Privacy Act Systems of Records, 17234-17274 [06-3082]
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Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices
FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act Systems of Records
Federal Communications
Commission (FCC).
ACTION: Notice; update of the FCC’s
Privacy Act systems of records.
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AGENCY:
SUMMARY: Pursuant to the provisions of
the Privacy Act of 1974, as amended, 5
U.S.C. 552a(e)(4) and OMB Circular A–
130, the FCC has conducted required
reviews of its systems of records and is
publishing this notice regarding its
proposal to introduce ten new systems
of records, delete four old systems of
records, and revise twenty-four systems
of records.
DATES: Any interested person may
submit written comments concerning
the systems of records on or before May
5, 2006. The Office of Management and
Budget (OMB), which has oversight
responsibility under the Privacy Act to
review the systems of records, may
submit comments on or before May 15,
2006. The proposed systems of records
will be effective on May 15, 2006 unless
the FCC receives comments that require
a contrary determination. The
Commission will publish a document in
the Federal Register notifying the
public if any changes are necessary.
ADDRESSES: Address comments to Les
Smith, Office of Managing Director,
Room 1–A804, Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554, or via the
Internet at Leslie.Smith@fcc.gov.
Comments can also be sent to the Kristy
LaLonde, Policy Analyst, Office of
Information and Regulatory Affairs,
Office of Management and Budget, New
Executive Office Building, 725 17th
Street, NW., Washington, DC 20503, or
via the Internet at
Kristy_L._LaLonde@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Les
Smith, Office of Managing Director,
Room 1–A804, Federal Communications
Commission (FCC), 445 12th Street,
SW., Washington, DC 20554, (202) 418–
0217, or via the Internet at
Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: In
accordance with the Privacy Act of
1974, the FCC has conducted a review
of its Privacy Act systems of records and
has determined that it needs to
introduce ten new systems of records, to
delete four systems of records that are
out-of-date, and to revise 24 systems of
records. The Commission previously
published one or more of the FCC’s
systems of records at various times.
These publications may be viewed at
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19:09 Apr 04, 2006
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the FCC’s Privacy Act Web page: https://
www.fcc.gov/omd/privacyact/recordssystems.html. With this notice, the
Commission is publishing the complete
text of all of its systems notices but two
to provide a current, easily accessible
compilation. Information about the
reasons for these proposed changes is
noted below:
NEW—ten new systems of records are
proposed to cover information that the
FCC has begun to collect and maintain
since the FCC last published its
inventory of systems of records. The
proposed new systems of records are:
FCC/CGB–2: Comment Filing System;
FCC/EB–3: Investigations and Hearings;
FCC/EB–4: Crisis Management Contacts;
FCC/OCBO–1: Small Business Contacts List;
FCC/OET–2: Equipment Authorization
Records and Files;
FCC/OMD–11: Continuity of Operations Plan
(COOP);
FCC/OMD–12: Integrated Library System
(ILS) Records;
FCC/OMD–13: Data Quality Comments;
FCC/OMD–22: Equipment Loan Records; and
FCC/OWD–1: Reasonable Accommodation
Requests.
REVISED—the other twenty-four
systems of records are in need of
revision. There are five types of
revisions: (1) Generalized edits to make
all of the FCC’s systems of records easier
to read and understand through
consistent style, formatting, and manner
of presentation; (2) improved
compliance with 5 U.S.C. 552a(e)(1) by
listing only statutes and Executive
Orders in the ‘‘Authorities’’ section of
each system of records; (3) renumbered
and/or renamed systems of records to
enhance consistency and ease of
understanding; (4) elaboration of the
FCC’s routine uses by including even
occasional routine uses; and (5)
additions or deletions to the substantive
core of the system of records.
In terms of which of these revision
types apply:
(a) All 24 systems of records (FCC/
EB–1; FCC/OET–1; FCC/OGC–3, 5, and
6; FCC/OIG–1 and 2; FCC/OMD–2, 3, 6,
7, 9, and 14 through 21; and FCC/WTB–
1, 5, 6, and 7) were impacted by the
general editorial and consistency
revisions described by revision types 1
and 2 above;
(b) Thirteen of the 24 systems of
records were renumbered or renamed
(type 3 revisions). Eight of 12 were
renumbered (FCC/OMD–14 through 21)
due to the elimination of the FCC/
Central numbering scheme. Five
systems of records (FCC/OGC–3 and 5;
FCC/OMD–2 and 6; and FCC/WTB–6)
were renamed to bring greater clarity to
the content of the system of records;
(c) Sixteen of the 24 systems of
records were revised to include
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additional occasional routine uses. The
systems of records that underwent this
type 4 revision were FCC/EB–1; FCC/
OET–1; FCC/OGC–3, 5, and 6; FCC/
OIG–1 and 2; FCC/OMD–2, 3, 6, 7, 9, 15,
17, 19, and 21; and FCC/WTB–1;
(d) Eleven of the 24 systems of records
received substantive, core changes to
either provide information missing in
previous versions of the system of
records (FCC/EB–1 and FCC/OMD–3),
revise the list of places at which the
information is maintained (FCC/OMD–3
and 7), revise the types of information
covered by the system of records (FCC/
OMD–6 and 20), or to revise the
purposes of the system of records (FCC/
OMD–7, 9, 15, 17, and 18).
DELETED—four systems of records
are proposed for deletion for the
following reasons:
FCC/Central-5: Drug-Free Federal
Workplace Program (duplicates OPM/
GOVT–10);
FCC/EB–2: State and Operational Areas
Emergency Commissions Committee
Membership (duplicative of FCC/
OMD–3);
FCC/OGC–2: Attorney Misconduct Files
(no longer maintained); and
FCC/OMD–8: Revenue Accounting
Management Information System
(‘‘RAMIS’’) (information from this
system of records was combined with
the revised FCC/OMD–6).
The FCC has created a set of
standardized routine uses that updates
and eliminates the variations in
language that had characterized the
routine uses that were used previously
in the systems of records. These
routines uses are as follows:
• Adjudication and Litigation—where
by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
• Committee communication and
reporting—a record in this system may
be used to distribute information to
members of each committee for
purposes of conducting meetings and
general committee business or to
prepare reports on the membership and
work of the committee;
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Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices
• Compliance with Welfare Reform
requirements—Names, Social Security
Numbers, home addresses, dates of
birth, dates of hire, quarterly earnings,
employer identifying information, and
state of hire of employees may be
disclosed to the Office of Child Support
Enforcement, Administration for
Children and Families, Department of
Health and Human Services for the
purposes of locating individuals to
establish paternity, establishing and
modifying orders of child support,
identifying sources of income, and for
other child support enforcement actions
as required by the Personal
Responsibility and Work Opportunity
Reconciliation Act;
• Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
• Emergency response—A record on
an individual in this system of records
may be disclosed to emergency medical
personnel, e.g., doctors, nurses, and/or
paramedics, or to law enforcement
officials in case of a medical or other
emergency involving the FCC employee
without the subsequent notification to
the individual identified in 5 U.S.C.
552a (b)(8);
• Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local, or foreign agency
maintaining civil, criminal, or other
relevant enforcement records, or other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant or other benefit;
• Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by other than the
agency—disclosure may be made to a
Federal, State, local, foreign, tribal, or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
records if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
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Federal agency for criminal, civil,
administrative, personnel or regulatory
action;
• Enforcement—when a record in this
system involves an informal complaint
filed against telecommunications
providers, the complaint may be
forwarded to the defendant provider for
a response, pursuant to Section 208 of
the Communications Act of 1934, as
amended and other applicable rules.
When an order or other Commissionissued document that includes
consideration of informal complaints
filed against telecommunications
providers is entered by the FCC to
implement or to enforce the
Communications Act, pertinent rule,
regulation, or order of the FCC, the
complainant’s name may be made
public in that order or document. Where
a complainant in filing his or her
complaint explicitly requests that the
FCC withhold his or her name from
public disclosure, such a request will be
granted and the complainant’s name
will not be disclosed in the
Commission-issued order or document.
• Financial obligations under the
Debt Collection Acts—a record from this
system may be disclosed to other
Federal agencies for the purpose of
collecting and reporting on delinquent
debts as authorized by the Debt
Collection Act of 1982 or the Debt
Collection Improvement Act of 1996. A
record from this system may be
disclosed to any Federal, state, or local
agency to conduct an authorized
computer matching program in
compliance with the Privacy Act of
1974, as amended, to identify and locate
individuals who are delinquent in their
repayment of certain debts owed to the
U.S. Government. A record from this
system may be used to prepare
information on items considered income
for taxation purposes to be disclosed to
Federal, state, and local governments;
• Financial Obligations as required by
the National Finance Center et al.—
when the National Finance Center (the
FCC’s designated payroll office), the
Department of the Treasury Debt
Management Services, and/or a current
employer to effect a salary, IRS tax
refund, or administrative offset to satisfy
an indebtedness; and to Federal
agencies to identify and locate former
employees for the purposes of collecting
such indebtedness, including through
administrative, salary, or tax refund
offsets. Identifying and locating former
employees, and the subsequent referral
to such agencies for offset purposes,
may be accomplished through
authorized computer matching
programs. Disclosures will be made only
when all procedural steps established
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by the Debt Collection Act of 1982 and
the Debt Collection Improvement Act of
1996 or the Computer Matching and
Privacy Protection Act of 1988 as
appropriate, have been taken;
• First Responders—a record from
this system of records may be disclosed
to law enforcement officials,
Department of Homeland Security
(DHS), Federal Emergency Management
Agency (FEMA), Department of Defense
(DOD), National Telecommunications
and Information Administration (NTIA),
White House Communications Agency,
other federal agencies, and state and
local emergency response officials, e.g.,
fire, safety, and rescue personnel, etc.,
and medical personnel, e.g., doctors,
nurses, and paramedics, etc., in case of
an emergency situation at FCC facilities
without the subsequent notification to
the individual identified in 5 U.S.C.
552a(b)(8);
• Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
• Labor Relations—A record from this
system may be disclosed 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.
• Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
• Program partner—when
information is disclosed to the
Washington Metropolitan Area Transit
Authority (WMATA) in connection
employees participating in their
SmarTrip program (https://
www.wmata.com/riding/smartrip.cfm);
and The FCC is unable to craft
standardized language for the Public
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Access routine uses, which are
employed in several systems of records.
This is because the diversity of
circumstances for Public Access
disclosures in CGB–2, EB–1, OET–1,
OET–2, OGC–5, OGC–6, OMD–3, OMD–
6, OMD–9, OMD–13, OMD–17, OMD–
19, WTB–1, WTB–6, and WTB–7, vary
too greatly.
More detailed information on the
proposed new and revised systems of
records may be viewed in the complete
text below.
The FCC also notes that it will
provide two further updates to its
systems of records in the future. First,
prior to the full implementation of
Homeland Security Presidential
Directive-12 (HSPD–12) in October
2006, the Commission will publish the
revised and renamed FCC/Central-10,
Access Control System, to address the
changes related to the implementation
of HSPD–12 requirements to carry out
the plan for a government-wide set of
identification and badging protocols for
all Federal employees, contractors, and
visitors. Second, the Commission will
publish a revised and renamed FCC/
CIB–1, Informal Complaints and
Inquiries, when the upgrades to this
system of records are completed.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
SYSTEM NAME:
Comment Filing System (ECFS).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Chief, Consumer and Governmental
Affairs Bureau, Room 5–C758, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554 and
1270 Fairfield Road, Gettysburg, PA
17325.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who have filed comments
relative to Federal Communications
Commission (FCC) rulemakings and
docketed proceedings or other matters
arising under the Communications Act
of 1934, as amended, and the
Rehabilitation Act.
