**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | FOIA Control No. 2003-529    |
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| GEORGE J. ZARDECKI               | ** |                              |
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| On Request for Inspection of     | *  |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted:** March 17, 2004 **Released:** March 23, 2004

By the Commission:

1.  The Commission has before it an application for review filed by
    George J. Zardecki (Zardecki) seeking review of a decision of the
    Enforcement Bureau (EB) granting in part and denying in part his
    Freedom of Information Act (FOIA) request. The application for
    review is denied.

2.  Zardecki sought all records having to do with himself and several
    other amateur operators, namely, Michael E. Guernsey, Sr., Ruberd M.
    Lloyd, Daniel J. Jeswald, James R. Evans, Robert M. Sherin, and
    Karol Madera, with the exception of documents authored by himself or
    by Madera.[^1] EB responded by producing 132 pages of documents.[^2]
    Zardecki sought review of the Bureau's decision, stating "I remind
    you that my request was for 'ANY and ALL information and ANY and ALL
    other records, e-mails, notes etc. whatsoever' on the subjects of
    the FOIA request. I say that I only received 'partial' FOIA results
    . . . . "[^3] Zardecki then listed 20 records or types of records
    that he alleges were not produced.

3.  On review, we find no reason to disturb EB's decision. The FOIA
    requires the Commission to conduct a "search reasonably calculated
    to uncover all relevant documents. . . . \[t\]he issue is *not*
    whether any further documents might conceivably exist but rather
    whether the government's search for responsive documents was
    adequate. . . . " [Weisberg v. U.S. Department of
    Justice]{.underline}, 705 F.2d 1344, 1351 (D.C. Cir. 1983)
    \[emphasis in the original\].[^4] In this case, EB conducted a
    thorough search for responsive records and produced 132 documents. A
    review of the list submitted by Zardecki in his application for
    review provides no indication that any further responsive records
    remain in the Commission's possession. Upon receipt of the
    application for review, EB reviewed its records in light of
    Zardecki\'s assertions, but located no additional responsive
    records. EB therefore fulfilled its obligations under the FOIA.

4.  Accordingly, IT IS ORDERED that George J. Zardecki's application for
    review is DENIED. Zardecki may seek judicial review of the denial of
    his FOIA request pursuant to 5 U.S.C. § 552(a)(4)(B).

5.  The following officials are responsible for this action: Chairman
    Powell, Commissioners Abernathy, Copps, Martin, and Adelstein.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

[^1]: E-mail from George J. Zardecki to <FOIA@fcc.gov> (Aug. 14, 2003).

[^2]: Letter from Joseph P. Casey, Chief, Spectrum Enforcement Division
    to Mr. George Zardecki (Nov. 3, 2003) (Control No. 2003-529). Some
    of these documents were provided in redacted form pursuant to FOIA
    Exemptions 5 and 7(C).

[^3]: E-mail from George J. Zardecki to Karen Mercer (Nov. 25, 2003). At
    Zardecki's request, this communication was referred to the Office of
    General Counsel and treated as an application for review.
    [See]{.underline} E-mail from Laurence Schecker to George J.
    Zardecki (Feb. 5, 2004).

[^4]: [See also]{.underline} [Jeffrey W. Hanson]{.underline}, 16 FCC Rcd
    16497, 16499-500 (2002).