Notice2024-08378
Privacy Act of 1974; System of Records
Primary source
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Published
April 19, 2024
Effective
April 19, 2024
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (FCC or Commission or Agency) is modifying an existing system of records, FCC/WCB-1, Lifeline Program, 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 Lifeline Program (or "Lifeline") provides discounts for one Lifeline Program voice service per household and/or broadband internet access service (BIAS) to qualifying low- income individuals. Individuals may qualify for Lifeline through proof of income or participation in another qualifying program. Since the enactment of the Telecommunications Act of 1996 (1996 Act), the Lifeline Program has been administered by the Universal Service Administrative Company (USAC) under the direction of the Commission and, by delegation, of the Commission's Wireline Competition Bureau (WCB). This system of records contains information about individuals who have started an application online or applied to participate in the Lifeline Program, respondents to consumer surveys related to the Lifeline program, and enrollment representatives. The modifications described in this notice will allow USAC to maintain and administer this system in a manner that promotes efficiency and minimizes waste, fraud, and abuse.
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 28777-28780]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08378]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 214884]
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) is modifying an existing system of records, FCC/WCB-1, Lifeline
Program, 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 Lifeline Program (or ``Lifeline'')
provides discounts for one Lifeline Program voice service per household
and/or broadband internet access service (BIAS) to qualifying low-
income individuals. Individuals may qualify for Lifeline through proof
of income or participation in another qualifying program. Since the
enactment of the Telecommunications Act of 1996 (1996 Act), the
Lifeline Program has been administered by the Universal Service
Administrative Company (USAC) under the direction of the Commission
and, by delegation, of the Commission's Wireline Competition Bureau
(WCB). This system of records contains information about individuals
who have started an application online or applied to participate in the
Lifeline Program, respondents to consumer surveys related to the
Lifeline program, and enrollment representatives. The modifications
described in this notice will allow USAC to maintain and administer
this system in a manner that promotes efficiency and minimizes waste,
fraud, and abuse.
DATES: This modified system of records will become effective on April
19, 2024. Written comments on the routine uses are due by May 20, 2024.
The routine uses in this action will become effective on May 20, 2024
unless comments are received that require a contrary determination.
ADDRESSES: 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#09797b607f686a70496f6a6a276e667f"><span class="__cf_email__" data-cfemail="5121233827303228113732327f363e27">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
<a href="/cdn-cgi/l/email-protection#a5d5d7ccd3c4c6dce5c3c6c68bc2cad3"><span class="__cf_email__" data-cfemail="a3d3d1cad5c2c0dae3c5c0c08dc4ccd5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This notice modifies FCC/WCB-1, Lifeline
Program 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-1 system of records include:
1. Updating the Authority for Maintenance of the System, Purposes
of the System, Categories of Individuals, and Categories of Records
sections to accommodate FCC implementation of the Safe Connections Act
(SCA), that, among other things, designates the Lifeline program to
provide emergency communications support to survivors, as that term is
defined in the SCA and FCC regulations or orders;
2. Updating the Categories of Records to include identifying
numbers assigned by USAC to applicants and or subscribers, such as
``Application ID,'' ``Eligibility Check ID,'' or ``eligibility ID''
numbers;
3. Adding one new routine use (listed by the routine use number
provided in this notice): (2) Application, Enrollment, and
Recertification;
4. Updating and/or revising language in the following routine uses
(listed by the routine use number provided in this notice): (14) Law
Enforcement and Investigation; (15) Litigation and (16) Adjudication
(formerly a single routine use); and (21) 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 related to the system managers
and system addresses; policies and practices for storage, retrieval,
and retention of the information; administrative, technical, and
physical safeguards; and updated notification, records access, and
contesting records procedures.
SYSTEM NAME AND NUMBER:
FCC/WCB-1, Lifeline Program.
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):
USAC administers the Lifeline Program for the FCC. Address
inquiries to the Universal Service Administrative Company (USAC), 700
12th Street NW, Suite 900, Washington, DC 20005; or Wireline
Competition Bureau (WCB), 45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 151-154, 201-205, 214, 254, 403; 47 CFR 54.400-54.424;
Safe Connections Act of 2022, Public Law 117-223, 116 Stat. 2280.