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CATEGORIES OF RECORDS IN THE SYSTEM:
1. Comments received by the FCC,
whether electronically through the
Electronic Comment Filing System
(ECFS), via the Internet, e-mail, mailed,
or delivered by paper copy. This
includes information provided via FCC
Forms 475 and 501.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. Chapter 36; 47 U.S.C. 151
and 154; and Sections 504 and 508 of
the Rehabilitation Act, 29 U.S.C. 794 et
al.
PURPOSE(S):
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 its 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. Such a system also allows
staff access to documents and improves
staff efficiency. Records in this system
are available for public inspection.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
FCC/CGB–2
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2. The system also contains 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 arising out
of the conduct of administrative
proceedings.
Additionally, information about
individuals in this system of records
may routinely be disclosed under the
following conditions:
1. Public Access—under the rules of
the Commission, public comments on
rulemakings are routinely available to
the public—unless confidentiality is
requested (47 CFR 0.459)—via either the
Commission’s electronic comment filing
system (ECFS) at https://www.fcc.gov/
cgb/ecfs/ or the public Reference
Information Center (RIC) at https://
www.fcc.gov/cgb/ric.html;
2. Enforcement—when a record in
this system involves an informal
complaint filed against
telecommunications providers, the
complaint may be forwarded to the
defendant provider for a response,
pursuant to Section 208 of the
Communications Act of 1934, as
amended, and other applicable rules.
When an order or other Commissionissued document that includes
consideration of informal complaints
filed against telecommunications
providers is entered by the FCC to
implement or to enforce the
Communications Act, pertinent rule,
regulation, or order of the FCC, the
complainant’s name may be made
public in that order or document. Where
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a complainant in filing his or her
complaint explicitly requests that the
FCC withhold his or her name from
public disclosure, such a request will be
granted and the complainant’s name
will not be disclosed in the
Commission-issued order or document;
3. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
4. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to an FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
5. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
6. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper copies of records in this system
of records are maintained in file folders.
The electronic files are located in
computer databases on the FCC internal
network.
RETRIEVABILITY:
Records are retrieved by individual
name, entity name, rulemaking number,
and/or docket number.
SAFEGUARDS:
Records are available over the Internet
24 hours a day, seven days a week.
Paper copies representing one third of
the records are maintained in the
Reference Information Center (RIC).
Back-up of the data in ECFS is the
responsibility of the FCC’s Information
Technology Center of the Office of
Managing Director and is performed
nightly.
RETENTION AND DISPOSAL:
The retention schedule for this system
of records has not yet been determined.
No records will be destroyed until a
disposal schedule is approved by the
National Archives and Records
Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Reference Information Center,
Consumer and Governmental Affairs
Bureau (CGB), Federal Communications
Commission (FCC), 445 12th Street,
Room CY–B533, SW., Washington, DC
20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Commenters and subject entities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/EB–1
SYSTEM NAME:
Violators File.
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1. Individuals who have been subjects
of Federal Communications
Commission (FCC) field enforcement
actions (monitoring, inspection, and/or
investigation) for violations of radio
law, FCC Rules and Regulations, or
International Treaties; and
2. Licensees, applicants, and
unlicensed persons under parts 80, 87,
90, 94, 95, and 97 of the FCC rules about
whom there are questions of compliance
with the Commission’s rules or the
Communications Act of 1934, as
amended.
CATEGORIES OF RECORDS IN THE SYSTEM:
Inspection reports, complaints,
monitoring reports, investigative cases,
referral memos, correspondence,
discrepancy notifications, warning
notices, and forfeiture actions.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 101, 102, 104, 301, 303,
309(e), 312, 315, 318, 362, 364, 386, 501,
502, 503, 507, and 510.
Records from this system are for:
1. Use in connection with the
Commission’s field enforcement
programs to determine levels of
compliance among radio users; to issue
marine certificates of compliance; to
document Commission monitoring
inspections and investigations for
enforcement purposes; to provide a
basis for various administrative, civil, or
criminal sanction actions taken against
violators by the EB or other appropriate
Commission bureaus or offices; and
2. A cross-reference, which prevents
duplication of enforcement actions, and
tracking the progress of enforcement
cases.
Address inquiries to the system
manager.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Primary: Enforcement Bureau (EB),
Room 7–C732, Federal Communications
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
PURPOSE(S):
RECORD ACCESS PROCEDURES:
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Commission (EB), 445 12th Street, SW.,
Washington, DC 20554.
Secondary: Various field facilities.
See Federal Communication
Commission (FCC) telephone directory
for field office phone numbers. The
directory can be found at https://
www.fcc.gov/fcc-bin/findpeople.pl., or
locate local FCC offices in commercial
telephone directory under ‘‘U.S.
Government.’’ Information about FCC
Field Offices can also be found in 47
CFR 0.121 and 0.401. Field office
mailing addresses can also be found at
https://www.fcc.gov/eb/ddadd.html.
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Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
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1. Public access—copies of FCC
enforcement actions are available for
public inspection via the Internet at
https://www.fcc.gov/eb/, and in the FCC’s
Reference Information Center at https://
www.fcc.gov/cgb/ric.html;
2. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local, or foreign agency
maintaining civil, criminal, or other
relevant enforcement records, other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant or other benefit;
3. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by other than the
agency—disclosure may be made to a
Federal, State, local, foreign, tribal, or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
records if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action;
4. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
5. Law enforcement and
investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
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shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
6. Congressional inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
7. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
Records in this system of records
include both paper and electronic
records.
RETRIEVABILITY:
Records are retrieved primarily by
case number. Under that hierarchy an
individual’s name, address, and other
identifying information can be located.
SAFEGUARDS:
Paper records are maintained in file
folders and stored in a secure area.
Access to files is limited to approved
personnel. The electronic records are
maintained in computer databases,
which are secured through controlled
access and passwords. The databases are
backed-up routinely.
cchase on PROD1PC60 with NOTICES3
RETENTION AND DISPOSAL:
The retention schedule for this system
of records has not yet been determined.
No records will be destroyed until a
disposal schedule is approved by the
National Archives and Records
Administration (NARA).
Office of Management and Resources,
Enforcement Bureau (EB), 7–C732,
Jkt 208001
NOTIFICATION PROCEDURE:
Investigations and Hearings Division,
Enforcement Bureau (EB), Federal
Communications Commission (FCC),
4th Floor, 445 12th Street, SW.,
Washington, DC 20554.
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its notification procedure for
this system of records.
RECORD ACCESS PROCEDURES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record access procedure
for this system of records.
CONTESTING RECORD PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its contesting record
procedure for this system of records.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record sources for this
system of records.
This system of records is exempt from
sections (c)(3), (d), (e)(4)(G), (H), and (I),
and (f) of the Privacy Act of 1974, 5
U.S.C. 552a, and from 47 CFR 0.554—
0.557 of the Commission’s rules. These
provisions concern the notification,
record access, and contesting
procedures described above, and also
the publication of record sources. The
system is exempt from these provisions
because it contains the following types
of information:
1. Investigative material compiled for
law enforcement purposes as defined in
Section (k)(2) of the Privacy Act;
2. Properly classified information,
obtained from another Federal agency
during the course of a personnel
investigation, which pertains to national
defense and foreign policy, as stated in
Section (k)(1) of the Privacy Act; and
3. Investigative material compiled
solely for the purpose of determining
suitability, eligibility, or qualifications
for Federal civilian employment, as
described in Section (k)(5) of the
Privacy Act, as amended.
FCC/EB–3
SYSTEM MANAGER(S) AND ADDRESS:
19:09 Apr 04, 2006
SECURITY CLASSIFICATION:
EXEMPTION FROM CERTAIN PROVISIONS OF THE
ACT:
STORAGE:
VerDate Aug<31>2005
Federal Communications Commission
(FCC), 445 12th Street, SW.,
Washington, DC 20554.
SYSTEM NAME:
PO 00000
Investigations and Hearings.
Frm 00006
Fmt 4701
Sfmt 4703
None.
SYSTEM LOCATION:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who have filed
complaints against Federal
Communications Commission (FCC)
licensees and regulatees.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Records are kept in an electronic
database associated with this system of
records containing only the
complainants’ names.
2. Paper copies of complaints filed
with and maintained by the FCC, may
contain information provided by
complainants (e.g., complainants’
names, addresses, and telephone
numbers). Forms that may be included
in this system of records include FCC
Forms 475, 475B, 485, and 501.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 101, 102, 104, 301, 303,
309(e), 312, 315, 318, 362, 364, 386, 501,
502, 503, 507, and 510.
PURPOSE(S):
The information in the electronic
database is used for tracking the status
of enforcement cases. The information
in the paper files is stored for reference
in enforcement actions.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
2. Law enforcement and
investigation—where there is an
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indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
4. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
RETENTION AND DISPOSAL:
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Unclassified (Non-Public, For Internal
Use Only).
None.
Chief, Enforcement Bureau (EB),
Federal Communications Commission
(FCC), 445 12th Street, SW.,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD SOURCE PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURE:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Complainant and subject entities.
EXEMPTIONS CLAIMS FOR THE SYSTEM:
None.
SYSTEM NAME:
Crisis Management Contacts.
SECURITY CLASSIFICATION:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Information is maintained in the
electronic database and in paper files.
RETRIEVABILITY:
Information in the electronic database
information can be retrieved by the
complainant’s name. Information in the
central files can be retrieved by a unique
case number assigned to each case.
SAFEGUARDS:
Paper records are maintained in file
cabinets that are secured at the end of
each business day. The file cabinets are
located in non-public areas. Access to
information in the computer database is
restricted by use of passwords via
terminals that are located in rooms in
non-public areas. The rooms are secured
outside of business hours. Data resident
on network servers are routinely
backed-up onto magnetic media. Backup
tapes are stored on-site in fireproof safes
and at a secure off-site storage location.
19:09 Apr 04, 2006
Jkt 208001
Information includes FCC Employees,
Federal Government points of contact,
State and Local Government points of
contact, and Communications Industry
points of contact.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information includes FCC Employees,
Federal Government points of contact,
State and Local Government points of
contact, and Communications Industry
points of contact name(s), position title,
business telephone number, business
cellphone number(s), business pagers,
and business address(es), and E-mail
address(es), home telephone number,
personal cellphone number(s), pagers,
and home E-mail address(es) that are
used by FCC crisis incident managers.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order (EO) 12472,
Assignment of National Security and
PO 00000
Frm 00007
Emergency Preparedness
Telecommunications Functions, April 3,
1984; EO 12656, Assignment of
Emergency Preparedness
Responsibilities, November 18, 1988;
Federal Preparedness Circular (FPC) 65,
Federal Executive Branch Continuity of
Operations, June 15, 2004; FPC 66, Test,
Training, and Exercise (TT&E) Program
and COOP, April 30, 2001; FPC 67,
Acquisition for Alternate Facilities for
COOP, April 30, 2001 National Security
Presidential Decision Directive (NSPD)
1, Organization of the National Security
Council System, February 13, 2001;
Presidential Decision Directive (PDD)
67, Enduring Constitutional
Government and Continuity of
Government Operations, October 21,
1998; and Homeland Security
Presidential Directive (PD) 3, March 11,
2002.
