Notice2021-26163
Privacy Act of 1974; System of Records
Primary source
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Published
December 2, 2021
Effective
December 2, 2021
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (FCC, Commission, or Agency) proposes to modify an existing system of records, FCC-2, Business Contacts and Certifications, subject to the Privacy Act of 1974, as amended. This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of records maintained by the Agency. The Commission uses the information on individuals and businesses contained in the records in this system to collect and maintain points of contact at regulated entities and in related industries, and ensure compliance with FCC rules through certifications of information provided to the Commission. This modification expands the purpose of the system of records to include collecting and maintaining point of contact information for contractors, vendors, and those performing collateral duties for the FCC, and to ensure compliance with applicable federal laws, in addition to FCC rules.
Full Text
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<title>Federal Register, Volume 86 Issue 229 (Thursday, December 2, 2021)</title>
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[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Notices]
[Pages 68497-68498]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26163]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 59971]
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
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SUMMARY: The Federal Communications Commission (FCC, Commission, or
Agency) proposes to modify an existing system of records, FCC-2,
Business Contacts and Certifications, subject to the Privacy Act of
1974, as amended. This action is necessary to meet the requirements of
the Privacy Act to publish in the Federal Register notice of the
existence and character of records maintained by the Agency. The
Commission uses the information on individuals and businesses contained
in the records in this system to collect and maintain points of contact
at regulated entities and in related industries, and ensure compliance
with FCC rules through certifications of information provided to the
Commission. This modification expands the purpose of the system of
records to include collecting and maintaining point of contact
information for contractors, vendors, and those performing collateral
duties for the FCC, and to ensure compliance with applicable federal
laws, in addition to FCC rules.
DATES: This modified system of records will become effective on
December 2, 2021. Written comments on the routine uses are due by
January 3, 2022. The routine uses will become effective on January 3,
2022, unless written comments are received that require a contrary
determination.
ADDRESSES: Send comments to Margaret Drake, at <a href="/cdn-cgi/l/email-protection#d7a7a5bea1b6b4ae97b1b4b4f9b0b8a1"><span class="__cf_email__" data-cfemail="8bfbf9e2fdeae8f2cbede8e8a5ece4fd">[email protected]</span></a>, or at
Federal Communications Commission (FCC), 45 L Street NE, Washington, DC
20554 at (202) 418-1707.
FOR FURTHER INFORMATION CONTACT: Margaret Drake, (202) 418-1707, or
<a href="/cdn-cgi/l/email-protection#2555574c5344465c654346460b424a53"><span class="__cf_email__" data-cfemail="7101031807101208311712125f161e07">[email protected]</span></a> (and to obtain a copy of the Narrative Statement and
the Supplementary Document, which includes details of the modifications
to this system of records).
SUPPLEMENTARY INFORMATION:
SYSTEM NAME AND NUMBER:
FCC-2, BUSINESS CONTACTS AND CERTIFICATIONS.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Communications Commission (FCC), 45 L Street NE,
Washington, DC, 20554; Universal Service Administrative Company, 700
12th Street NW, Suite 900, Washington, DC 20005; or FISMA compliant
contractor.
SYSTEM MANAGER(S):
Federal Communications Commission (FCC); Universal Service
Administrative Company (USAC); or FISMA compliant contractor.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 151, 152, 155, 257, 303; and 5 U.S.C. 602(c) and
609(a)(3).
PURPOSES OF THE SYSTEM:
The FCC and organizations administering programs on behalf of the
FCC use this system to collect and maintain points of contact at
entities regulated by the FCC and in related industries, as well as
contractors, vendors, and those performing collateral duties for the
FCC, to ensure compliance with applicable federal laws and FCC rules
through certifications of information provided to the Commission.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals and businesses.
CATEGORIES OF RECORDS IN THE SYSTEM:
Contact information, such as name, username, signature, phone
numbers, emails, and addresses, as well as work and educational
history.
RECORD SOURCE CATEGORIES:
Information in this system is provided by individuals or businesses
who serve as points of contact at FCC contractors, vendors, those
providing collateral duties to the FCC, regulated entities, and in
related industries or certify data on behalf of an entity.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows.
1. Public Access--Information regarding points of contact at
regulated entities and in related industries, as well as certifications
made by individuals on behalf of an entity, may be made available for
public inspection to comply with FCC regulations that require public
disclosure of this information.