PURPOSE(S) OF THE SYSTEM:
The Lifeline Program provides discounts for one Lifeline voice
service and/or BIAS per household, and the initial connection charge in
certain Tribal areas to support such service, to qualifying low-income
individuals, including survivors eligible to receive emergency
communications support. Individuals may qualify for Lifeline through
proof of income, proof of participation in another qualifying program,
or proof of the need for emergency communications support for
survivors, including documentation of financial hardship as defined in
FCC regulations and orders. The Lifeline Program system of records is
maintained to determine whether the applicant meets the eligibility
requirements for
[[Page 28778]]
initial enrollment and recertification, including the limit of one
benefit per household; program administration; dispute resolution;
monitoring of enrollment representatives; and, consumer surveys.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals in this system include those
individuals residing in a single household who have applied for
benefits; are currently receiving benefits; are individuals who enable
another individual in their household to qualify for benefits; are
minors whose status qualifies a parent or guardian for benefits; are
individuals who have received benefits under the Lifeline Program; are
survivors seeking emergency communications support and, as required,
their alleged abusers; are individuals that respond to a consumer
survey developed using information in this system; and are individuals
acting as enrollment representatives and providing information directly
or indirectly into USAC's Lifeline Systems on behalf of an ETC to
enroll subscribers, recertify subscribers, or update subscriber
information in the Lifeline Program.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the system include first and last name
of the applicant, subscriber, other household members, survivor,
alleged abuser, caregiver, or consumer survey participant; date of
birth; last four digits of Social Security Number or a full Tribal
identification number; residential address; descriptive address;
address based on geographic coordinates (geolocation); internet
Protocol (IP) address; contact information; evidence of residence on
Tribal lands; qualifying program participation; financial information;
username and password; account security questions and answers; Lifeline
subscriber identification number; assigned Representative ID Number;
Lifeline participation status; amount of benefit received; documents
demonstrating eligibility; documents showing only one benefit is
received per household; voice recordings; USAC-assigned identifying
numbers, such as Application ID, Eligibility Check ID, or eligibility
ID numbers; for survivors seeking emergency communications support,
documentation related to the submission of a legitimate line separation
request to a telecommunications provider and documentation or
certification of financial hardship (such as income self-certification
or documentation related to receipt of Pell Grants or qualification for
federal nutrition programs); and signatures.
For ETC enrollment representatives who register to access the
National Verifier or National Lifeline Accountability Database the
following information may be collected: first and last name, date of
birth, the last four digits of his or her social security number, email
address, residential address, or other identity proof documentation.
RECORD SOURCE CATEGORIES:
The sources for the information in the Lifeline Program system of
records include ETCs and their registered enrollment representatives;
applicants; consumer survey respondents; State, Tribal, and Federal
databases; and, third-party identity verifiers.
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. Program Management--To USAC employees to conduct official duties
associated with the management, operation, and oversight of the
Lifeline Program, NLAD, National Verifier, Lifeline Claims System, and
Representative Accountability Database, as directed by the Commission.
2. Application, Enrollment, and Recertification--To facilitate the
Lifeline application, enrollment, or recertification processes,
including for survivors seeking or receiving communications support,
records from this system may be disclosed to the individual who
originally submitted the records, to the individual applicant to whom
the records pertain, or to an authorized representative, entity, or
organization supporting the individual in the application, enrollment,
or recertification process.
3. Third Party Contractors--To an employee of a third-party
contractor, or subcontractor of the third- party contractor, engaged by
USAC or an ETC to, among other things, develop the Lifeline Eligibility
Database, conduct the eligibility verification process, recertification
process, run call center and email support operations, and assist in
dispute resolution.
4. Business Process Outsourcing (BPO) Entity--To an employee of the
BPO engaged by USAC or an employee of a third-party contractor engaged
by the BPO to perform and review eligibility evaluations where the
National Verifier conducts such processes for purposes of conducting
the eligibility verification process or recertification process,
performing manual eligibility verification (when needed), run call
center and email support operations, and to assist in dispute
resolution.