PURPOSE(S):
This information allows FCC crisis
incident managers to coordinate crisis
response activities related to the
telecommunications industry and the
functions of the FCC.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM:
FCC/EB–4
Enforcement Bureau (EB), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 7–C732,
Washington, DC 20554.
STORAGE:
cchase on PROD1PC60 with NOTICES3
SYSTEM MANAGER(S) AND ADDRESS:
SYSTEM LOCATION:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
VerDate Aug<31>2005
The retention schedule for this system
of records has not yet been determined.
No records will be destroyed until a
disposal schedule is approved by the
National Archives and Records
Administration (NARA).
17239
Fmt 4701
Sfmt 4703
Including information about
individuals in this system of records
may routinely be disclosed under the
following conditions:
1. First Responders—a record from
this system of records may be disclosed
to law enforcement officials,
Department of Homeland Security
(DHS), Federal Emergency Management
Agency (FEMA), Department of Defense
(DOD), National Telecommunications
and Information Administration (NTIA),
White House Communications Agency,
other Federal agencies, and state and
local emergency response officials, e.g.,
fire, safety, and rescue personnel, etc.,
and medical personnel, e.g., doctors,
nurses, and paramedics, etc., in case of
an emergency situation at FCC facilities
without the subsequent notification to
the individual identified in 5 U.S.C.
552a(b)(8);
2. Law enforcement and
investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
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made to the Congressional office for
their own records; and
4. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
RECORD SOURCE CATEGORIES:
Address inquiries to the system
manager.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OCBO–1
SYSTEM NAME:
Small Business Contacts Database.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Director, Office of Communications
Business Opportunities (OCBO), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 4–A760
Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Information includes small, minority,
and women-owned communications’
business owners and employees, as well
as other individuals who work or
communicate with this segment of the
population.
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Electronic records are maintained in a
network computer database.
CATEGORIES OF RECORDS IN THE SYSTEM:
RETRIEVABILITY:
Records are retrieved by the
individual’s name and/or organization.
Contact information, where available,
such as the individual’s name, phone
number(s), and address(es).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
SAFEGUARDS:
Electronic records are maintained in a
network computer database, which is
secured through controlled access and
password restricted to a limited number
of authorized FCC staff.
RETENTION AND DISPOSAL:
Records kept by the FCC are
maintained and disposed of in
accordance with records schedules
issued by the National Archives and
Records Administration (NARA).
Individuals may request a copy of the
disposition instructions from the FCC
Privacy Act Officer.
Chief, Enforcement Bureau (EB),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 7–
C732, Washington, DC 20554.
Address inquiries to the system
manager.
cchase on PROD1PC60 with NOTICES3
RECORD ACCESS PROCEDURE:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
VerDate Aug<31>2005
19:09 Apr 04, 2006
Jkt 208001
PURPOSE(S):
This system of records serves as a
repository of contact information that
FCC employees use to further the FCC’s
outreach mission to small, women, and
minority-owned businesses.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
SYSTEM MANAGER(S) AND ADDRESS:
NOTIFICATION PROCEDURE:
Sections 151, 152, 155, 257, 303 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 155, 257;
and 5 U.S.C. 602(c) and 609(a)(3).
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
PO 00000
Frm 00008
Fmt 4701
Sfmt 4703
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
2. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
4. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
This is an electronic system of records
that resides on the FCC’s internal
storage servers, which are backed-up
daily.
RETRIEVABILITY:
Records in this system of records can
be retrieved by any category field, e.g.,
first name or zip code.
SAFEGUARDS:
This system of records, which resides
on the FCC’s internal storage servers, is
protected by the FCC’s firewall and
appropriate-level security protocols that
prevent access to the system of records
to all but those needing access to the
same.
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RETENTION AND DISPOSAL:
The retention schedule for this system
of records has not yet been determined.
No records will be destroyed until a
disposal schedule is approved by the
National Archives and Records
Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Allan K. Manuel, Chief of Staff, Office
of Communications Business
Opportunities (OCBO), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 4–A665,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to system manager.
RECORD ACCESS PROCEDURES:
Address inquiries to system manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to system manager.
RECORD SOURCE CATEGORIES:
Information provided to the FCC by
individuals and gathered during the
course of outreach activities.
None.
FCC/OET–1
SYSTEM NAME:
Experimental Radio Station License
Files.
SECURITY CLASSIFICATION:
There is no specific security
classification for this system; however,
data or records within the system may
have national defense/foreign policy
classifications up through secret.
SYSTEM LOCATION:
Office of Engineering and Technology
(OET), Federal Communications
Commission, 445 12th Street, SW.,
Room 7–A303, Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Those who have been granted a
license to operate an experimental radio
station under Part 5 of the Federal
Communications Commission’s (FCC)
rules.
cchase on PROD1PC60 with NOTICES3
CATEGORIES OF RECORDS IN THE SYSTEM:
1. This system includes the following
FCC Forms, any supporting exhibits
submitted by the applicant(s), and
related documentation:
(a) FCC Form 442, Application for a
New or Modified Station;
(b) FCC Form 405, Application for
Renewal of Station License;
(c) FCC Form 702, Application for
Consent to Assignment of Radio Station
Construction Authorization or License;
19:09 Apr 04, 2006
Jkt 208001
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 308.
PURPOSE(S):
FCC employees use these records to
determine:
1. An applicant’s eligibility to operate
a station in the experimental radio
service;
2. Interference potential to other radio
services within the Commission; and
3. If the project or experimentation is
valid, as well as the possible use in
rulemakings.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
VerDate Aug<31>2005
(d) FCC Form 703, Application for
Consent to Transfer Control of
Corporation Holding Station License;
and
(e) Any supporting exhibits submitted
by the applicant(s).
2. This system of records may include
experimental project reports submitted
by the applicant as required by FCC
rules, part 5.
3. The system also includes comments
from other Commission bureaus on
interference potential of operation.
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Public Access—information from
this system may be disclosed to other
FCC bureaus, Federal agencies, or to the
public, in response to a request, in
connection with new experimentation
being conducted and the impact that
this experimentation may have on the
public. The information may not be
disclosed if it is not routinely available
for public inspection under 47 CFR
0.457(d)(1)(ii) of the Commission’s
rules, or a request that the information
be given confidential treatment is
pending or has been granted under 47
CFR 0.459.
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
PO 00000
Frm 00009
Fmt 4701
Sfmt 4703
17241
3. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information in this system of records
includes paper records maintained in
file folders, electronically scanned
images of paper records, electronic
records of data elements of both paper
filed and electronically filed
applications, and electronic copies of
licenses granted after November 16,
1998. Per 47 CFR 5.55(b) all
applications for experimental licensing
must be filed electronically via the
Internet.
RETRIEVABILITY:
Paper files are retrieved by license
name. If there is more than one station
per licensee, then the files may also be
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 Reports World Wide
Web electronic filing and reporting site
at https://gullfoss2.fcc.gov/prod/oet/cf/
els/index.cfm.
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SAFEGUARDS:
All files are available to the public
except files not routinely available for
public inspection as defined in 47 CFR
0.457(d)(1)(ii) and files that have been
submitted in compliance with the
confidentiality request requirements of
47 CFR 0.459. Files not routinely
available and files pending or granted
confidentiality are marked ‘‘NOT FOR
PUBLIC INSPECTION’’ and may only be
accessed by FCC employees who have a
need to know the information. Data
resident on network servers are backedup routinely onto magnetic media.
These back-up tapes are stored both onsite and in secured off-site storage
locations.
RETENTION AND DISPOSAL:
These records are maintained for two
years after expiration of the license.
They are then disposed by shredding.
Electronic records are destroyed
physically (electronic storage media) or
by electronic erasure.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Experimental Licensing
Branch, Office of Engineering and
Technology (OET), Federal
Communications Commission, 445 12th
Street, SW., Room 7–A267, Washington,
DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORDS ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
The majority of information in these
records comes from individual
applicants. Other information comes
from coordination with other FCC
bureaus and from data that are
generated with the Spectrum
Coordination Branch during the normal
processing of the application.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OET–2
SYSTEM NAME:
cchase on PROD1PC60 with NOTICES3
Equipment Authorization Records
and Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of Engineering and Technology
(OET), Laboratory Division, Federal
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19:09 Apr 04, 2006
Jkt 208001
Communications Commission (FCC),
7435 Oakland Mills Road, Columbia,
MD 21046.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who have applied for or
been granted an authorization to market
equipment using the RF spectrum, in
accordance with Part 2 of the Federal
Communications Commission’s (FCC)
rules.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. This system includes the following
FCC Forms, any supporting exhibits
submitted by the applicant(s), and
related documentation:
(a) FCC Form 731, Application for
Equipment Authorization;
(b) Any supporting exhibits submitted
by the applicant(s).
2. This system of records may include
test reports and other supporting
documentation that demonstrates
compliance with the technical rules for
licensed transmitters and unlicensed
devices as required by FCC Rules, parts
15 and 18.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 308.
PURPOSE(S):
These records are used to make a
determination of compliance of
equipment proposed for marketing with
the administrative and technical
requirements of the FCC as they relate
to equipment using the RF spectrum;
and to determine the interference
potential of equipment proposed for
marketing to equipment operating in
both the licensed and unlicensed radio
services.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Public access—information from
this system on granted equipment
authorizations may be disclosed to the
public if it is routinely available for
public inspection under 47 CFR
0.457(d)(1)(ii) and a request has not
been made or granted to give the
information confidential treatment
under 47 CFR 0.459. Pending equipment
authorization requests are specifically
excluded from disclosure prior to the
effective date of the authorization, as
specified in 0.457(d)(1)(ii).
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
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the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to an FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each case the FCC will determine
whether disclosure of the records is
compatible with the purpose for which
the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The equipment authorization database
is the repository for all electronically
filed applications for equipment
authorization and associated
information. Per 47 CFR 2.913(a), all
applications for equipment
authorization must be filed
electronically via the Internet.
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RETRIEVABILITY:
SYSTEM LOCATION:
Scanned images, electronic records of
data elements, and electronic copies of
granted licenses may be retrieved from
the OET Equipment Authorization
Electronic Filing World Wide Web site
at https://gullfoss2.fcc.gov/prod/oet/cf/
eas/index.cfm by clicking on the desired
link in the Reports section on the left
hand side of the page.
Office of General Counsel (OGC),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 8–
C743, Washington, DC 20554.
SAFEGUARDS:
All files are available to the public
except files not routinely made publicly
available under 47 CFR 0.457 or those
where a request for confidentiality is
pending or has been granted under 47
CFR 0.459. Files which are not routinely
made publicly available and those with
a pending or granted request for
confidentiality may only be accessed by
Commission employees who have a
need to know the information. Data
resident on the database server at the
OET Laboratory are backed-up routinely
onto magnetic media. Back-up tapes are
stored on-site and at the FCC
Headquarters location.
