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Notice2023-27898

Privacy Act System of Records

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Published
December 19, 2023
Effective
December 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/OS-1, Electronic Comment Filing System (ECFS), 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 handle and process public comments related to FCC rulemakings and other proceedings. This modification makes various necessary changes to the Categories of Records and identifies a new FCC point of contact.

Full Text

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<title>Federal Register, Volume 88 Issue 242 (Tuesday, December 19, 2023)</title>
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[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Notices]
[Pages 87774-87776]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27898]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 191808]


Privacy Act 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/OS-1, 
Electronic Comment Filing System (ECFS), 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 handle and process public comments 
related to FCC rulemakings and other proceedings. This modification 
makes various

[[Page 87775]]

necessary changes to the Categories of Records and identifies a new FCC 
point of contact.

DATES: This modified system of records will become effective on 
December 19, 2023. Written comments on the routine uses are due by 
January 18, 2024. The routine uses in this action will become effective 
on January 18, 2024 unless comments are received that require a 
contrary determination.

ADDRESSES: Send comments to Brendan McTaggart, Federal Communications 
Commission, 45 L Street NE, Washington, DC 20554 or <a href="/cdn-cgi/l/email-protection#5323213a2532302a133530307d343c25"><span class="__cf_email__" data-cfemail="a6d6d4cfd0c7c5dfe6c0c5c588c1c9d0">[email&#160;protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or 
<a href="/cdn-cgi/l/email-protection#dcacaeb5aabdbfa59cbabfbff2bbb3aa"><span class="__cf_email__" data-cfemail="3747455e4156544e7751545419505841">[email&#160;protected]</span></a> (and to obtain a copy of the Narrative Statement and 
the Supplementary Document, which include details of the proposed 
alterations 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/OS-1 by publication in the Federal Register on October 5, 
2023 (88 FR 69180).
    The substantive changes and modifications to the previously 
published version of the FCC/OS-1 system of records include:
    1. Modifying the language in the Categories of Records to be more 
specific about the types of personally identifiable information 
maintained in the system.
    2. Updating the name of the FCC point of contact.

SYSTEM NAME AND NUMBER:
    FCC/OS-1, Electronic Comment Filing System (ECFS).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of the Secretary, Federal Communications Commission, 45 L 
Street NE, Washington, DC 20554 and 1270 Fairfield Road, Gettysburg, PA 
17325.

SYSTEM MANAGER:
    Office of the Secretary, Federal Communications Commission (FCC), 
45 L Street NE, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. Chapter 36; 47 U.S.C. 151 and 154; and Sections 504 and 
508 of the Rehabilitation Act, 29 U.S.C. 794.

PURPOSES OF THE SYSTEM:
    The ECFS collects comments and related data or metadata received by 
the FCC, whether electronically through the ECFS via an internet web-
browser, by mail, by hand delivery of paper copy, or by other methods, 
as well as other files and records submitted in response to Commission 
rulemakings and docketed proceedings, and by the FCC's administrative 
law staff as the repository for official records for administrative 
proceedings. In order to comply with the requirements of various 
statutes and regulations, the FCC offers multiple avenues through which 
the public can be involved in the FCC decision-making process and can 
inform the FCC of concerns regarding compliance with FCC rules and 
requirements. Collecting and maintaining these types of information 
allows the FCC to be fully informed in decision-making, implementation, 
and enforcement endeavors. The ECFS also allows staff access to 
documents and data necessary for key activities discussed in this SORN 
including analyzing effectiveness and efficiency of related FCC 
programs and informing future rule and policy-making activity, and 
improve staff efficiency. Records in this system are available for 
public inspection.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals and representatives of groups, companies, and other 
entities who have filed comments as well as other files and records in 
FCC rulemakings and docketed proceedings or other matters arising under 
the Communications Act of 1934, as amended, the Rehabilitation Act, or 
related statutes.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Comments received by the FCC, whether electronically through the 
Electronic Comment Filing System (ECFS) via an internet web-browser, by 
mail, by hand delivery of paper copy, or other methods which include 
personally identifiable information provided by the filer such as name, 
home or business address, phone number, and/or email address. ECFS also 
collects certain network information from a filer and/or user 
submitting information to the FCC, such as IP address, geolocation, and 
computer operating system. The system also contains other files and 
records submitted in response to Commission rulemakings and docketed 
proceedings, and by the FCC's administrative law staff as the 
repository for official records arising out of the conduct of 
administrative proceedings.

RECORD SOURCE CATEGORIES:
    Information in this system is provided by individuals, groups, 
companies, and other entities who make or provide comments or other 
files and records in FCC rulemakings and docketed proceedings, as well 
as FCC staff.

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--Under the rules of the Commission, public 
comments as well as other files and records submitted in rulemakings 
and other docketed proceedings are routinely available to the public--
unless confidentiality is requested (47 CFR 0.459)--via the ECFS and 
may also be disclosed to the public in Commission releases.
    2. FCC Enforcement Actions--When a record in this system involves 
an informal complaint filed alleging a violation of FCC rules, 
regulations, orders, or requirements 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.
    3. 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.

[[Page 87776]]

    4. 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.
    5. Law Enforcement and Investigation--To disclose pertinent 
information to 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, where the FCC 
becomes aware of an indication of a violation or potential violation of 
civil or criminal law or regulation.
    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 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.
    8. 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.
    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.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system of records can be retrieved by any category 
field, e.g., individual name, entity name, rulemaking number, and/or 
docket number.

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 6.6: Rulemaking Records (DAA-GRS-2017-0012).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic records, files, and data are stored in a database 
housed in the FCC computer network. While comments and other files and 
records are generally publicly available, access to certain information 
associated with filings 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 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#c9b9bba0bfa8aab089afaaaae7aea6bf"><span class="__cf_email__" data-cfemail="8ffffde6f9eeecf6cfe9ececa1e8e0f9">[email&#160;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:
    88 FR 69180 (October 5, 2023).


Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023-27898 Filed 12-18-23; 8:45 am]
BILLING CODE 6712-01-P


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