Notice2023-28751
Privacy Act of 1974; System of Records
Primary source
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Published
December 29, 2023
Effective
December 29, 2023
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (FCC or Commission or Agency) has modified an existing system of records, FCC/OMD-18, Telephone Call Details, 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 FCC's Office of the Managing Director (OMD) will use a vendor-provided management solution to maintain information associated with the FCC's wireless communications equipment, functions, and services. 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, and the revision of existing routine uses.
Full Text
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<title>Federal Register, Volume 88 Issue 249 (Friday, December 29, 2023)</title>
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[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Notices]
[Pages 90186-90188]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28751]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 194270]
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 or Commission or
Agency) has modified an existing system of records, FCC/OMD-18,
Telephone Call Details, 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 FCC's Office of the Managing
Director (OMD) will use a vendor-provided management solution to
maintain information associated with the FCC's wireless communications
equipment, functions, and services. 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, and the revision of existing routine uses.
DATES: This modified system of records will become effective on
December 29, 2023. Written comments on the routine uses are due by
January 29, 2024. The routine uses in this action will become effective
on January 29, 2024] unless comments are received that require a
contrary determination.
ADDRESSES: Send comments to Brendan McTaggart, 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#c3b3b1aab5a2a0ba83a5a0a0eda4acb5"><span class="__cf_email__" data-cfemail="3545475c4354564c755356561b525a43">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
<a href="/cdn-cgi/l/email-protection#f686849f8097958fb6909595d8919980"><span class="__cf_email__" data-cfemail="8dfdffe4fbeceef4cdebeeeea3eae2fb">[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/OMD-18 by publication in the Federal Register on March 10, 2017 (82
FR 13348). This notice serves to modify FCC/OMD-18 to make various
necessary changes and updates, including renaming and clarifying the
purpose of the system, making formatting changes required by OMB
Circular A-108, and revising existing routine uses. The substantive
changes and modifications to the previously published version of the
FCC/OMD-18 system of records include:
1. Narrowing the scope of the SORN and renaming the system of
records to reflect that only information about FCC employee wireless
communications equipment, functions, and services is maintained in this
system.
2. Updating the system's description to reflect the transition to a
vendor-provided solution;
3. Modifying the language in the Categories of Individuals and
Categories of Records to reflect changes to the system;
4. Updating and/or revising language in the following routine uses
(listed by current routine use number): the former Litigation and
Adjudication routine use has been modified into two revised routine
uses--(1) Litigation, and (2) Adjudication; (3) Law Enforcement and
Investigation; (4) Congressional Inquiries; (5) Government-wide Program
Management and Oversight; (9) Communications Providers; and (10) Non-
Federal Personnel.
5. Deleting two routine uses (listed by former routine use number),
which no longer reflect uses or disclosures of records from this
system: (5) Employment, Clearances, Licensing, Contract, Grant, or
other Benefits Decisions by the Agency; and (6) Employment, Clearances,
Licensing, Contract, Grant, or other Benefits Decisions by Other than
the Agency
6. Updating the existing records retention and disposal schedule
with a new records schedule: National Archives and Records
Administration (NARA) General Records Schedule 5.5: ``Mail, Printing,
and Telecommunication Service Management Records.''
The system of records is also revised for clarity and 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/OMD-18, FCC Wireless Communications Information.
SECURITY CLASSIFICATION:
No information in the system is classified.
SYSTEM LOCATION:
Information Technology (IT), Office of the Managing Director (OMD),
Federal Communications Commission (FCC), 45 L Street NE, Washington, DC
20554.
SYSTEM MANAGER(S):
Information Technology (IT), Office of the Managing Director (OMD),
Federal Communications Commission (FCC), 45 L Street NE, Washington, DC
20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 44 U.S.C. 3101, and 47 U.S.C. 154(i).