RETENTION AND DISPOSAL:
The retention schedule for this system
of records has not yet been determined.
No records will be destroyed until a
disposal schedule is approved by the
National Archives and Records
Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Laboratory Division, Office of
Engineering and Technology (OET),
Federal Communications Commission
(FCC), 7435 Oakland Mills Road,
Columbia, MD 21046.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORDS ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Information supplied by individuals
wishing to receive equipment
authorization.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
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FCC/OGC–3
SYSTEM NAME:
Adjudication of Internal Complaints
against Employees.
SECURITY CLASSIFICATION:
None.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Any Federal Communications
Commission (FCC) employee who is the
subject of a complaint investigation
involving internal personnel actions or
activities, i.e., discrimination, grievance,
political activity, separation, or adverse
action.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records involve internal personnel
disputes that have reached the hearing
stage, and may include correspondence,
memoranda, transcripts of hearings,
briefs, pleadings, investigative reports,
and decisions of hearing examiners and
Commissioners.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301.
PURPOSE(S):
These records are used by staff
attorneys in the General Counsel’s office
in settlement negotiations with
opposing parties; records are also used
in preparation for hearings before an
administrative body or a court of
appropriate jurisdiction.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
2. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
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17243
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
4. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
5. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local, or foreign agency
maintaining civil, criminal, or other
relevant enforcement records, or other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant or other benefit;
6. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by other than the
agency—disclosure may be made to a
Federal, State, local, foreign, tribal, or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
records if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action; and
7. Labor Relations—A record from
this system may be disclosed to officials
of labor organizations recognized under
5 U.S.C. Chapter 71 upon receipt of a
formal request and in accord with the
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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. In
each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are retrieved by the name of
the subject individual in the
investigation.
SAFEGUARDS:
Records are maintained in file
cabinets in an office that is secured at
the end of each business day. Since only
one or two staff persons routinely access
this record system, unauthorized
examination during business hours
would be easily detected.
RETENTION AND DISPOSAL:
Records are kept for five years after
the closure of each case. They are then
shredded.
SYSTEM MANAGER(S) AND ADDRESS:
Office of General Counsel (OGC),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 8–
C743, Washington, DC 20554.
NOTIFICATION PROCESS:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURE:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURE:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
cchase on PROD1PC60 with NOTICES3
Claimants, co-workers of subject
individual, other supervisors,
classification experts, and other persons
involved in the case.
SYSTEM NAME:
Pending Civil Cases.
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Office of General Counsel (OGC),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 8–
C743, Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Letters, memoranda, pleadings, briefs,
and bankruptcy papers.
RETRIEVABILITY:
FCC/OGC–5
SYSTEM LOCATION:
CATEGORIES OF RECORDS IN THE SYSTEM:
The information is stored in file
folders.
None.
None.
Any individual who has a
miscellaneous case involving the
Federal Communications Commission
(FCC) before any District Court, before
any Court of Appeals, and before the
Supreme Court.
None.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
SECURITY CLASSIFICATION:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 401 and 402.
PURPOSE(S):
Information in this system of records
is used by Commission attorneys to
update information or furnish
additional data for the Government
agency handling the case.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Public access—the records
contained in this system are available
for public inspection to the extent that
they do not contain information usually
exempt from mandatory disclosure
under Exemption 5 of the FOIA, 5
U.S.C. 552(b)(5).
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
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Fmt 4701
Sfmt 4703
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information in this system of records
consists of paper records that are stored
in file folders.
RETRIEVABILITY:
Records are retrieved by the name of
the individual filing the claim.
SAFEGUARDS:
Records are maintained in file
cabinets that are secured at the end of
each business day.
RETENTION AND DISPOSAL:
The records are destroyed by
shredding when no longer needed or
after five years, whichever occurs first.
SYSTEM MANAGER(S) AND ADDRESS:
Office of General Counsel (OGC),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 8–
C743, Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURE:
Address inquiries to the system
manager.
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CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Justice Department: U.S. Attorneys;
other Federal agencies: U.S. District
Courts; and parties to the proceedings.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OGC–6
SYSTEM NAME:
Private or Civil Injury Claimants.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of General Counsel (OGC),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 8–
C743, Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Any individual who files a damage
claim against the Federal
Communications Commission (FCC) or
commits a tort against a FCC employee.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information in this system of records
includes accident reports, tort claim
vouchers, correspondence, memoranda,
medical and payment receipts, repair
and payment receipts, and pictures.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
28 U.S.C. 2672.
PURPOSE(S):
Information in these records is used
by attorneys in the Office of General
Counsel to determine whether a damage
claim filed against the FCC should be
paid and for reference purposes when
similar cases arise. If it is determined
that the claim should not be paid or if
the FCC cannot make the final
determination whether or not to pay a
claim, the record is routinely transferred
to the appropriate agency charged with
the responsibility of disposition.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Public access—the records
contained in this system are available
for public inspection to the extent that
they do not contain information usually
exempt from mandatory disclosure
under Exemption 5 of the FOIA, 5
U.S.C. 552(b)(5).
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2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information is stored in file folders.
RETRIEVABILITY:
Records are retrieved by the name of
the individual who filed the claim.
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17245
SAFEGUARDS:
Records are kept in a file cabinet that
is locked at the end of each business
day. Since only one or two office
persons routinely access this system,
unauthorized examination during
business hours would be easily
detected.
RETENTION AND DISPOSAL:
Records are destroyed by shredding
five years after the closure of the case.
SYSTEM MANAGER(S) AND ADDRESS:
Office of General Counsel (OGC),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 8–
C743, Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURE:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Witnesses: Office of General Counsel;
Office of Managing Director: claimants;
and employees.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OIG–1
SYSTEM NAME:
Criminal Investigative Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of Inspector General (OIG),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room
2–C762, Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THIS
SYSTEM:
Records on individuals, including
present and former Federal
Communications Commission (FCC)
employees, who are or have been the
subjects of criminal investigations
conducted by the Office of Inspector
General (OIG).
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Case files developed during
investigations of known or alleged
fraud, waste, and abuse, or other
irregularities or violations of criminal
laws and regulations;
2. Case files related to programs and
operations administered or financed by
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the FCC, including contractors and
others doing business with the FCC;
3. Investigative files relating to FCC
employees’ hotline complaints and
other miscellaneous complaint files; and
4. Investigative reports and related
documents, such as correspondence,
notes, attachments, and working papers.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inspector General Act of 1978, as
amended by Public Law 100–504,
October 18, 1988.
PURPOSE(S):
This system of records maintains
information needed to:
1. Document investigations designed
to prevent or detect fraud, waste, or
abuse;
2. Conduct and supervise audits and
investigations relating to programs and
operations in the Commission; and
3. Inform the Chairman about
problems and deficiencies in the FCC’s
programs and operations or to suggest
corrective action in reference to
identified irregularities, problems, or
deficiencies.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
2. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional Inquiries—when
requested by a Congressional office in
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Jkt 208001
response to an inquiry by an individual
made to the Congressional office for
their own records; and
4. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information is contained in paper
records maintained in file folders or in
an automated electronic database
maintained on computer diskettes or on
a computer network.
RETRIEVABILITY:
SW., Room 2–C762, Washington, DC
20554.
NOTIFICATION PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its notification procedure for
this system of records.
RECORD ACCESS PROCEDURES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record access procedures
for this system of records.
CONTESTING RECORD PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its contesting record
procedures for this system of records.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record sources for this
system of records.
EXEMPTION FROM CERTAIN PROVISIONS OF THE
ACT:
The retention schedule for this system
of records has not yet been determined.
No records will be destroyed until a
disposal schedule is approved by the
National Archives and Records
Administration (NARA).
This system of records is exempt from
sections (c)(3), (d), (e)(4)(G), (H), and (I),
and (f) of the Privacy Act of 1974, 5
U.S.C. 552a, and from 47 CFR 0.554–
0.557 of the Commission’s rules. These
provisions concern the notification,
record access, and contesting
procedures described above, and also
the publication of record sources. The
system is exempt from these provisions
because it contains the following types
of information:
1. Investigative material compiled for
law enforcement purposes as defined in
Section (k)(2) of the Privacy Act;
2. Properly classified information,
obtained from another Federal agency
during the course of a personnel
investigation, which pertains to national
defense and foreign policy, as stated in
Section (k)(1) of the Privacy Act; and
3. Investigative material compiled
solely for the purpose of determining
suitability, eligibility, or qualifications
for Federal civilian employment, as
described in Section (k)(5) of the
Privacy Act, as amended.
SYSTEM MANAGER(S) AND ADDRESS:
FCC/OIG–2
Inspector General, Office of Inspector
General (OIG), Federal Communications
Commission (FCC), 445 12th Street,
SYSTEM NAME:
Records are filed alphabetically by
name of the subject of the investigation
or by a unique file number assigned to
each investigation.
SAFEGUARDS:
Paper and diskette records are kept in
locked file cabinets that are further
secured at the end of each business day.
Limited access to these records is
permitted by those persons whose
official duties require such access; thus,
unauthorized examination during
business hours would be easily
detected. Data resident on network
servers are backed-up routinely onto
magnetic media. Back-up tapes are
securely stored on-site and at an off-site
storage location.
RETENTION AND DISPOSAL:
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General Investigative Files.
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SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of Inspector General (OIG),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 2–
C762, Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THIS
SYSTEM:
Information on individuals, including
present and former Federal
Communications Commission (FCC)
employees, who are or have been the
subjects of general investigations
conducted by the Office of the Inspector
General (OIG) relating to allegations
raised pertaining to fraud, waste, and
abuse with respect to programs and
operations of the Commission.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Case files developed during
investigations of known or alleged
fraud, waste, and abuse, or other
irregularities or violations of laws and
regulations;
2. Case files related to programs and
operations administered or financed by
the FCC, including contractors and
others doing business with the FCC;
3. Investigative files related to FCC
employee’s hotline complaints, and
other miscellaneous complaint files; and
4. Investigative reports and related
documents, which may include such
information as correspondence, notes,
attachments, and working papers.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inspector General Act of 1978, as
amended by P.L. 100–504, October 18,
1988.
PURPOSE(S):
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These records are collected and
maintained for the purposes of:
1. Preventing or detecting waste,
fraud, or abuse;
2. Conducting and supervising audits
and investigations relating to programs
and operations;
3. Informing the Chairman about
problems and deficiencies in the
Commission’s programs and operations;
or
4. Suggesting corrective action in
reference to identified irregularities,
problems, or deficiencies the FCC’s
Inspector General establishes in this
system of records.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
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1. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
2. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
4. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information is contained in paper
records maintained in file folders or in
an automated electronic database
maintained on computer diskettes or on
a computer network.
PO 00000
Frm 00015
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17247
RETRIEVABILITY:
Records are filed alphabetically by
name of subject of the investigation or
by a unique file number assigned to
each investigation.
SAFEGUARDS:
Paper and diskette records are kept in
locked file cabinets that are secured at
the end of each business day. Limited
access of these records is permitted by
those persons whose official duties
require such access; thus, unauthorized
examination during business hours
would be easily detected. Data resident
on network servers are backed-up daily
to magnetic media. One week’s worth of
back-up tapes is stored on-site in
fireproof safes. Each week, the previous
week’s backup tapes are sent to an offsite storage location. A maximum of ten
week’s tapes are kept and cycled in this
fashion.
