Notice2022-18359
Privacy Act of 1974; System of Records
Primary source
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Published
August 26, 2022
Effective
August 26, 2022
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 categories of individuals and record source categories of this system of records to include other Federal, state, local, U.S. territorial, and Tribal government entities and expands the purpose and routine uses of this system of records to include additional purposes for disclosing business contact and certification information and adding state, local, U.S. territorial, and Tribal government entities to the types of entities that may receive information from this system.
Full Text
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<title>Federal Register, Volume 87 Issue 165 (Friday, August 26, 2022)</title>
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[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52554-52556]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18359]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 101751]
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 categories of individuals and
record source categories of this system of records to include other
Federal, state, local, U.S. territorial, and Tribal government entities
and expands the purpose and routine uses of this system of records to
include additional purposes for disclosing business contact and
certification information and adding state, local, U.S. territorial,
and Tribal government entities to the types of entities that may
receive information from this system.
DATES: This modified system of records will become effective on August
26, 2022. Written comments on the routine uses are due by September 26,
2022. The routine uses will become effective on September 26, 2022,
unless written comments are received that require a contrary
determination.
ADDRESSES: Send comments to Brendan McTaggart, at <a href="/cdn-cgi/l/email-protection#0e7e7c67786f6d774e686d6d20696178"><span class="__cf_email__" data-cfemail="2050524956414359604643430e474f56">[email protected]</span></a>, or
at Federal Communications Commission (FCC), 45 L Street NE, Washington,
DC 20554 at (202) 418-1738.
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
<a href="/cdn-cgi/l/email-protection#5222203b2433312b123431317c353d24"><span class="__cf_email__" data-cfemail="a2d2d0cbd4c3c1dbe2c4c1c18cc5cdd4">[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, 154 (i)-(j) & (o), 155, 251(e)(3), 254, 257,
301, 303, 332, 402, 1302; and 5 U.S.C. 602(c) and 609(a)(3).
[[Page 52555]]
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,
including through certifications of information provided to the
Commission. The FCC also uses this system to collect and maintain
contact information and certifications from other Federal, state,
local, U.S. territorial, and Tribal government entities that
administer, support, participate in, or receive information related to,
FCC programs and activities.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals, including points of contact for and those who certify
on behalf of, businesses as well as Federal, state, local, U.S.
territorial, or Tribal governmental entities.
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, including
points of contact for and those who certify on behalf of: FCC
contractors; vendors; those providing collateral duties to the FCC;
regulated entities and entities in related industries; and Federal,
state, local, U.S. territorial, and Tribal government entities.
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--Contact information and certifications made by
individuals contained in this system may be made available for public
inspection to comply with FCC regulations that require public
disclosure of this information, or in Commission releases, including
notices of proposed rulemaking, public notices, orders, and other
actions released by the Commission.
2. Authorized Third Parties--Contact information and certifications
made by individuals contained in this system may be shared with
authorized third parties, including individuals and businesses in
regulated and related industries, FCC vendors, and their contractors,
to administer, support, participate in, or receive information related
to, FCC programs and activities; or to ensure compliance with the
confidentiality and other rules regarding information sharing in the
FCC's programs and activities.
3. Federal Agencies--Contact information and certifications made by
individuals contained in this system may be shared with other Federal
agencies in order to administer, support, participate in, or receive
information related to, FCC programs and activities.
4. State, Local, U.S. Territorial, and Tribal Government Entities--
Contact information and certifications made by individuals contained in
this system may be shared with authorized state, local, U.S.
territorial and Tribal government entities to administer, support,
participate in, or receive information related to, FCC programs and
activities.
5. Litigation--To disclose records to the Department of Justice
(DOJ) when: (a) the FCC or any component thereof; (b) any employee of
the FCC in his or her official capacity; (c) any employee of the FCC in
his or her individual capacity where the DOJ or the FCC has agreed to
represent the employee; or (d) the United States Government is a party
to litigation or has an interest in such litigation, and by careful
review, the FCC determines that the records are both relevant and
necessary to the litigation, and the use of such records by the
Department of Justice is for a purpose that is compatible with the
purpose for which the FCC collected the records.
6. Adjudication--To disclose records in a proceeding before a court
or adjudicative body, 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; or (d) the
United States Government, is a party to litigation or has an interest
in such litigation, and by careful review, the FCC determines that the
records are both relevant and necessary to the litigation, and that the
use of such records is for a purpose that is compatible with the
purpose for which the agency collected the records.
7. Law Enforcement and Investigation--To disclose pertinent
information to the appropriate Federal, State, local, Tribal agency, or
a component of such an agency, 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.
8. 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.
9. 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 (FOIA); or to the Office of Management and Budget
(OMB) to obtain that office's advice regarding obligations under the
Privacy Act.
10. 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.
11. Assistance to Federal Agencies and Entities Related to
Breaches--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.
12. Non-Federal Personnel--To disclose information to non-Federal
personnel, including contractors, grantees, and volunteers 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.
[[Page 52556]]
REPORTING TO A 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 to
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="29795b405f484a50694f4a4a074e465f">[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 68497 (December 2, 2021).
Federal Communications Commission.
Sheryl Todd,
Deputy Secretary.
[FR Doc. 2022-18359 Filed 8-25-22; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on August 26, 2022.
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