Notice2024-23214
Privacy Act; 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
October 8, 2024
Effective
October 8, 2024
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
<html>
<head>
<title>Federal Register, Volume 89 Issue 195 (Tuesday, October 8, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81527-81529]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23214]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 248825]
Privacy Act; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
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 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 October
8, 2024. Written comments on the routine uses are due by November 7,
2024. The routine uses in this action will become effective on November
7, 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#d9a9abb0afb8baa099bfbabaf7beb6af"><span class="__cf_email__" data-cfemail="dbaba9b2adbab8a29bbdb8b8f5bcb4ad">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
<a href="/cdn-cgi/l/email-protection#5727253e2136342e1731343479303821"><span class="__cf_email__" data-cfemail="1e6e6c77687f7d675e787d7d30797168">[email 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 December
19, 2023 (88 FR 87774).
The substantive changes and modifications to the previously
published version of the FCC/OS-1 system of records include:
1. Updating the Authority, Purposes, Categories of Individuals, and
Categories of Records to include the submission of responses to audits
of the Equal Employment Opportunity (EEO) programs of multi-channel
video program distributors (MVPDs) (including complainants and, via the
annual EEO Public File Reports submitted therewith, recruitment and
referral sources).
2. Updating Routine Use (5) Law Enforcement and Investigation, and
making minor clerical edits to other routine uses, to maintain
consistency with recently published FCC SORNs.
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(S):
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, 154, and 554; and sections 504
and 508 of the Rehabilitation Act, 29 U.S.C. 794.
PURPOSE(S) 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 FCC Enforcement Bureau also uses ECFS to
collect and process responses to audits of the EEO programs of MVPDs to
enforce compliance with the Commission's EEO requirements. 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, informing future rule and policy-
making activity, and improving 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 and 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, as well as individuals (including EEO complainants
and, via the annual EEO Public File Reports submitted therewith,
recruitment and referral sources) identified in responses
[[Page 81528]]
to audits of the EEO programs of MVPDs.
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, EEO audit responses as well as the annual EEO Public File
Reports submitted therein by MVPDs, and records submitted by the FCC's
administrative law staff into ECFS 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--Records may be disclosed 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.
4. Adjudication--Records may be disclosed 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--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, 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.
6. Congressional Inquiries--Information may be disclosed 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--Information
may be disclosed 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--Records may be disclosed 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--Records may be disclosed 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--Information may be disclosed 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.
[[Page 81529]]
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#6f1f1d06190e0c162f090c0c41080019"><span class="__cf_email__" data-cfemail="eb9b99829d8a8892ab8d8888c58c849d">[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:
88 FR 87774 (December 19, 2023).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-23214 Filed 10-7-24; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 8, 2024.
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.