RETENTION AND DISPOSAL:
The retention schedule for this system
of records has not yet been determined.
No records will be destroyed until a
disposal schedule is approved by the
National Archives and Records
Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Inspector General, Office of Inspector
General (OIG), Federal Communications
Commission, 445 12th Street, SW.,
Room 2–C762, Washington, DC.
NOTIFICATION PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its notification procedures for
this system of records.
RECORD ACCESS PROCEDURES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record access procedures
for this system of records.
CONTESTING RECORD PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its contesting record
procedures for this system of records.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record sources for this
system of records.
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EXEMPTION FROM CERTAIN PROVISIONS OF THE
ACT:
This system of records is exempt from
sections (c)(3), (d), (e)(4)(G), (H), and (I),
and (f) of the Privacy Act of 1974, 5
U.S.C. 552a, and from 47 CFR 0.554–
0.557 of the Commission’s rules. These
provisions concern the notification,
record access, and contesting
procedures described above, and also
the publication of record sources. The
system is exempt from these provisions
because it contains the following types
of information:
1. Investigative material compiled for
law enforcement purposes as defined in
Section (k)(2) of the Privacy Act;
2. Properly classified information,
obtained from another Federal agency
during the course of a personnel
investigation, which pertains to national
defense and foreign policy, as stated in
Section (k)(1) of the Privacy Act; and
3. Investigative material compiled
solely for the purpose of determining
suitability, eligibility, or qualifications
for Federal civilian employment, as
described in Section (k)(5) of the
Privacy Act, as amended.
FCC/OMD–2
SYSTEM NAME:
Labor Relations and Employee
Performance Files
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Human Resources Management
(HRM), Office of Managing Director
(OMD), Federal Communications
Commission (FCC), 445 12th Street,
SW., Room 1–B104, Washington, DC
20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former Federal
Communications Commission (FCC)
employees.
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CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains a variety of
records relating to formal and informal
actions based on conduct or
performance and also includes files
dealing with grievances filed under the
negotiated or administrative grievance
procedures, requests for
reconsideration, arbitrations, appeals,
and miscellaneous inquiries and
complaints. These records may include:
1. Case number, employee name,
Social Security Number, grade, job title,
and employment history; and
2. Copies of notices of proposed
actions; materials relied on by the
agency to support the proposed action;
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statements of witnesses; employee
responses or appeals; transcripts; and
agency decisions.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 35, 43, 61, 63, 71, 73, 75, and
77.
PURPOSE(S):
These records provide a method by
which the FCC can maintain
appropriate information on Commission
employees for purposes such as
litigation, law enforcement,
congressional inquiries, labor
organization inquiries, and governmentwide program oversight.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USE:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
2. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
4. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
PO 00000
Frm 00016
Fmt 4701
Sfmt 4703
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act;
5. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local, or foreign agency
maintaining civil, criminal, or other
relevant enforcement records, or other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant, or other benefit;
6. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by other than the
agency—disclosure may be made to a
Federal, State, local, foreign, tribal, or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
records if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action; and
7. Labor Relations—a record from this
system may be disclosed 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. In
each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
(OMD), Federal Communications
Commission (FCC), 445 12th Street,
SW., Room 1–B104, Washington, DC
20554.
STORAGE:
These records are maintained in file
folders.
RETRIEVABILITY:
These records are retrieved
preliminarily by case number. An
examination of case logs will disclose
the name of an employee associated
with a case number.
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
These records are maintained in
secured metal filing cabinets to which
only authorized personnel have access.
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RETENTION AND DISPOSAL:
Records in the following categories
are disposed of at the end of the first
fiscal year following completion of the
fiscal year in which the action was
taken:
1. Informal actions based on conduct
or performance;
2. Oral admonishments confirmed in
writing; and
3. Written reprimands.
Records pertaining to the following
are disposed of at the end of the third
fiscal year following completing of the
fiscal year in which the action was
taken:
1. Grievances processed under the
negotiated or administrative grievance
procedures;
2. Appeals;
3. Request for restoration of annual
leave; and
4. Requests for admission to the
agency’s leave transfer program.
Records pertaining to the following
matters are disposed of at the end of the
fourth fiscal year following completion
of the fiscal year in which the action
was taken:
1. Within-grade increase denials/
postponements;
2. Suspensions, removals, furloughs
taken under authority of 5 U.S.C.
chapters 35 and 75; and
3. Requests for reconsideration/
review.
Records pertaining to the following
matters are disposed of at the end of the
fifth fiscal year following completion of
the fiscal year in which the action was
taken:
1. Removals, demotions, and
reassignments based on unacceptable
performance;
2. Arbitrations; and
3. Unfair labor practices.
Disposal is by shredding or burning.
Human Resources Management
(HRM), Office of Managing Director
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Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
SAFEGUARDS:
SYSTEM MANAGER(S) AND ADDRESS:
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Information in this system of records
is provided by an individual on whom
the record is maintained; testimony of
witnesses; supervisors and managers;
union officials; and arbitrators and other
third-parties, e.g., Department of Labor,
Federal Labor Relations Authority, and
Merit System Protection Board.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OMD–3
SYSTEM NAME:
Federal Advisory Committee
Membership File (FACA).
17249
of Engineering and Technology; 202–
418–1096).
f. North American Numbering Council
(NANC): Designated Federal Officer
(DFO: Wireline Competition Bureau;
202–418–0792).
g. Technological Advisory Council
(TAC): Designated Federal Officer (DFO:
Office of Engineering and Technology;
202–418–1096).
h. Katrina Independent Panel
(Independent Panel): Designated Federal
Officer (DFO: Enforcement Bureau; 202–
418–7452).
CATEGORIES OF INDIVIDUALS COVERED BY THIS
SYSTEM:
Individuals who are members of
Federal Advisory Committees sponsored
or co-sponsored by the Federal
Communications Commission (FCC).
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Individual advisory committee
members’ names, business addresses, email addresses, business telephone
numbers, and occupations or titles are
kept with the members’ respective
advisory committee.
2. Copies or original financial
disclosure forms (OGE–450), whenever
they are necessary to be filed by
committee members.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
SECURITY CLASSIFICATION:
Federal Advisory Committee Act (5
U.S.C., Appendix).
None.
SYSTEM LOCATION:
PURPOSE(S):
1. General Files: Associate Managing
Director—PERM, Office of Managing
Director, Federal Communications
Commission, 445 12th Street, SW.,
Room 1–C848, Washington, DC 20554.
2. Financial Disclosure Files: Office of
General Counsel (OGC), 202–418–1712.
3. Committee-Specific Files: Files
with more specific information are kept
in the offices of the following
Designated Federal Officials (DFO):
a. Advisory Committee for the 2007
World Radiocommunication Conference
(WRC–2007): Designated Federal Officer
(DFO: International Bureau; (202–418–
7501).
b. Advisory Committee on Diversity
for Communications in the Digital Age
(Diversity): Designated Federal Officer
(DFO: Vacant).
c. Consumer Advisory Committee
(CAC): Designated Federal Officer (DFO:
Consumer and Governmental Affairs
Bureau; 202–418–2809).
d. Media Security and Reliability
Council (MSRC): Designated Federal
Officer (DFO: Media Bureau; 202–418–
1600).
e. Network Reliability and
Interoperability Council (NRIC):
Designated Federal Officer (DFO: Office
This system of records is maintained
in order to have current contact
information about the members of the
FCC’s Federal Advisory Committees so
that the FCC can communicate
effectively and promptly with these
individuals. The information in this
system of records may also be used to
complete mandatory reports to the
Congress and GSA about Federal
Advisory Committee matters. Finally,
the information in this system of records
may also be used by FCC employees to
ensure compliance with all ethical and
conflict-of-interest requirements
relevant to the members of the FCC’s
Federal Advisory Committees.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Committee communication and
reporting—a record in this system may
be used to distribute information to
members of each committee for
purposes of conducting meetings and
general committee business or to
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prepare reports on the membership and
work of the committee;
2. Public Access—the public can
access information about the FCC, and
all other, Federal Advisory Committees
with the searchable database found on
the Government Service
Administration’s Web site at https://
www.gsa.gov/Portal/gsa/ep/content
View.do?P=MC&content
Id=14451&contentType=GSA_BASIC;
3. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
4. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
5. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
6. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
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DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
OMD–6
SYSTEM NAME:
Financial Accounting Systems (FAS).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
SECURITY CLASSIFICATION:
STORAGE:
SYSTEM LOCATION:
Paper records are maintained in file
folders. Electronic data are stored on
computer diskettes or in the FCC’s
computer database system.
RETRIEVABILITY:
Records are grouped primarily by
name of committee or subcommittee.
Under this filing hierarchy, records can
then be retrieved by name of committee
member.
SAFEGUARDS:
Paper records are maintained in file
cabinets, which are locked at the end of
each business day. Electronic data are
stored on computer diskettes in locked
cabinets in offices, which are locked at
the end of the business day, or in the
FCC’s computer database system, which
is secured by passwords that are
available only to authorized personnel
whose duties require access.
RETENTION AND DISPOSAL:
Records are retained for six years
following the dissolution of the
Committee and then destroyed by
shredding. Electronic records are
destroyed physically (electronic storage
media) or by electronic erasure.
SYSTEM MANAGER(S) AND ADDRESS:
Associate Managing Director—PERM,
Office of Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 1–
C848, Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Information provided by Committee
members; developed as the result of the
work of the Committees; and Designated
Federal Officer (DFO) reporting on
Committee membership and activities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
PO 00000
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Frm 00018
Fmt 4701
Sfmt 4703
None.
Financial Operations Center,
Associate Managing Director Financial
Operations (AMD-FO), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 1–A663,
Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Information from all Federal
Communications Commission (FCC)
databases that provide financial
accounting data. These databases
include, but are not limited to, the
FCC’s older Revenue Accounting
Management Information System
(RAMIS) and the newer Federal
Financial System (FFS). The data
include information on:
1. Individuals making payments to
cover forfeitures assessed, fees
collected, services rendered, and direct
loans; refunds for incorrect payments or
overpayments (including application
processing fees, travel advances,
advanced sick leave, and advanced
annual leave);
2. Individuals receiving payments for
services rendered and reimbursement of
expenses incurred on FCC business, e.g.,
travel costs;
3. Billing and collection of bad
checks; and
4. Miscellaneous monies received by
the Commission (including
reimbursement authorized under the
Travel Reimbursement Program covered
by the government-wide systems of
records: GSA/GOVT–3 and GSA/GOVT–
4).
CATEGORIES OF RECORDS IN THE SYSTEM:
Record categories include:
individual’s name, Social Security
Numbers (SSN), Individual Taxpayer
Information Numbers (ITIN), FCC
Registration Numbers (FRN), telephone
numbers, addresses of individuals,
records of services rendered, loan
payment information, forfeitures
assessed and collected, amounts, dates,
check numbers, bank deposit
information, transaction type
information, United States Treasury
deposit numbers, and information
substantiating fees collected, refunds
issued, and interest, penalties, and
administrative charges assessed to
individuals. Forms associated with this
system of records are FCC Forms 159,
159-W, and 1070.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. Chapter 57; 31 U.S.C.
