Reading Room Document
Whether the Federal Communications Commission may monitor radio frequencies on behalf of law enforcement agencies and whether a violation of law applicable to such monitoring by FCC personnel would give rise to a private cause of action
In this memo, the OLC concluded that the FCC could engage in routine monitoring of radio frequencies in order to investigate violations of the Communications Act of 1934, but could not undertake monitoring at the behest of law enforcement agencies. Additionally, the OLC found that “a private cause of action may lie against the FCC and its personnel for violations of laws applicable to such monitoring.”
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit