Notice2024-08376
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 19, 2024
Effective
April 19, 2024
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (FCC or Commission or Agency) proposes to modify a system of records, FCC/WCB-6, USAC Customer Relationship Management (CRM), 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 Universal Service Administrative Company (USAC), under the direction of the Commission and, by delegation, of the Commission's Wireline Competition Bureau (WCB), administers the Universal Service Fund (USF) programs and certain programs funded by Congressional appropriations (appropriated programs). This system of records contains information about individuals who are customers, participants, and stakeholders of the programs who submit complaints and requests for assistance to USAC to address issues with their program participation.
Full Text
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<title>Federal Register, Volume 89 Issue 77 (Friday, April 19, 2024)</title>
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[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28774-28777]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08376]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 214886]
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) proposes to modify a system of records, FCC/WCB-6, USAC
Customer Relationship Management (CRM), 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
Universal Service Administrative Company (USAC), under the direction of
the Commission and, by delegation, of the Commission's Wireline
Competition Bureau (WCB), administers the Universal Service Fund (USF)
programs and certain programs funded by Congressional appropriations
(appropriated programs). This system of records contains information
about individuals who are customers, participants, and stakeholders of
the programs who submit complaints and requests for assistance to USAC
to address issues with their program participation.
DATES: Written comments are due on or before May 20, 2024. This action
will become effective on April 19, 2024, except for any new or
significantly modified routine uses, which will become effective May
20, 2024.
ADDRESSES: Universal Service Administrative Company (USAC), 700 12th
Street NW, Suite 900, Washington, DC 20005. Send comments to Brendan
McTaggart, Federal Communications Commission (FCC), 45 L Street NE,
Washington, DC 20554, or to <a href="/cdn-cgi/l/email-protection#afdfddc6d9ceccd6efc9cccc81c8c0d9"><span class="__cf_email__" data-cfemail="6d1d1f041b0c0e142d0b0e0e430a021b">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
<a href="/cdn-cgi/l/email-protection#c4b4b6adb2a5a7bd84a2a7a7eaa3abb2"><span class="__cf_email__" data-cfemail="a3d3d1cad5c2c0dae3c5c0c08dc4ccd5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
WCB-6, USAC Customer Relationship Management (CRM), system of records
as a result of necessary changes and updates. The substantive changes
and modifications to the previously published version of the FCC/WCB-6
system of records include:
1. Updating the Categories of Records to include USAC-assigned
identifying numbers, such as ``Application ID,'' ``Eligibility Check
ID,'' or ``eligibility ID'' numbers;
2. Updating the Authority for Maintenance of the System and
Categories of Records sections to accommodate FCC implementation of the
Safe Connections Act, which, among other things, designates the
Lifeline program to provide emergency communications support to
survivors of domestic violence;
3. Adding a new routine use (1) Customer Relations to permit
disclosure of records to individuals to whom those records pertain;
4. Updating and/or revising language in the following routine uses
(listed by the routine use number provided in this notice): (9) Law
Enforcement and Investigation; and (15) Non-Federal Personnel (formerly
named ``Contract Services, Grants, or Cooperative Agreements'').
The system of records is also revised for clarity and updated to
reflect various administrative changes.
SYSTEM NAME AND NUMBER:
FCC/WCB-6, USAC Customer Relationship Management.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Universal Service Administrative Company (USAC), 700 12th Street
NW, Suite 900, Washington, DC 20005; and Wireline Competition Bureau
(WCB), Federal Communications Commission (FCC), 45 L Street NE,
Washington, DC 20554.
SYSTEM MANAGER(S):
Address inquiries to USAC, 700 12th Street NW, Suite 900,
Washington, DC 20005; or WCB, FCC, 45 L Street NE, Washington, DC
20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 151-154, 201-205, 214, 403; 47 CFR part 54, subpart H;
Safe Connections Act of 2022, Public Law 117-223, 116 Stat. 2280.
PURPOSE(S) OF THE SYSTEM:
USAC administers the programs of the USF (including the Lifeline,
High Cost, Rural Health Care, and E-Rate programs) and certain
appropriated programs including the Affordable Connectivity Program
(ACP), Emergency Connectivity Fund Program (ECF), and the COVID-19
Telehealth Program on behalf of the FCC, as set forth in 47 CFR part
54, under the direction of the Commission and, by delegation, of WCB.
Under the Memorandum of Understanding Between the FCC and USAC (Dec.
