Notice2024-24892
Privacy Act of 1974; System of Records
Primary source
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Published
October 25, 2024
Effective
October 25, 2024
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (FCC, Commission, or Agency) has modified an existing system of records, FCC/OET-1, Experimental Licensing System (ELS) (formerly "Experimental Radio Station License Files"), 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 Engineering and Technology (OET) uses the information in this system to determine: (a) an applicant's eligibility to operate a station in the experimental radio service; (b) the interference potential to other radio services; and/or (c) the permissibility of the applicant's proposed operations under section 5.3 of the Commission's rules.
Full Text
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<title>Federal Register, Volume 89 Issue 207 (Friday, October 25, 2024)</title>
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[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85205-85207]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24892]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 256494]
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, Commission, or
Agency) has modified an existing system of records, FCC/OET-1,
Experimental Licensing System (ELS) (formerly ``Experimental Radio
Station License Files''), 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
Engineering and Technology (OET) uses the information in this system to
determine: (a) an applicant's eligibility to operate a station in the
experimental radio service; (b) the interference potential to other
radio services; and/or (c) the permissibility of the applicant's
proposed operations under section 5.3 of the Commission's rules.
DATES: This modified system of records will become effective on October
25, 2024. Written comments on the routine uses are due by November 25,
2024. The routine uses in this action will become effective on November
25, 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#d5a5a7bca3b4b6ac95b3b6b6fbb2baa3"><span class="__cf_email__" data-cfemail="19696b706f787a60597f7a7a377e766f">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
<a href="/cdn-cgi/l/email-protection#48383a213e292b31082e2b2b662f273e"><span class="__cf_email__" data-cfemail="4535372c3324263c052326266b222a33">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OET-1 as a result of various necessary changes and updates. The
substantive changes and modifications to the previously published
version of the FCC/OET-1 system of records include:
[[Page 85206]]
1. Renaming the system of records ``Experimental Licensing System
(ELS),'' which is the name of the Commission's electronic filing system
for licensing for the Experimental Radio service;
2. Updating language in the Authority, Categories of Individuals,
Categories of Records, and Record Source Categories to document
additional relevant authority, involvement of public commenters, and
the current names of forms used by the Commission;
3. Adding one new routine use, (2) NTIA, to permit disclosures to
the National Telecommunications and Information Administration (NTIA)
for the purpose of coordinating spectrum use; and
4. Updating and/or revising language in five routine uses (listed
by the routine use number provided in this notice: (3) Litigation and
(4) Adjudication (now two separate routine uses); (5) Law Enforcement
and Investigation; (7) Government-wide Program Management and
Oversight; and (10) Non-Federal Personnel.
The system of records is also 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/OET-1, Experimental Licensing System (ELS).
SECURITY CLASSIFICATION:
No information in ELS is classified. Experimental license
applications that contain classified material are treated in a
bifurcated manner, with unclassified data filed in ELS, and the
classified portion filed with the FCC's Security Operations Staff and
processed consistent with the FCC's security regulations. The material
filed with the Security Operations Staff is maintained separately from
and does not become part of ELS.
SYSTEM LOCATION:
OET, FCC, 45 L Street NE, Washington, DC 20554.
SYSTEM MANAGER(S):
Experimental Licensing Branch, OET, FCC, 45 L Street NE,
Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 301, 303, 307, 308.
PURPOSE(S) OF THE SYSTEM:
FCC staff use the information in this system to determine (a) a
license applicant's eligibility to operate a station in the
experimental radio service; (b) the interference potential to other
radio services; and/or (c) the permissibility of the applicant's
proposed operations under section 5.3 of the Commission's rules. The
system also permits the FCC to collect and maintain information
necessary for FCC staff to perform key activities, including analyzing
the effectiveness and efficiency of FCC programs and informing rule-
making and policy-making activities.
