for information provided on DVDs, CDs and videotapes;
Increasing the fees for the use of Express Mail to reflect actual agency costs;
Increasing the fees for providing formal certification services;
Adding descriptive information about the categories of FOIA requesters;
Clarifying that certain public materials are available for free; and
Updating information about how the agency can collect FOIA-related debts.
FTC proposed to changes to its fee schedule to implement the 2007 FOIA Amendments and to revise the agency’s fee schedule to account for new and discontinued services and the current costs of providing services. The proposed changes would also be useful in providing additional notice to the public and to the FTC’s professional and administrative staff about the procedures governing how the agency responds to FOIA requests.
Based on comments received, the FTC decided to adopt the proposed rules with some further revisions. For instance, the Commission revised language to clarify that the agency may pursue alternative dispute resolution and arbitration before employing other legally authorized means for resolving issues regarding delinquent FOIA fees. The agency also made a revision to delete “while supplies last” language regarding information in in the “digital reading room” context. However, the FTC denied a request to amend the definition of “representative of the news media,” based on a commenter’s suggestion that the definition was dated. The agency determined to retain and adopt as final its proposed definition.
News: Antitrust ConsumerProtection FederalTradeCommissionNews