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Judicial Watch Files Lawsuit Against FCC for Documents Related to Decision to Delay Transition to Digital Television
FCC Won't Release Documents "Until We Receive Instructions From the White House"; Obama Administration Faces Conflict of Interest Allegations Regarding Decision
| Source: Judicial Watch
WASHINGTON, DC--(Marketwire - August 12, 2009) - Judicial Watch, the public interest group
that investigates and prosecutes government corruption, announced today it
filed a Freedom of Information Act (FOIA) lawsuit against the Federal
Communications Commission (FCC) to obtain documents related to the
government's decision to delay the transition to digital television. The
lawsuit was filed August 6. Judicial Watch filed its original FOIA request
following press reports alleging that a donor and advisor to President
Obama stands to benefit from the delay. Meanwhile, in a highly unusual
departure from policy, the FCC claims it cannot respond to parts of
Judicial Watch's FOIA request "until we receive instructions from the White
House."
On February 13, 2009, Judicial Watch filed a FOIA request with the FCC
seeking access to the following records: "Any records concerning the
decision to delay the transition to digital television until June 12,
2009... Any and all records of communication between the Federal
Communications [Commission] and the White House concerning the delays in
the transition to digital television."
On May 8, 2009, the FCC reported to Judicial Watch that it had uncovered
documents related to the first part of Judicial Watch's request and that
the FCC would soon release some documents while withholding others. With
respect to the second part of Judicial Watch's request, involving
communications with the Obama administration, Joel Kaufman, Associate
General Counsel for the FCC, indicated that the agency was required to
"consult with the White House." The FCC "is unable to respond to this part
of your FOIA request until we receive instructions from the White House,"
Kaufman wrote in his response letter.
On June 16, Judicial Watch received a number of documents related to the
first part of its request. However, a large portion of these documents
were heavily redacted without explanation. No documents have been received
to date related to the FCC's communications with the White House.
Press reports have noted that a donor and advisor to President Obama on
digital television issues, Gerard Salemme, is an executive with Clearwire,
a telecommunications company that stood to benefit from the delay. The
digital transition delay allegedly allowed Clearwire (and its partner,
Sprint) to maintain an edge over competitor Verizon. The delay in the
digital transition also would have had the effect of delaying Verizon's
launch of a new broadband wireless network that would compete with a
network currently operated by Clearwire/Sprint.
"Why is the Obama White House interfering in a routine FOIA request? There
is no provision of FOIA law that allows the White House to screen requests
for potentially damaging information. The FCC has an obligation to abide
by the law and either release the documents or provide a justification for
withholding them. If the Obama White House cared a whit about
transparency, White House operatives would stop impeding the open records
process," said Judicial Watch President Tom Fitton.
Visit www.JudicialWatch.org to read Judicial Watch's lawsuit against the
FCC.