PURPOSE(S) OF THE SYSTEM:
This system collects information related to the FCC's wireless
communications equipment, functions, and services, and the associated
costs and charges for wireless communications equipment, functions, and
services. The collection of the records in this system serve the
following purposes:
1. Accounting for the information contained in bills for wireless
communications equipment, functions, or services; and
2. Ensuring that the FCC operates efficiently and effectively, and
guards against any improper uses of FCC wireless communications
equipment, functions, or services.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
1. FCC staff (including, but not limited to current and former
employees, interns, co-op students, and volunteers) who have been
issued FCC wireless communications equipment; and
2. FCC contractors who have been issued FCC wireless communications
equipment.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the system include:
1. Records of the Commission's wireless communications equipment,
functions, and services, and the associated costs and charges, which
include, but are not limited to:
a. Communications numbers (including telephone numbers, IP
addresses, or other unique communications identifier(s) (e.g.,
International Mobile Equipment Identity (IMEI) numbers));
b. Time (call start and call end) and data usage from wireless
communications;
c. Duration of wireless communications (lapsed time);
d. Disposition and cost of communications; and
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e. FCC bureau/office to which each relevant identifying wireless
communications number is assigned.
2. Type and number of FCC wireless communications devices assigned
to FCC staff (employees and contractors);
3. Copies of related wireless communications and service records,
including any periodic summaries which may have been compiled to
reflect the total number and type of communications and related user
charges, usages, and fees from wireless communications equipment
assigned to FCC employees; and
4. Names and email addresses of FCC staff and contractors;
5. Personal telephone numbers and personal mailing addresses for
FCC staff and contractors, if voluntarily provided by those
individuals.
This system does not include or maintain the contents of calls,
messages, or other communications to or from FCC wireless equipment or
communicated over FCC wireless services or functions.
RECORD SOURCE CATEGORIES:
Record source categories in this system include purchase orders;
bills and other documentation associated with the usage and charges for
the wireless communications, including but not limited to voice, text,
and other teleconferencing services and functions (audio or video),
using various equipment and devices (including, but not limited to
cellular telephones, other mobile or broadband devices, and
teleconferencing services (audio or video)); and individuals about whom
records are maintained, as well as their supervisors and managers.
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. In
each of these cases, the FCC will determine whether disclosure of the
records is compatible with the purpose(s) for which the records were
collected:
1. 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 DOJ is
for a purpose that is compatible with the purpose for which the FCC
collected the records.
2. 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.
3. Law Enforcement and Investigation--When the FCC becomes aware of
an indication of a violation or potential violation of a civil or
criminal statute, law, regulation, order, or other requirement, 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, order, or other
requirement.
4. 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.
5. Government-wide Program Management and Oversight--To provide
information to the 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.
6. Labor Relations--To officials of labor organizations recognized
under 5 U.S.C. chapter 71 upon receipt of a formal request and in
accord with the conditions of 5 U.S.C. 7114 when relevant and necessary
to their duties of exclusive representation concerning personnel
policies, practices, and matters affecting working conditions.
7. 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 breach 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.
8. 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.
9. Communications Providers--To a communications company providing
support to permit account servicing, billing verification, and related
requirements.
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:
1. This electronic system of records resides on the FCC's or a
third-party vendor's accredited network.
2. The paper records, if any, are stored in file cabinets in ``non-
public'' rooms in the Information Technology (IT) office suite for one
year.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system of records can be retrieved by any category
field, e.g., the individual's name, and/or identifying communications
number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The FCC maintains and disposes of these various telephone, fax,
text, and related electronic transmission service records in this
system in accordance with National Archives and Records Administration
(NARA) General Records Schedule 5.5: ``Mail, Printing,
[[Page 90188]]
and Telecommunication Service Management Records.''
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, files, and data are stored within FCC or a
vendor's accreditation boundaries and maintained in a database housed
in the FCC'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 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).
The paper documents and files, if any, are maintained in file
cabinets in ``non-public'' rooms in the IT office suite. The file
cabinets are locked at the end of the business day. Access to the IT
offices is via a key and card-coded door.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedures
below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest information pertaining to him or her
in the system of records should follow the Notification Procedures
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#f080829986919389b0969393de979f86"><span class="__cf_email__" data-cfemail="7f0f0d16091e1c063f191c1c51181009">[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:
82 FR 13348 (March 10, 2017).
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023-28751 Filed 12-28-23; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on December 29, 2023.
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.