3302(e); 44 U.S.C. 3101, 3102, and 3309;
the Debt Collection Act as amended by
the Debt Collection Improvement Act of
1996; Section 639 of the Consolidated
Appropriations Act of 2005 (P.L. 108–
447) 31 U.S.C. 3302(e); Federal
Financial Management Improvement
Act of 1996; Chief Financial Officers Act
of 1990; Federal Managers Financial
Integrity Act of 1982; and Executive
Order 9397.
PURPOSE(S):
These records are used:
1. To account for all monies paid and
received by the FCC from the public and
refunded to the public;
2. To compute vouchers to determine
amounts claimed and reimbursed; and
3. To account for all advances given
to employees.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Public access—when using the
automated reporting tools of Fee Filer
and the Red Light Display System,
individuals conducting business with
the FCC can—using their FCC
Registration Number and a password—
access their own records in the
Financial Accounting Systems to
determine what fees they owe;
2. Financial obligations under the
Debt Collection Acts—a record from this
system may be disclosed to other
Federal agencies for the purpose of
collecting and reporting on delinquent
debts as authorized by the Debt
Collection Act of 1982 or the Debt
Collection Improvement Act of 1996. A
record from this system may be
disclosed to any Federal, state, or local
agency to conduct an authorized
computer matching program in
compliance with the Privacy Act of
1974, as amended, to identify and locate
individuals who are delinquent in their
repayment of certain debts owed to the
U.S. Government. A record from this
system may be used to prepare
information on items considered income
for taxation purposes to be disclosed to
Federal, state, and local governments;
3. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
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19:09 Apr 04, 2006
Jkt 208001
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
4. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
5. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
6. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act;
7. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local, or foreign agency
maintaining civil, criminal, or other
relevant enforcement records, or other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant or other benefit;
8. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by other than the
agency—disclosure may be made to a
Federal, State, local, foreign, tribal, or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
PO 00000
Frm 00019
Fmt 4701
Sfmt 4703
17251
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
records if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action; and
9. Labor Relations—A record from
this system may be disclosed 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. In
each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Disclosures pursuant to 5 U.S.C. 552a
(b)(12): The Department of Treasury
may disclose to a consumer reporting
agency information regarding a claim by
the Commission which is determined to
be valid and overdue as follows: The
name, address, SSN or ITIN, and other
information necessary to establish the
identity of the individual or
organization responsible for the claim;
1. The amount, status, and history of
the claim; and
2. The program under which the
claim arose.
The Commission may disclose the
information specified in this paragraph
under 5 U.S.C. 552a (b)(12) and the
procedures contained in subsection 31
U.S.C. 3711(e). A consumer reporting
agency to which these disclosures may
be made is defined at 31 U.S.C.
3701(a)(3).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in paper files,
computer printouts, microfilm,
microfiche, magnetic disc and magnetic
tape.
RETRIEVABILITY:
Records in this system of records can
be retrieved by name and/or type of
transaction, call sign, processing
number, SSN, ITIN, FRN, vendor code,
Soundex number, fee control number,
payment ID number, or sequential
number.
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SAFEGUARDS:
Records are located in secured metal
file cabinets and metal vaults in secured
rooms or secured premises, with access
limited to those individuals whose
official duties required access.
Electronic record files are secured by
passwords, which are available only to
authorized personnel whose duties
require access.
RETENTION AND DISPOSAL:
These records are retained at the FCC
for two years following the end of the
current fiscal year. They are then
transferred to the Federal Records
Center and destroyed by shredding
when 6 years and 3 months old.
Electronic records are destroyed
physically (electronic storage media) or
by electronic erasure.
SYSTEM MANAGER(S) AND ADDRESS:
Financial Operations Center,
Associate Managing Director—Financial
Operations (AMD–FO), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 1–A663,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURE:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Subject individual, Federal Reserve
Bank, agent of subject, and Attorney-atLaw of the subject individual.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OMD–7
SYSTEM NAME:
FCC Employee Transit Benefit and
Parking Permit Programs.
SECURITY CLASSIFICATION:
None.
cchase on PROD1PC60 with NOTICES3
CATEGORIES OF INDIVIDUALS COVERED BY THIS
SYSTEM:
FCC employees who apply for and
participate in the FCC Transit Benefit
and Parking Permit Programs, e.g.,
holders of parking permits and members
of carpools and vanpools; recipients
with handicap status for parking
assignments; and applicants and
recipients of fare subsidies issued by
FCC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information required to administer
the Transit Benefit and Parking Permit
Programs that serves to determine the
applicant’s qualification based on
handicap status, to determine their
mode of transportation to and from
work, and to certify their monthly
commuting cost to and from work.
These records include the following:
1. Employee Transit Benefit Program
applications, Transit Benefit
certifications, change of information on
Employee Transit Benefit Program
application of the transit benefit
recipients, parking applications,
vanpool and carpool verification,
employee parking rosters, employee
handicap verification, and executive
staff information.
2. Data regarding the organizational
location, telephone number, FCC badge
number, home address, vehicle make/
model, license plate number, handicap
status documents, van/carpool
information, executive status, mode of
transportation and monthly cost of
transportation of any applicant who has
submitted an application for the Transit
Benefit and/or Parking Permit Programs.
3. Records and reports of
disbursements to transit benefit
recipients, parking permit recipients,
handicap status, and information on
local public mass transit facilities.
Forms associated with this system of
records include A–27, A–75, and A–
75A.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
SYSTEM LOCATION:
Administrative Services Center (ASC),
Associate Managing Director—
Administrative Operations (AMD–AO),
Office of the Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room TW–
C201, Washington, DC 20554.
Information related to those
employees who participate in the
SmarTrip portion of the benefits
VerDate Aug<31>2005
program is also stored in a database
administered by the Washington
Metropolitan Area Transit Authority,
headquartered at 600 Fifth Street, NW.,
Washington, DC 20001.
19:09 Apr 04, 2006
Jkt 208001
Statutory authority to provide public
transportation, parking records, and
handicap parking services is derived
from 5 U.S.C. 7901 and 7905, 5 U.S.C.
301, and Executive Order 13105.
PURPOSE(S):
1. These records are used to support
the FCC’s program that provides
allowed transportation and parking
subsidies to Federal employees.
PO 00000
Frm 00020
Fmt 4701
Sfmt 4703
2. This information is also used for
auditing purposes to ensure the
accuracy and integrity of the program, to
qualify and to certify beneficiaries of the
program, and to prepare listings and
reports for use by the FCC and the other
Federal, state, and local agencies
charged with oversight of or
contribution to the program.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Financial obligations as required by
the National Finance Center et al.—
when the National Finance Center (the
FCC’s designated payroll office), the
Department of the Treasury Debt
Management Services, and/or a current
employer to effect a salary, IRS tax
refund, or administrative offset to satisfy
an indebtedness; and to Federal
agencies to identify and locate former
employees for the purposes of collecting
such indebtedness, including through
administrative, salary, or tax refund
offsets. Identifying and locating former
employees, and the subsequent referral
to such agencies for offset purposes,
may be accomplished through
authorized computer matching
programs. Disclosures will be made only
when all procedural steps established
by the Debt Collection Act of 1982 and
the Debt Collection Improvement Act of
1996 or the Computer Matching and
Privacy Protection Act of 1988 as
appropriate, have been taken;
2. Program partner—when
information is disclosed to the
Washington Metropolitan Area Transit
Authority (WMATA) in connection with
employees participating in their
SmarTrip program (https://
www.wmata.com/riding/smartrip.cfm);
3. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
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3. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act; and
6. Labor Relations—A record from
this system may be disclosed 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.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Records under the control of the FCC
are retained for three years in
accordance with the General Records
Schedule 6 established by the National
Archives and Records Administration at
https://www.archives.gov/records-mgmt/
ardor/grs06.html. Records are then
shredded. Electronic records are
destroyed physically (electronic storage
media) or by electronic erasure.
SYSTEM MANAGER(S) AND ADDRESS:
Administrative Services Center (ASC),
Associate Managing DirectorAdministrative Operations (AMD–AO),
Office of the Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room TW–
C201, Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
STORAGE:
Records are maintained in file folders,
in the transit benefit and parking permit
computer databases, and in the
Washington Metropolitan Area Transit
Authority database associated with the
SmartTrip program.
None.
FCC/OMD–9
SYSTEM NAME:
Commission Registration System
(CORES).
SECURITY CLASSIFICATION:
RETRIEVABILITY
Records are retrieved by the
employee’s name, or by the FCC Badge
identification number, tag, and/or
permit number.
19:09 Apr 04, 2006
Jkt 208001
None.
SYSTEM LOCATION:
Financial Operations Center,
Associate Managing Director—Financial
PO 00000
Frm 00021
Fmt 4701
Sfmt 4703
Operations (AMD–FO), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 1–A625,
Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Information on individuals who have
requested a Federal Communications
Commission (FCC) Registration Number
(FRN) from the Commission Registration
System (CORES). A FRN is mandatory
for those wishing to conduct business
with the Federal Communications
Commission.
CATEGORIES OF RECORDS IN THE SYSTEM:
RETENTION AND DISPOSAL:
Information is obtained from
applications submitted by individuals
for the Transit Benefit and Parking
Permit Programs.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
cchase on PROD1PC60 with NOTICES3
Records are maintained in a secured
area and are available only to authorized
personnel, e.g., FCC and contract
personnel, whose duties require access.
Computer databases are setup with a
secured password. File cabinets where
the records are stored are controlled by
on-site personnel when unlocked and
locked when not in use. All transit
benefits and parking permits are kept in
a locked cash box contained in a
(cylinder lock) drawer. At close of
business, the cash box is secured in a
government issued safe with a
combination lock.
RECORD SOURCE CATEGORIES:
None.
VerDate Aug<31>2005
SAFEGUARDS:
17253
Records include: names, address(es),
Social Security Numbers (SSN),
Individual Taxpayer Identification
Numbers (ITIN), FCC Registration
Numbers (FRN), telephone number(s),
fax number(s), and e-mail address(es).
The FRN paper-based registration forms
are FCC Forms 160, 161, and 162.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S.C. 3302(e); 44 U.S.C. 3101,
3102, and 3309; Debt Collection Act as
amended by the Debt Collection
Improvement Act of 1996; the Federal
Financial Management Improvement
Act of 1996; the Chief Financial Officers
Act of 1990; and the Federal Managers
Financial Integrity Act of 1982.
