Notice2023-23102
Privacy Act of 1974; System of Records
Primary source
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Published
October 19, 2023
Effective
October 19, 2023
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (FCC, Commission, or Agency) proposes to modify an existing system of records, FCC/WTB-1, Wireless Services Licensing Records, 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 records in this system to administer the Commission's regulatory responsibilities including licensing, enforcement, rulemaking, and other actions necessary to perform spectrum management duties. This modification makes various necessary changes and updates, including formatting changes required by the Office of Management and Budget (OMB) Circular A-108 since its previous publication, the addition of four new routine uses, as well as the revision of six existing routine uses and the deletion of one existing routine use.
Full Text
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<title>Federal Register, Volume 88 Issue 201 (Thursday, October 19, 2023)</title>
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[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72068-72071]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23102]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 179690]
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
[[Page 72069]]
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/WTB-1,
Wireless Services Licensing Records, 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 records in this system to administer the Commission's
regulatory responsibilities including licensing, enforcement,
rulemaking, and other actions necessary to perform spectrum management
duties. This modification makes various necessary changes and updates,
including formatting changes required by the Office of Management and
Budget (OMB) Circular A-108 since its previous publication, the
addition of four new routine uses, as well as the revision of six
existing routine uses and the deletion of one existing routine use.
DATES: This modified system of records will become effective on October
19, 2023. Written comments on the routine uses are due by November 20,
2023. The routine uses in this action will become effective on November
20, 2023 unless comments are received that require a contrary
determination.
ADDRESSES: Send comments to Katherine C. Clark, Attorney-Advisor,
Office of General Counsel, Federal Communications Commission, 45 L
Street NE, Washington, DC 20554, or to <a href="/cdn-cgi/l/email-protection#3545475c4354564c755356561b525a43"><span class="__cf_email__" data-cfemail="2151534857404258614742420f464e57">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Katherine C. Clark, (202) 418-1773, or
<a href="/cdn-cgi/l/email-protection#a4d4d6cdd2c5c7dde4c2c7c78ac3cbd2"><span class="__cf_email__" data-cfemail="0d7d7f647b6c6e744d6b6e6e236a627b">[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: This notice serves to update and modify FCC/
WTB-1, as a result of various necessary changes and updates. The
substantive changes and modifications to the previously published
version of the FCC/WTB-1 system of records include:
1. Updating the language in the Security Classification to follow
OMB guidance;
2. Updating the language in the Purposes section for clarity and
for consistency with the language and phrasing currently used in the
FCC's SORNs and to include collecting and maintaining information to
allow staff access to documents necessary for key activities discussed
in this SORN, including analyzing effectiveness and efficiency of FCC
programs, informing future rule-making and policy-making activity, and
improving staff efficiency;
3. Modifying the language in the Categories of Individuals and
Categories of Records for clarity and for consistency with the language
and phrasing currently used in the FCC's SORNs;
4. Updating and/or revising language in six routine uses (listed by
current routine use number): (1) Public Access; (2) Litigation and (3)
Adjudication (now two separate routine uses); (5) Law Enforcement and
Investigation; (6) Congressional Inquiries; and (7) Government-wide
Program Management and Oversight;
5. Adding four new routine uses (listed by current routine use
number): (4) FCC Enforcement Actions; (8) Breach Notification, the
addition of which is as required by OMB Memorandum No. M-17-12; (9)
Assistance to Federal Agencies and Entities Related to Breaches, the
addition of which is required by OMB Memorandum No. M-17-12; and (10)
Non-Federal Personnel;
6. Deleting one prior routine use (listed by former routine use
number) (2) Financial Obligations Under the Debt Collection Acts, which
does not reflect how the FCC has used or disclosed records from this
system;
7. Updating the SORN to include the records schedule ``Universal
Licensing System'' Records Schedule, Number N1-173-08-001.
The system of records is also updated to reflect various
administrative changes related to the system managers and system
addresses; policy and practices for storage and retrieval of the
information; administrative, technical, and physical safeguards; and
updated notification, records access, and contesting records
procedures.
SYSTEM NAME AND NUMBER:
FCC/WTB-1, Wireless Services Licensing Records.
SECURITY CLASSIFICATION:
No information in the system is classified.
SYSTEM LOCATION:
Wireless Telecommunications Bureau (WTB), Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554.
SYSTEM MANAGER:
Chief, Wireless Telecommunications Bureau (WTB), Federal
Communications Commission (FCC), 45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S.C. 7701; and 47 U.S.C. 301, 303, 309, 312, 362, 364, 386,
507, and 510.
