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                                                          Before the 
               FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C. 20554

In the Matter of                        )    
                                   )
WXGI AM 950                        )
RICHMOND, VIRGINIA                 )    FOIA Control No. 98-252  
                                        )
On Request for Inspection                    )         
of Records                              )

                   MEMORANDUM OPINION AND ORDER

               Adopted: February 25, 1999;   Released:  March 4, 1999

By the Commission:

     1.   The Commission has under consideration an application for review filed by WXGI
AM 950, Richmond, Virginia (WXGI), seeking review of a Freedom of Information Act (FOIA)
decision of the Compliance and Information Bureau (Bureau).  That decision granted in part and
denied in part WXGI's request for records relating to complaints filed against it.  For the reasons
stated below, we deny WXGI's application for review.

     2.   WXGI sought "information concerning the person(s) or company who reported to
the Commission that WXGI AM 950 Richmond VA was operating above power assigned by the
[FCC]."  The Bureau provided the information requested but withheld the names of the
complainants and other identifying information pursuant to FOIA Exemption 7(D), 5 U.S.C. 
552(b)(7)(D).  The Bureau determined that "all three sources or complainants furnished
information to the Commission under circumstances from which an assurance of confidentiality
could be reasonably inferred."  On appeal, David Gee, the new owner of WXGI, states that he is
concerned about activities against his station by four "terminated . . . disgruntled employees" and
that he would like "peace of mind of knowing the source of the various complaints against WXGI
since [he] purchased the station."

     3.   Upon review, we find no reason to disturb the Bureau's decision.  Exemption 7(D)
permits the Commission to withhold the name and identifying data which could reasonably be
expected to lead to the disclosure of a confidential source when there was an expressed or implied
assurance of confidentiality.  See generally United States Department of Justice v. Landano, 508
U.S. 165, 171-72 (1993); see Barry A. Stevenson, 8 FCC Rcd 5151 (1993); Jimmy Shillington, 7
FCC Rcd 903 (1992); Duane Delorey, 4 FCC Rcd 5412 (1989); William Rondini, 3 FCC Rcd
2590 (1988).  Here, the Bureau determined that the complainants furnished information to the
Commission under circumstances from which an assurance of confidentiality could be reasonably
inferred.  Under such circumstances, we agree that the Bureau properly invoked FOIA Exemption
7(D).  Moreover, because this requestor fails to make any showing that the public interest benefits
of disclosure would outweigh its potential harmful effects, we decline to exercise our
discretionary authority to release the information.  47 C.F.R.  0.461(f)(4).

     4.   IT IS ORDERED that WXGI's application for review is DENIED.  WXGI may
seek judicial review of the denial in part of its FOIA request pursuant to 5 U.S.C.  552(a)(4)(B).

     5.   The officials responsible for this action are the following Commissioners: 
Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell, and Tristani.
               
                         FEDERAL COMMUNICATIONS COMMISSION



                         Magalie Roman Salas
                         Secretary