Notice2023-24878
Privacy Act of 1974; System of Records
Primary source
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Published
November 13, 2023
Effective
November 13, 2023
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 this system to collect and maintain points of contact and to ensure compliance with FCC rules through certifications of information provided to the Commission. This modification expands the purposes, categories of individuals, and record source categories of this system of records to include public interest organizations, nonprofit organizations, government organizations, international organizations, and other non-business entities that participate in FCC proceedings or are included in FCC programs and modifies two routine uses.
Full Text
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<title>Federal Register, Volume 88 Issue 217 (Monday, November 13, 2023)</title>
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[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77580-77582]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24878]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID 184193]
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 this system to collect and maintain points of contact
and to ensure compliance with FCC rules through certifications of
information provided to the Commission. This modification expands the
purposes, categories of individuals, and record source categories of
this system of records to include public interest organizations,
nonprofit organizations, government organizations, international
organizations, and other non-business entities that participate in FCC
proceedings or are included in FCC programs and modifies two routine
uses.
DATES: This modified system of records will become effective on
November 13, 2023. Written comments on the routine uses are due by
December 13, 2023. The routine uses will become effective on December
13, 2023, unless written comments are received that require a contrary
determination.
ADDRESSES: Send comments to Brendan McTaggart, at <a href="/cdn-cgi/l/email-protection#5727253e2136342e1731343479303821"><span class="__cf_email__" data-cfemail="e494968d9285879da4828787ca838b92">[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#fa8a88938c9b9983ba9c9999d49d958c"><span class="__cf_email__" data-cfemail="09797b607f686a70496f6a6a276e667f">[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: As required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth
notice of the proposed modification of a system of records maintained
by the FCC. The FCC previously provided notice of the system of records
FCC-2, Business Contacts and Certifications by publication in the
Federal Register on August 26, 2022 (87 FR 52554). This notice serves
to update and modify FCC-2 as a result of various necessary changes and
updates. The substantive changes and modifications to the previously
published version of the FCC-2 system of records include:
1. Expanding the descriptions in the Purposes of the System,
Categories of Individuals, and Sources of Records;
2. Updating and/or revising language in the following routine uses
(listed by the routine use number provided in this notice): (7) Law
Enforcement and Investigation and (12) Non-Federal Personnel.
SYSTEM NAME AND NUMBER:
FCC-2, Business Contacts and Certifications
SECURITY CLASSIFICATION:
No information in the system is classified.
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).
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 and
certifications from: (1) entities regulated by the FCC and in related
industries, as well as contractors, vendors, and those performing
collateral duties for the FCC; (2) other Federal, state, local, U.S.
territorial, and Tribal government entities that administer, support,
participate in, or receive information
[[Page 77581]]
related to, FCC programs and activities; and (3) public interest
organizations, nonprofit organizations, international organizations,
and other non-business entities that participate in FCC proceedings or
are included in FCC programs.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals, including points of contact for and those who certify
on behalf of, businesses, public interest organizations, nonprofit
organizations, government organizations, international organizations,
and other non-business entities that participate in FCC proceedings or
are included in FCC programs; points of contact for 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; Federal, state,
local, U.S. territorial, and Tribal government entities; public
interest organizations, nonprofit organizations, government
organizations, international organizations, and other non-business
entities that participate in FCC proceedings.
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--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 to the target of an investigation, as well as with the
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.
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, other vendors (e.g., identity
verification services), grantees, and volunteers who have been engaged
to assist the FCC in the performance of a service, grant, cooperative
agreement, or other activity
[[Page 77582]]
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, 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#6212100b1403011b220401014c050d14"><span class="__cf_email__" data-cfemail="3343415a4552504a735550501d545c45">[email protected]</span></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 PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
87 FR 52554 (August 26, 2022).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-24878 Filed 11-9-23; 8:45 am]
BILLING CODE 6712-01-P
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