CATEGORIES OF INDIVDUALS COVERED BY THE SYSTEM:
The categories of individuals in this system include individuals
who have themselves, or who are associated with entities that have,
applied for or have been granted a license to operate an experimental
radio station under 47 CFR part 5 of the Commission's rules; and
individuals who have themselves, or who are associated with entities
that have, contested applications for licenses, transfers, assignments,
and construction, or petitioned to deny or to cancel applicants on
behalf of other parties.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include:
1. These FCC Forms, any supporting exhibits or documents submitted
by the applicant(s) and/or licensee(s), and related documentation: (a)
FCC Form 159 Remittance Advice and FCC Form 159-C Continuation Sheet;
(b) FCC Form 405, Application for Renewal of Radio Station License in
Specified Services; (c) FCC Form 442, Application for New or Modified
Radio Station Authorization Under Part 5 of FCC Rules--Experimental
Radio Service (Other than Broadcast); (d) FCC Form 702, Application for
Consent to Assign an Experimental Authorization; (e) FCC Form 703,
Application for Consent to Transfer Control of Corporation Holding
Station License; and (f) Special Temporary Authority (STA) under 47 CFR
5.61 of the Commission's rules.
2. Personally identifiable information (PII) included in
experimental project reports submitted by the applicant(s) and/or
licensee(s) as required by 47 CFR part 5 of the Commission's rules,
including name, mailing address, email address(es), and telephone
number(s).
3. Information included in comments from other FCC bureaus/offices
and the National Telecommunications and Information Administration
(NTIA) on frequency interference potential, coordination of
operation(s), validity of a project or experiment, and use of a project
or experiment in rulemakings.
4. Contested applications for licenses, transfers, assignments, and
construction, or petitions to deny or to cancel applicants on behalf of
other parties.
RECORD SOURCE CATEGORIES:
The sources of information in this system of records are applicants
and licensees, who provide the information on one or more FCC forms,
special temporary authorities (STAs), and/or any supporting exhibits
submitted by the applicants and/or licensees or other related
documentation; individuals who have contested applications for
licenses, transfers, assignments, and construction, or petitioned to
deny or to cancel applicants on behalf of other parties; and FCC bureau
and office staff and NTIA staff generating relevant data during the
normal processing of the application.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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--Information from this system is posted at:
<a href="https://www.fcc.gov/els">https://www.fcc.gov/els</a> for public inspection, in response to a
request, and in connection with new experimentation. The information
will not be disclosed if a request that the information be given
confidential treatment is pending or has been granted under 47 CFR
0.459.
2. NTIA--Records from this system may be shared with the National
Telecommunications and Information Administration (NTIA) for purposes
of coordinating spectrum use that could affect federal government
spectrum bands and their assigned users.
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
[[Page 85207]]
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--Records may be provided to a
Congressional office in response to an inquiry made at the written
request of the individual to whom the records pertain.
7. Government-wide Program Management and Oversight--Records 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 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.
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--Records 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 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:
Electronic records in this system reside on the FCC or a vendor's
network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records can be retrieved by, among other things, the licensee name.
If there is more than one station per licensee, then the files may be
also retrieved by call sign. Scanned images, electronic records of data
elements, and electronic copies of licenses may be retrieved from the
OET Experimental Licensing Branch Report electronic filing and
reporting website using various search fields, including name and call
sign, at: <a href="https://apps.fcc.gov/els">https://apps.fcc.gov/els</a>.
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-0173-2016-0003, Experimental Licensing System
(ELS).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
OET makes all records available to the public at: <a href="https://www.fcc.gov/els">https://www.fcc.gov/els</a>, except files that have been submitted in compliance
with the confidentiality request requirement of 47 CFR 0.459. When not
publicly available, 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), the Office of Management and Budget
(OMB), and the National Institute of Standards and Technology (NIST).
RECORDS 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 to
<a href="/cdn-cgi/l/email-protection#e191938897808298a1878282cf868e97"><span class="__cf_email__" data-cfemail="acdcdec5dacdcfd5eccacfcf82cbc3da">[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:
84 FR 27115 (June 11, 2019).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-24892 Filed 10-24-24; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on October 25, 2024.
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