5. State Agencies and Other Authorized State Government Entities--
To designated State agencies and other authorized governmental
entities, including State public utility commissions, State departments
of health and human services or other State entities that share data
with USAC or the FCC, and their agents, as is consistent with
applicable Federal and State laws, for purposes of eligibility
verification and recertification; administering the Lifeline Program on
behalf of ETCs in that State; performing other management and oversight
duties and responsibilities; enabling the National Verifier to perform
eligibility verification for individuals applying for or re-certifying
for Lifeline support; enabling the State to perform eligibility
verification for individuals applying for or re-certifying for Lifeline
support; providing enrollment and other selected reports to the State;
comparing information contained in the National Lifeline Accountability
Database (NLAD) and Lifeline eligibility, recertification, and related
systems to information contained in state databases associated with
State- administered Lifeline Programs in order to assess differences
between State and Federal programs and make adjustments.
6. Social Service Agencies and Other Approved Third Parties--To
social service agencies and other third parties that have been approved
by USAC for purposes of assisting individuals in applying for and
recertifying for Lifeline support.
7. Federal Agencies--To other Federal agencies for the development
of and operation under data sharing agreements with USAC or the FCC to
enable the National Verifier to perform eligibility verification or
recertification for individuals applying for Lifeline support or
another federal program using Lifeline qualification as an eligibility
criterion.
8. Tribal Nations--To Tribal Nations to perform eligibility
verification or recertification for individuals applying
[[Page 28779]]
for Lifeline support, to provide enrollment and other selected reports
to Tribal Nations, and for purposes of assisting individuals in
applying for and recertifying for Lifeline support.
9. Service Providers--To service providers and their registered
representatives in states or territories where the National Verifier is
operating where the service provider is using the carrier eligibility
and status check Application Programming Interface (API) to initiate
Lifeline applications and eligibility checks and complete benefit
transfer requests. To service providers who have been designated as
ETCs to facilitate the provision of service, allow for the service
provider to receive reimbursement through the Lifeline Program, to
provide information to the relevant ETC about an ETC representative
whose account has been disabled for cause, and provide enrollment and
other selected reports to service providers.
10. 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.
11. 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.
12. 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.
13. Other Federal Program Eligibility--To disclose an individual's
Lifeline participation or qualification status to a Federal agency or
contractor when a federal program administered by the agency or its
contractor uses qualification for Lifeline as an eligibility criterion.
14. 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
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.
15. Litigation--To disclose records to 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.
16. 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.
17. 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.
18. Assistance to Federal Agencies and Entities Related to
Breaches--To another Federal agency or Federal entity or USAC, 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.
19. Computer Matching Program Disclosure--To Federal, State, and
local agencies, and USAC, their employees, and agents for the purpose
of developing and conducting computer matching programs as regulated by
the Privacy Act of 1974, as amended (5 U.S.C. 552a).
20. Prevention of Fraud, Waste, and Abuse Disclosure--To Federal
agencies, non-Federal entities, 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.
21. 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
[[Page 28780]]
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.
22. Consumer Survey Development and Execution--To contractors,
grantees, experts, consultants and their agents, or others performing
or working under a contract service, grant, or cooperative agreement
with the FCC or USAC, when necessary to develop and conduct consumer
surveys as described in this system of records. Individuals who are
provided information under these routine use conditions are subject to
Privacy Act requirements and disclosure limitations imposed on the
Commission.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The information pertaining to the Lifeline Program includes
electronic records, files, data, paper documents, 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 at the contractors' locations. Paper
documents and other physical records (i.e., tapes, compact discs, etc.)
will be kept in locked, controlled access areas. Paper documents
submitted by applicants to the Lifeline Program will be digitized, and
paper copies will be immediately destroyed.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in the Lifeline Program system of records may be
retrieved by various identifiers, including, but not limited to the
individual's name, last four digits of the Social Security Number
(SSN), Tribal identification number, date of birth, phone number,
residential address, and Lifeline subscriber identification 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)
Records Schedule DAA-0173-2017-0001-0002 (Universal Service).
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 privacy safeguards, a comprehensive and dynamic set of safety and
security protocols and features that are designed to meet all Federal
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 and to the FCC's IT supervisors and staff 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 the network servers for both USAC
and its 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 at the end of the business day. Access to these
files is restricted to authorized USAC and its contractors' staffs.
RECORDS 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 an 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#2555574c5344465c654346460b424a53"><span class="__cf_email__" data-cfemail="a2d2d0cbd4c3c1dbe2c4c1c18cc5cdd4">[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:
86 FR 11526 (Feb. 25, 2021).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-08378 Filed 4-18-24; 8:45 am]
BILLING CODE 6712-01-P
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