19, 2018), as amended (Nov. 22, 2021) and extended (Dec. 19, 2023)
(FCC/USAC MOU),1 USAC is responsible for the effective administration
of the programs, including responding to inquiries from program
participants and providing timely and relevant data and analysis to
inform the Commission in its policy making and oversight of the USF and
appropriated programs. The USAC CRM handles and processes inquiries
from individuals, groups, and other entities, for all of the programs
administered by USAC. The system allows USAC customer service
representatives to access prior related inquiries in order to provide
excellent customer service. It includes a portal to allow customers to
[[Page 28775]]
easily interact with USAC through one channel of communication,
maintaining the ability to view case status, create new cases, and
review closed cases within the same interface. This system of records
includes existing data from the established USF and appropriated
programs administered by USAC. The system can also accommodate data
from any future programs assigned by the FCC to be administered by
USAC. The system allows USAC to retrieve records based on an
individual's information within the system. The CRM system will be
launched in phases on a program by program basis. Phase I currently
includes High Cost, Rural Health Care, and Finance (Contributions)
customer support. Phase II is anticipated to incorporate Lifeline and
the Affordable Connectivity Program for customer support. Phase III
will commence the consumer portal.
This system of records is maintained to provide a unified tool to
enable USAC, on behalf of the FCC, to respond to inquiries from
consumers, participants, and stakeholders in the USF and appropriated
programs; to inform the FCC of concerns regarding the USF and
appropriated programs in support of the agency's policymaking and
enforcement endeavors or otherwise to evaluate the efficiency and
administration of FCC programs and to inform future FCC rulemaking
activity; to provide consumers with access to a unified portal to view
case status, create new cases, and review closed cases; and to provide
USAC staff with access to documents and otherwise improve staff
efficiency.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals in this system include, but are not
limited to, individuals who contact USAC with inquiries concerning USF
and appropriated programs administered by USAC on behalf of the FCC.
These individuals include, but are not limited to, individuals and
representatives of individuals who participate in these programs;
individuals making inquiries on behalf of program participants and
stakeholders; and employees of USAC, USAC's vendors, and the FCC.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the system collected by design include
first and last name, telephone number, email address, and user ID
numbers; service representative names and ID numbers; USAC-assigned
identifying numbers, such as Application ID, Eligibility Check ID, or
eligibility ID numbers; and the name of the organization associated
with the individual. Examples for organization names include but are
not limited to carrier and school names. Customers or customer
representatives may provide data elements that have not been
specifically requested, including date of birth, home address, place of
birth, gender, work address, taxpayer ID numbers, facsimile numbers,
Social Security numbers (SSNs), mother's maiden name, information
contained in birth, death, or marriage certificates, financial account
numbers, employment status, employer identification numbers (EINs), and
a driver's licenses or State ID (or foreign country equivalent). This
system of records also includes existing data from the established USF
and appropriated programs administered by USAC.
RECORD SOURCE CATEGORIES:
Information systems for established USF and appropriated programs
administered by USAC; participants in USF and appropriated programs;
participating providers and their registered enrollment
representatives; and USAC employees or contractors or FCC employees or
contractors.
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. Customer Relations--To the individual to whom a record pertains
in order to respond to inquiries about that individual's participation
in USF and appropriated programs or otherwise assist that individual.
2. Program Management--To USAC employees to conduct official duties
associated with the administration of FCC programs or the management,
operation, and oversight of the CRM, as directed by the Commission.
3. Third Party Contractors--To an employee of a third-party
contractor engaged by USAC or a participating provider, or to a
subcontractor engaged by a third-party contractor, engaged by USAC, to,
among other things, develop the CRM, respond to inquiries concerning
USF and appropriated programs, run call center and email support
operations, assist in dispute resolution, and develop, test, and
operate the database system and network.
4. Service Providers--To service providers, and their registered
representatives, only such information that may be required to help
resolve a consumer complaint or dispute.
5. State, Tribal, or Local Governmental Agencies and Other
Authorized Governmental Entities--To State, Tribal, or local government
agencies and other authorized governmental entities, including public
utility commissions, only such information that may be required to help
resolve a consumer complaint or dispute.
6. FCC Enforcement Actions--When a record in this system involves
an informal complaint filed alleging a violation of the Communications
Act of 1934, as amended, 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.
7. 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.
8. Government-Wide Program Management and Oversight--To the
Department of Justice (DOJ) to obtain that department's advice
regarding disclosure obligations under the Freedom of Information Act
(FOIA); or the Office of Management and Budget (OMB) to obtain that
office's advice regarding obligations under the Privacy Act.