PURPOSES OF THE SYSTEM:
The FCC uses the information in this system for purposes that
include, but are not limited to:
1. To provide public access to pending requests for authorizations
and information regarding current licenses and leases;
2. To provide public access to license data, which promotes the
economically efficient allocation of spectrum and the resolution of
radio interference problems;
3. To determine the availability of spectrum for licensing;
4. To determine when compliance filings, renewal applications, and
fees are due from licensees;
5. To resolve disputes between radio operators regarding who has
certain rights to use particular frequency bands in particular
geographic areas;
6. To resolve cross border disputes, on occasion--e.g., dispute(s)
with entities operating in Canada and Mexico;
7. To allow licensees to transfer, assign, or lease their interests
in particular licenses or portions of licenses as the rules permit
(after agency approval);
8. To evaluate the completeness and sufficiency of requests for new
or modified authorizations;
9. To provide reports to a variety of Federal officials on the
current uses and utilization of the spectrum the FCC is charged with
regulating;
10. To collect and maintain information to allow staff access to
documents necessary for key activities discussed in this SORN,
including analyzing effectiveness and efficiency of related FCC
programs and informing future rule-making and policy-making activity;
and improving staff efficiency.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals whose records are maintained in this
system include, but are not limited to: licensees, lessees, applicants
(including persons or entities with attributable interests therein),
and entities or individuals who participate in relevant FCC
proceedings; tower owners; and contact persons relating to radio
systems licensed or processed by the WTB under parts 13, 22, 24, 27,
74, 80, 87, 90, 95, 97, and 101 of the Commission's Rules (Wireless
Services).
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include, but are not
limited to:
[[Page 72070]]
1. Applications, requests for authorization, and related pleadings,
all of which may include contact information and other personally
identifiable information (PII);
2. Forms 175, 601, 602, 603, 605, and 608 and related pleadings,
all of which may include contact information and other (PII);
3. Authorizations, licenses, leases, and related pleadings, all of
which may include contact information and other (PII);
4. Correspondence relating to applications, requests for
authorization, FCC forms, authorizations, licenses, leases, and all
related pleadings.
RECORD SOURCE CATEGORIES:
Sources of records include individuals conducting business with or
participating in relevant proceedings of the FCC.
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--Records related to applications, requests for
authorizations, authorizations, licenses, leases, and related pleadings
and correspondence will be routinely made publicly available, with the
exception of material which is afforded confidential treatment pursuant
to a request made under 47 CFR 0.459.
2. 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.
3. 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.
4. FCC Enforcement Actions--When a record in this system involves
an informal complaint filed alleging a violation of the Communications
Act or FCC regulations or orders (FCC Rules and Regulations) by an
applicant, licensee, certified or regulated entity, or an unlicensed
person or entity, the complaint may be provided to the alleged violator
for a response. Where a complainant in filing his or her complaint
explicitly requests confidentiality of his or her name from public
disclosure, the Commission will endeavor to protect such information
from public disclosure. Complaints that contain requests for
confidentiality may be dismissed if the Commission determines that the
request impedes the Commission's ability to investigate and/or resolve
the complaint.
5. Law Enforcement and Investigation--When the FCC investigates any
violation or potential violation of a civil or criminal law,
regulation, policy, executed consent decree, order, or any other type
of compulsory obligation, to disclose pertinent information as it deems
necessary with the target of an investigation, as well as with
appropriate Federal, State, local, Tribal, international, or
multinational agencies, or a component of such an agency, responsible
for investigating, prosecuting, enforcing, or implementing a statute,
rule, regulation, or order.
6. 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.
7. 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 FOIA; or to
OMB to obtain that office's advice regarding obligations under the
Privacy Act.
8. Breach Notification--To appropriate agencies, entities, and
persons when: (a) the Commission suspects or has confirmed that there
has been a breach of the system of records; (b) the Commission has
determined that as a result of the suspected or confirmed compromise
there is a risk of harm to individuals, the Commission (including its
information systems, programs, and operations), the Federal Government,
or national security; 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.
9. 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.
10. Non-Federal Personnel--To disclose information to non-Federal
personnel, including contractors, other vendors (e.g., identity
verification services), 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
This an electronic system of records that resides on the FCC's
network. Paper records that are not filed electronically are keyed into
the system by FCC staff; such paper records are retained for one year
and then destroyed.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in the electronic database can be retrieved by
searching electronically using a variety of parameters including name,
a licensee's unique identifier, call sign, file number, etc.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information in this electronic system is maintained and
disposed of in accordance with the ``Universal Licensing System''
Records Schedule, Number N1-173-08-001.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, files, and data are stored within FCC or a
vendor's
[[Page 72071]]
accreditation boundaries and maintained in a database housed in the
FCC's or vendor's computer network databases. Access to the electronic
and paper files is restricted to authorized employees and contractors;
and in the case of electronic files 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 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), 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#cabab8a3bcaba9b38aaca9a9e4ada5bc"><span class="__cf_email__" data-cfemail="addddfc4dbccced4edcbcece83cac2db">[email protected]</span></a>. Individuals requesting record access or amendment must
also comply with the FCC's Privacy Act regulations regarding
verification of identity as required under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None
HISTORY:
71 FR 17269 (April 5, 2006)
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-23102 Filed 10-18-23; 8:45 am]
BILLING CODE 6712-01-P
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