PURPOSE(S):
The primary use of the records
contained in this database is to develop
and maintain a Commission-wide
method of recognizing and interacting
with those individuals who are doing
business with the Commission as
defined in 31 U.S.C. 7701(c)(2) and who
incur application or regulatory fee
obligations. This FRN registration
number collaterally allows the
Commission to ensure that monies paid
are properly matched with debts and
obligations due (see FCC/OMD–6 for the
system of records covering these
activities).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Public access—a search on the
Commission’s CORES Web site at
https://svartifoss2.fcc.gov/coresWeb/
publicHome.do can be conducted by
using an individual’s last name and
would result in a list of all those
registered with the FCC under that last
name, as well as the associated FRN,
address, and registration date unless
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Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices
such information is routinely withheld
under 47 CFR 0.457 or a request has
been made or granted to give the
information confidential treatment
under 47 CFR 0.459;
2. Financial obligations under the
Debt Collection Acts—a record from this
system may be disclosed to other
Federal agencies for the purpose of
collecting and reporting on delinquent
debts as authorized by the Debt
Collection Act of 1982 or the Debt
Collection Improvement Act of 1996. A
record from this system may be
disclosed to any Federal, state, or local
agency to conduct an authorized
computer matching program in
compliance with the Privacy Act of
1974, as amended, to identify and locate
individuals who are delinquent in their
repayment of certain debts owed to the
U.S. Government. A record from this
system may be used to prepare
information on items considered income
for taxation purposes to be disclosed to
Federal, state, and local governments;
3. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
4. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
5. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
6. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
VerDate Aug<31>2005
19:09 Apr 04, 2006
Jkt 208001
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
CORES is a computer database.
Information in this system of records is
stored primarily on computer hard
drives. Secondarily, some information
from this system of records may also be
maintained in paper files, computer
printouts, or magnetic tape.
RETRIEVABILITY:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURE:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Subject individual, agent of subject,
and Attorney-at-Law of the subject
individual.
SAFEGUARDS:
Records are located in secured metal
file cabinets, metal vaults, and in metal
file cabinets in secured rooms or
secured premises, with access limited to
those individuals whose official duties
required access. Electronic record files
are secured by passwords, which are
available only to authorized personnel
whose duties require access. Data
resident on network servers are backedup daily to magnetic media. One week’s
worth of back-up tapes is stored on-site
in fireproof safes. Each week, the
previous week’s backup tapes are sent to
an off-site storage location. A maximum
of ten week’s tapes are kept and cycled
in this fashion.
RETENTION AND DISPOSAL:
Records are retained for two years
following the end of the current fiscal
year; then transferred to the Federal
Records Center where they are
destroyed by shredding when 6 years
and 3 months old. Electronic records are
destroyed physically (electronic storage
media) or by electronic erasure.
SYSTEM MANAGER(S) AND ADDRESS:
Financial Operations Center,
Associate Managing Director—Financial
Operations (AMD–FO), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
Fmt 4701
None.
FCC/OMD–11
SYSTEM NAME:
Continuity of Operations Plan
(COOP).
SECURITY CLASSIFICATION:
None.
Records in this system of records can
be retrieved by name and/or type of
transaction, processing number, SSN,
ITIN, FRN, or sequential number.
Frm 00022
NOTIFICATION PROCEDURE:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
STORAGE:
PO 00000
445 12th Street, SW., Room 1–A663,
Washington, DC 20554.
Sfmt 4703
SYSTEM LOCATION:
Associate Managing Director—
Administrative Operations (AMD–AO),
Office of Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street, SW.,
Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Information on Federal
Communications Commission (FCC)
employees and contractors identified by
their organizational units as a COOP
Emergency Response Group (ERG) Team
Member.
CATEGORIES OF RECORDS IN THE SYSTEM:
The information includes FCC
employees’ and contractors’ names,
position title, security clearance, home
telephone number(s), personal cellular
telephone number(s), pagers, and work
and home e-mail addresses.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
36 Code of Federal Regulations (CFR)
Section 1236, Management of Vital
Records, May 16, 2001; 47 47 CFR
Sections 0.186 and 0.383, Emergency
Relocation Board, October 1, 2000;
Executive Order (EO) 12472,
Assignment of National Security and
Emergency Preparedness
Telecommunications Functions, April 3,
1984; EO 12656, Assignment of
Emergency Preparedness
Responsibilities, November 18, 1988;
Federal Preparedness Circular (FPC) 65,
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Federal Executive Branch Continuity of
Operations, July 26, 1999; FPC 66, Test,
Training, and Exercise (TT&E) Program
and COOP, April 30, 2001; FPC 67,
Acquisition for Alternate Facilities for
COOP, April 30, 2001; National Security
Presidential Decision Directive (NSPD)
1, Organization of the National Security
Council System, February 13, 2001;
Presidential Decision Directive (PDD)
67, Enduring Constitutional Government
and Continuity of Government
Operations, October 21, 1998;
Homeland Security Presidential
Directive (PD) 3, March 11, 2002;
PURPOSE(S):
This information allows FCC
management to contact FCC employees
and contractors at their home or other
designated location; to notify him/her
that the FCC COOP has been activated;
and to notify them that they must report
to the FCC’s Alternate Operating
Facility.
cchase on PROD1PC60 with NOTICES3
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Emergency Response—a record on
an individual in this system of records
may be disclosed to emergency medical
personnel, e.g., doctors, nurses, and/or
paramedics, to law enforcement officials
or other first responders and emergency
officials in case of a medical or other
emergency involving the FCC employee
without the subsequent notification to
the individual identified in 5 U.S.C.
552a(b)(8);
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
VerDate Aug<31>2005
19:09 Apr 04, 2006
Jkt 208001
or local authorities either for purposes
of obtaining additional information
relevant to an FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act;
6. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local, or foreign agency
maintaining civil, criminal, or other
relevant enforcement records, or other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant or other benefit; and
7. Labor Relations—A record from
this system may be disclosed 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.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
17255
RETRIEVABILITY:
Records are retrieved by the
employee’s name, Bureau/Office, floor,
and room number.
SAFEGUARDS:
Electronic records are maintained in a
network computer database, which is
secured through controlled access and
password restricted to the COOP
Manager, Associate Managing Director—
Administrative Operations (AMD–AO).
These records are only available for
review and updating by the employees
and contractors in the database, Bureau/
Office administrative personnel, and
FCC management on a need-to-know
basis.
RETENTION AND DISPOSAL:
The retention schedule for this system
of records has not yet been determined.
No records will be destroyed until a
disposal schedule is approved by the
National Archives and Records
Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Associate Managing Director—
Administrative Operations (AMD–AO),
Office of Managing Director (OMD),
Room 2–A640, Federal Communications
Commission (FCC), 445 12th Street,
SW., Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Individual on whom the record is
maintained.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OMD–12
SYSTEM NAME:
Integrated Library System (ILS)
Records.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
FCC Library, Office of the Secretary,
Office of Managing Director (OMD),
445–12th Street, SW., Room TW–B505,
Washington, DC 20554.
STORAGE:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Electronic records are maintained in a
network computer database.
Information on current Federal
Communications Commission (FCC)
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Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices
employees who have registered as
library users.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information on checked-out and/or
checked-in items contained in the FCC
Library collection. The records may
include such information as the
individual’s name, organizational unit,
telephone number, room number,
building access badge number, library
barcode identifier, and position title.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101 and 47 U.S.C. 154(I).
PURPOSE(S):
The information is maintained and
used to keep track of items borrowed by
registered users from the FCC Library’s
collection and to ensure that all items
are returned to the FCC Library in a
timely manner and/or upon a FCC
employee’s resignation from the
Commission.
cchase on PROD1PC60 with NOTICES3
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
2. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to an FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
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4. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
RECORD ACCESS PROCEDURES:
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
SECURITY CLASSIFICATION:
None.
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURE:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
FCC employees who provide contact
information in order to checkout
materials from the FCC library and the
FCC Library collection inventory.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OMD–13
SYSTEM NAME:
Data Quality Comments.
None.
SYSTEM LOCATION:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained electronically
in the Integrated Library System (ILS)
database. The database is password
protected and updated daily.
RETRIEVABILITY:
The system records of borrowed items
may be retrieved by the patron’s name,
bureau/office, office telephone number,
room number, barcode number, and
position title.
SAFEGUARDS:
Information in the Integrated Library
System (ILS) is secured through
controlled access and passwords
restricted to administrative office
personnel. Data resident on network
servers are backed-up routinely onto
magnetic media. Back-up tapes are
stored on onsite and at an off site
storage location.
RETENTION AND DISPOSAL:
The retention schedule for this system
of records has not yet been determined.
No records will be destroyed until a
disposal schedule is approved by the
National Archives and Records
Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Secretary, Office of the
Secretary, Office of Managing Director
(OMD), 445 12th Street, SW., Room
TW–B505, Washington, DC 20554.
Associate Managing Director—
Performance Evaluation and Records
Management (AMD–PERM), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 1–A838,
Washington, DC 20554.
CATEGORIES OF INDIVIDUALS IN THE SYSTEM:
Members of the public who have
submitted comments or questions
through the Data Quality comments
process.
CATEGORIES OF RECORDS IN THE SYSTEM:
Comments received through the FCC’s
Data Quality Comment process and,
where appropriate, materials that are
associated with the resolution of those
comments.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 515 of the Treasury and
General Government Appropriations
Act for Fiscal Year 2001 (P.L. 106–554).
PURPOSE(S):
The Data Quality Act of 2001 and
OMB’s implementing regulations
mandate that agencies develop and
make public guidelines for commenting
on information disseminated by that
Federal agency. Further, OMB requires
that Federal agencies publicly post on
their Web sites the comments deemed to
meet the agency standards and the
resolution of those comments. This
system of records maintains the
comments received from the public
since the inception of this requirement
in FY03.
NOTIFICATION PROCEDURE:
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Address inquiries to the system
manager.
Information about individuals in this
system of records may routinely be
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disclosed under the following
conditions:
1. Public access—in accordance with
OMB’s requirements (OMB
Memorandum from John Graham,
August 30, 2004, ‘‘Posting of
Information Quality Correction Requests
and Responses’’ found at https://
www.whitehouse.gov/omb/inforeg/
info_quality_posting_083004.pdf), the
complete set of correspondence with a
qualifying Data Quality commenter is
available on the FCC’s Data Quality
Internet site at: https://www.fcc.gov/omd/
dataquality/.
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
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records is compatible with the purpose
for which the records were collected.
SECURITY CLASSIFICATION:
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
17257
SYSTEM LOCATION:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The paper copy of comments is kept
in a manila folder in a private office.
The electronic copy of actual comments
is posted on the FCC Web site.
RETRIEVABILITY:
Records are retrievable primarily by
date of submittal. Under this hierarchy,
records are retrievable by name of
individual requester.
SAFEGUARDS:
Paper records are kept in a private
office that is locked at the end of the
day. Electronic records are posted on
the FCC web site, and thus, are publicly
available.
RETENTION AND DISPOSAL:
The retention schedule for this system
of records has not yet been determined.
No records will be destroyed until a
disposal schedule is approved by the
National Archives and Records
Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Associate Managing Director—
Performance Evaluation and Records
Management (AMD–PERM), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 1–A838,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Data Quality comments submitted by
members of the public; correspondence
involved in resolving comments; and
annual reports to OMB.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
SYSTEM NAME:
Pay and Leave Records.
Frm 00025
Human Resources Manager (HRM),
Office of Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 1–
B104, Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Employees of the Federal
Communications Commission (FCC).
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains various records,
including Social Security Numbers,
which are required to administer the
pay and leave requirements of the FCC.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101 and 3102; 5 U.S.C.
6331–6340; Federal Employees Leave
Sharing Act of 1988 and Amendments
of 1993 (P.L. 103–103 and P.L. 100–
566); Executive Order 9397, November
22, 1943; and Personal Responsibility
and Work Opportunity Reconciliation
Act of 1996 (P.L. 104–193).