9. 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 and determines that a record in this system,
either alone or in conjunction with other information, indicates a
violation or potential violation of law, regulation, policy, consent
decree, order, or other compulsory obligation, the FCC may disclose
pertinent information as it deems necessary to the target of an
investigation, as well as with the appropriate Federal (including the
[[Page 28776]]
Internal Revenue Service to investigate income eligibility
verification), 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 compulsory obligation.
10. Litigation--To disclose the 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.
11. Adjudication--To disclose the 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.
12. Breach Notification--To appropriate agencies, entities
(including USAC), 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.
13. Assistance to Federal Agencies and Entities Related to
Breaches--To another Federal agency or 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.
14. Prevention of Fraud, Waste, and Abuse Disclosure--To Federal
agencies, or to an instrumentality of any governmental jurisdiction
within or under the control of the United States (including any State,
Tribal, or local governmental agency), and their employees and agents
(including contractors, their agents or employees; employees or
contractors of the agents or designated agents); or contractors, their
employees or agents with whom the FCC or USAC has a contract, service
agreement, cooperative agreement, or computer matching agreement for
the purpose of: (1) detection, prevention, and recovery of improper
payments; (2) detection and prevention of fraud, waste, and abuse in
Federal programs administered by a Federal agency or non-Federal
entity; (3) detection of fraud, waste, and abuse by individuals in
their operations and programs, but only to the extent that the
information shared is necessary and relevant to verify pre-award and
prepayment requirements prior to the release of Federal funds, prevent
and recover improper payments for services rendered under programs of
the FCC or of those Federal agencies and non-Federal entities to which
the FCC or USAC provides information under this routine use.
15. Non-Federal Personnel--To disclose information to non-Federal
personnel, including FCC or USAC contractors, other vendors (e.g.,
identity verification services), grantees, or volunteers who have been
engaged to assist the FCC or USAC in the performance of a contract
service, grant, cooperative agreement, or other activity related to
this system of records that has not been otherwise identified in this
Notice and who need to have access to the records in order to perform
their activity.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The information pertaining to the CRM includes electronic records,
files, data, records, and may include audio recordings of calls.
Records are maintained in secure, limited access areas. Physical entry
by unauthorized persons is restricted through use of locks, passwords,
and other security measures. Both USAC and its contractors will jointly
manage the electronic data housed at USAC and contractors will have
access to the data at their locations.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in the CRM system of records may be retrieved by
various identifiers, including, but not limited to the individual's
name, or identification number. USAC employees and contractors
information can also be retrieved through identifiers including first
or last name, title, email address, and username.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Data from USF programs contained in the CRM system are maintained
and disposed of in accordance with the National Archives and Records
Administration (NARA) Records Schedule DAA-0173-2017-0001. ACP records
are maintained and disposed of in accordance with NARA Records Schedule
DAA-0173-2021-0022, Emergency Broadband Benefit Program (EBB Program)/
Affordable Connectivity Program (ACP). Records related to the Connected
Care Pilot Program/COVID-19 Telehealth Program are maintained and
disposed of in accordance with NARA Records Schedule DAA-0173-2020-
0006.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, data, and files are maintained in the FCC
and the USAC computer network databases, which are protected by the
FCC's and USAC's privacy safeguards, a comprehensive and dynamic set of
IT safety and security protocols and features that are designed to meet
all Federal IT privacy standards, including those required by OMB, the
National Institute of Standard and Technology (NIST) and the Federal
Information Security Modernization Act of 2014 (FISMA). In addition,
access to the electronic files is restricted to authorized USAC and
contractors' supervisors and staff, to the FCC's supervisors and staff
in WCB, and to the IT contractors who maintain these computer
databases. Other FCC employees and contractors may be granted access
only on a ``need-to-know'' basis. In addition, data in USAC's network
servers which are accessible by USAC's contractors will be routinely
backed-up. The servers will be stored in secured environments to
protect the data.
The paper documents and files are maintained in file cabinets in
USAC and the contractors' office suites. The file cabinets are locked
when not in use and
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at the end of the business day. Access to these files is restricted to
authorized USAC and its contractors' staffs.
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 request an amendment of records about
themselves 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 Federal
Communications Commission (FCC), 45 L Street NE, Washington, DC 20554,
or to <a href="/cdn-cgi/l/email-protection#87f7f5eef1e6e4fec7e1e4e4a9e0e8f1"><span class="__cf_email__" data-cfemail="59292b302f383a20193f3a3a773e362f">[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 the records (47 CFR part 0, subpart E).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
88 FR 19138 (March 30, 2023) and 88 FR 23672 (April 18, 2023)
(correction).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-08376 Filed 4-18-24; 8:45 am]
BILLING CODE 6712-01-P
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