2. Third Parties--To third parties, including individuals and
businesses in the communications industry, FCC vendors and their
contractors, and other federal agencies to administer or support
programs on behalf of the FCC.
3. Adjudication and Litigation--To disclose to the Department of
Justice (DOJ), or to other administrative or adjudicative bodies before
which the FCC is authorized to appear, when: (a) The FCC or any
component thereof; or (b) any employee of the FCC in his or her
official capacity; or (c) any employee of the FCC in his or her
individual capacity where the DOJ or the FCC have agreed to represent
the employee; or (d) the United States is a party to litigation or has
an interest in such litigation, and the use of such records by the DOJ
or the FCC is deemed by the FCC to be relevant and necessary to the
litigation.
4. Law Enforcement and Investigation--To disclose pertinent
information to the appropriate Federal, State, local, tribal agency, or
component of an agency, such as the FCC's Enforcement Bureau,
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, where the FCC becomes aware of
an indication of a violation or potential violation of civil or
criminal law or regulation.
5. Congressional Inquiries--To provide information to a
Congressional office from the record of an individual in response to an
inquiry from that Congressional office made at the written request of
that individual.
6. Government-wide Program Management and Oversight--To provide
information to the Department of Justice (DOJ) to obtain that
department's advice regarding disclosure obligations under the Freedom
of Information Act; or to the Office of Management and Budget (OMB) to
obtain that office's advice regarding obligations under the Privacy
Act.
[[Page 68498]]
7. Breach Notification--To appropriate agencies, entities, and
persons when: (a) The Commission suspects or has confirmed that there
has been a breach of PII maintained in the system of records; (b) the
Commission has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Commission
(including its information system, programs, and operations), the
Federal Government, or national security; and; and (c) the disclosure
made to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Commission's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
8. Assistance to Federal Agencies and Entities--To another Federal
agency or Federal entity, when the Commission determines that
information from this system is reasonably necessary to assist the
recipient agency or entity in: (a) Responding to a suspected or
confirmed breach or (b) preventing, minimizing, or remedying the risk
of harm to individuals, the recipient agency or entity (including its
information systems, program, and operations), the Federal Government,
or national security, resulting from a suspected or confirmed breach.
9. Non-Federal Personnel--To disclose information to non-federal
personnel, including contractors, who have been engaged to assist the
FCC in the performance of a contract service, grant, cooperative
agreement, or other activity related to this system of records and who
need to have access to the records in order to perform their activity.
In each of these cases, the FCC will determine whether disclosure
of the records is compatible with the purpose for which the records
were collected.
REPORTING TO CONSUMER REPORTING AGENCIES:
In addition to the routine uses cited above, the Commission may
share information from this system of records with a consumer reporting
agency regarding an individual who has not paid a valid and overdue
debt owed to the Commission, following the procedures set out in the
Debt Collection Act, 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
This an electronic system of records that resides on the FCC's
network, USAC's network, or on an FCC vendor's network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system of records can be retrieved by any category
field, e.g., first name or email address.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information in this system is maintained and disposed of in
accordance with the National Archives and Records Administration (NARA)
General Records Schedule 6.5, Item 020 (DAA-GRS-2017-0002-0002).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, files, and data are stored within FCC,
USAC, or a vendor's accreditation boundaries and maintained in a
database housed in the FCC's, USAC's, or vendor's computer network
databases. Access to the electronic files is restricted to authorized
employees and contractors; and to IT staff, contractors, and vendors
who maintain the IT networks and services. Other employees and
contractors may be granted access on a need-to-know basis. The
electronic files and records are protected by the FCC, USAC, and third-
party privacy safeguards, a comprehensive and dynamic set of IT safety
and security protocols and features that are designed to meet all
Federal privacy standards, including those required by the Federal
Information Security Modernization Act of 2014 (FISMA), the Office of
Management and Budget (OMB), and the National Institute of Standards
and Technology (NIST).
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedure
below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedure
below.
NOTIFICATION PROCEDURES:
Individuals wishing to determine whether this system of records
contains information about themselves may do so by writing
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="79290b100f181a00391f1a1a571e160f">[email protected]</a>. Individuals requesting access must also comply with
the FCC's Privacy Act regulations regarding verification of identity to
gain access to records as required under 47 CFR part 0, subpart E.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
86 FR 40838 (July 29, 2021).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021-26163 Filed 12-1-21; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on December 2, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.