PURPOSE(S):
The records within this system are
used to:
1. Authorize payroll deductions for
allotments, savings bonds, charitable
contributions, union dues;
2. Collect indebtedness for
overpayment of salary and unpaid
Internal Revenue Service taxes;
3. Pay income tax obligations to the
Internal Revenue Service;
4. Authorize issuing of salary checks
by the Treasury Department;
5. Report gross wages and separation
information for unemployment
compensation;
6. Pay any uncollected compensation
due to the beneficiaries of a deceased
employee;
7. Determine eligibility for and/or
authorize donations for the leave
transfer program;
8. Produce summary descriptive
statistics and analytical studies in
support of the FCC’s Human Resource
Management functions;
9. Respond to general requests for
statistical information (without personal
identification of individuals) under the
Freedom of Information Act; and
10. Locate specific individuals for
Human Resource Management
functions.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
FCC/OMD–14
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Fmt 4701
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system of records may routinely be
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Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices
disclosed under the following
conditions:
1. Compliance with Welfare Reform
requirements—Names, Social Security
Numbers, home addresses, dates of
birth, dates of hire, quarterly earnings,
employer identifying information, and
state of hire of employees may be
disclosed to the Office of Child Support
Enforcement, Administration for
Children and Families, Department of
Health and Human Services for the
purposes of locating individuals to
establish paternity, establishing and
modifying orders of child support,
identifying sources of income, and for
other child support enforcement actions
as required by the Personal
Responsibility and Work Opportunity
Reconciliation Act;
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
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that office’s advice regarding obligations
under the Privacy Act.
6. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local or foreign agency
maintaining civil, criminal, or other
relevant enforcement records, or other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant or other benefit;
7. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by other than the
agency—disclosure may be made to a
Federal, State, local, foreign, tribal, or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
records if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action; and
8. Labor Relations—A record from
this system may be disclosed 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.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
RETRIEVABILITY:
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
FCC/OMD–15
None.
Records are indexed by name and
Social Security Number.
SAFEGUARDS:
Records are maintained in filing
cabinets that are secured at the end of
each business day and/or on computer
systems that are protected through
password access. Both types of records
are available only to authorized
personnel whose duties require access.
RETENTION AND DISPOSAL:
Records kept by the FCC are
maintained and disposed of in
accordance with General Records
Schedule 2 (GRS 2) issued by the
National Archives and Records
Administration (NARA). Under this
Schedule, records are kept from 3 to 56
years, depending on the type of record
involved. Paper records are disposed by
shredding and electronic records are
destroyed physically (electronic storage
media) or by electronic erasure.
Individuals may request a copy of the
disposition instructions from the FCC
Privacy Act Officer or access GRS 2
directly at https://www.archives.gov/
records-mgmt/ardor/grs02.html.
SYSTEM MANAGER(S) AND ADDRESS:
Associate Managing Director—Human
Resources Management (AMD–HRM),
Office of the Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 1–
B104, Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Subject employees and FCC managers.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
SYSTEM NAME:
Employee Locator System.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
SECURITY CLASSIFICATION:
STORAGE:
SYSTEM LOCATION:
Information includes paper records
that are maintained in file folders and
electronic data that are stored on the
FCC’s network computer database.
Assistant Managing Director—Human
Resources Management (AMD–HRM),
Office of the Managing Director (OMD),
Federal Communications Commission
PO 00000
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Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices
(FCC), 445 12th Street, SW., Room 1–
A100, Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Employees of the Federal
Communications Commission (FCC)
and the persons they list as their
‘‘emergency contacts.’’
CATEGORIES OF RECORDS IN THE SYSTEM:
The information includes:
1. The names of FCC employees along
with contact information on their
organizational unit, physical location
(floor, room number), and work
telephone number(s); and
2. The name(s), e-mail address(es),
and telephone number(s) of the
individual(s) to contact in the event of
a medical or other emergency involving
the FCC employee.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Homeland Security Act of 2002 (P.L.
107–296, 2002); Executive Order (EO)
12656, Assignment of Emergency
Preparedness Responsibilities,
November 18, 1988; and Presidential
Decision Directive 67, Enduring
Constitutional Government and
Continuity of Government Operations,
October 21, 1998.
PURPOSE(S):
The information serves to identify the
individual(s) to contact should an
emergency of a medical or other nature
involving the Commission employee
occur while the employee is on the job.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Emergency Response—A record on
an individual in this system of records
may be disclosed to emergency medical
personnel, e.g., doctors, nurses, and/or
paramedics, or to law enforcement
officials in case of a medical or other
emergency involving the FCC employee
without the subsequent notification to
the individual identified in 5 U.S.C.
552a(b)(8);
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
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agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
RETENTION AND DISPOSAL:
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
17259
SYSTEM NAME:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Electronic records are maintained in a
network computer database.
RETRIEVABILITY:
Records are retrieved by the
employee’s name, organizational unit,
floor, and room number.
SAFEGUARDS:
Electronic records are maintained in a
network computer database, which is
secured through controlled access and
passwords restricted to the employee,
Human Resources Management
employees, administrative personnel,
and emergency relocation site
employees.
PO 00000
Frm 00027
Fmt 4701
Sfmt 4703
Records kept by the FCC are
maintained and disposed of in
accordance with General Records
Schedule 1 issued by the National
Archives and Records Administration
(NARA). Under terms of this Schedule,
records are destroyed on separation or
transfer of the employee by means of
shredding. Electronic records are
destroyed physically (electronic storage
media) or by electronic erasure.
Individuals may request a copy of the
disposition instructions from the FCC
Privacy Act Officer or access this
Schedule at https://www.archives.gov/
records-mgmt/ardor/grs01.html.
SYSTEM MANAGER(S) AND ADDRESS:
Associate Managing Director—Human
Resources Management (AMD–HRM),
Office of the Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 1–
A100, Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Subject employees.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OMD–16
Personnel Investigation Records.
SECURITY CLASSIFICATION:
There is no specific security
classification for this system; however,
data or records within the system may
have national defense/foreign policy
classifications up through secret.
SYSTEM LOCATION:
Security Operations Center, Assistant
Managing Director—Administrative
Offices (AMD–AO), Office of Managing
Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 1–B458,
Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Information includes:
1. Current and former Federal
Communications Commission (FCC)
employees, applicants for employment
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in the Federal service, and contractors
of the FCC;
2. Individuals considered for access to
classified information or restricted areas
and/or security determinations such as
contractors, experts, instructors, and
consultants to Federal programs; and
3. Individuals who are neither
applicants nor employees of the Federal
Government, but who are or were
involved in Federal programs under a
co-operative agreement.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Information includes:
1. Data needed to identify an
individual and his/her security
clearance, including: individual’s last,
first, and middle names (filed
alphabetically by last name); Social
Security Number; date of birth; place of
birth; organizational unit; position title;
security classification; types and dates
of investigations; agency conducting
investigation, investigation dates,
clearance level granted, and position
sensitivity level; and remarks;
2. Data needed to investigate an
individual’s character, conduct, and
behavior in the community where he or
she lives or lived; arrests and
convictions for violations against the
law; reports of interviews with present
and former supervisors, co-workers,
associates, educators, etc;
3. Reports about the individual’s
qualifications for a position; reports of
inquiries with law enforcement
agencies, employers, and educational
institutions attended; reports of action
after the Office of Personnel
Management (OPM) or FBI Section 8(d)
Full Field Investigation; Notices of
Security Investigation and other
information developed from the above
described Certificates of Clearance;
4. In some instances, a photograph of
the subject;
5. Data needed to investigate
allegations of misconduct by an FCC
employee;
6. Data needed to investigate
miscellaneous complaints not covered
by the FCC’s formal or informal
grievance procedure;
7. Data needed to conduct inquiries
under the ‘‘President’s Program to
Eliminate Waste and Fraud in
Government;’’ and
8. Data needed to investigate violence,
threats, harassment, intimidation, or
other inappropriate behavior that causes
an FCC employee or contractor to fear
for his/her personal safety in the FCC
workplace: case number, victim’s name,
office telephone number, room number,
organizational unit, duty station,
position, supervisor, supervisor’s
telephone number, location of incident,
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activity at time of incident,
circumstances surrounding the incident,
perpetrator, name(s) and telephone
number(s) of witness(es), injured
party(s), medical treatment(s), medical
report, property damages, report(s) to
police and/or Federal Protective
Services, and other miscellaneous
information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 1303, 1304, 3301, 7902;
Executive Orders 9397, 12196, 12674,
and 12356; and Homeland Security
Presidential Directive 12.
PURPOSE(S):
FCC Security Officer and the
Personnel Security Specialist use this
information as follows:
1. To determine compliance with
Federal regulations and/or to make a
determination about an individual’s
suitability and fitness for Federal
employment, access to classified
information or restricted areas, position
sensitivity, security clearances,
evaluations of qualifications, and
loyalty to the U.S.;
2. To evaluate qualifications and
suitability to perform contractual
services for the U.S. Government and to
document such determinations;
3. To respond to a written inquiry
conducted under the ‘‘President’s
Program to Eliminate Waste and Fraud
in the Government;’’ and
4. To take action on, or to respond to
a complaint about a threat, harassment,
intimidation, violence, or other
inappropriate behavior involving one or
more FCC employees and/or contract
employees, and to counsel employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
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Frm 00028
Fmt 4701
Sfmt 4703
2. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
4. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act;
5. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local, or foreign agency
maintaining civil, criminal, or other
relevant enforcement records, or other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant or other benefit;
6. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by other than the
agency—disclosure may be made to a
Federal, State, local, foreign, tribal, or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
records if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
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administrative, personnel, or regulatory
action; and
7. Labor Relations—A record from
this system may be disclosed 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.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
an investigation, are retained for 15
years, except for investigations
involving potential actionable issue(s),
which will be maintained for 25 years
plus the current year from the date of
the most recent investigative activity.
Paper records are destroyed by
shredding. Electronic records are
destroyed by electronic erasure.
Individuals interested in further
information about retention and
disposal may request a copy of the
disposition instructions from the FCC
Privacy Act Officer.
SYSTEM MANAGER(S) AND ADDRESS:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
Security Office, Associate Managing
Director—Administrative Operations
(AMD–AO), Security Operations Center,
Office of the Managing Director, Federal
Communications Commission (FCC),
445 12th Street, SW., Room 1–B458,
Washington, DC 20554.
STORAGE:
NOTIFICATION PROCEDURE:
Information includes paper records
that are stored in file folders in security
containers, and electronic records that
are maintained in a stand-alone
computer database.
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its notification procedure for
this system of records.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
RETRIEVABILITY:
Records are retrieved by an
individual’s name and Social Security
Number.
SAFEGUARDS:
Paper records are maintained in file
folders and stored in approved security
containers, within a secure, accesscontrolled area. Access is limited to
approved security office and
administrative personnel. The electronic
records are maintained in a stand-alone
computer database, which is secured
through controlled access and
passwords restricted to security and
administrative personnel on a ‘‘need to
know’’ basis. The computers are located
in a room with a simplex lock and
intrusive alarm systems. The computer
databases are maintained on a computer
that is not connected to the FCC
computer network. The databases are
backed-up on a daily basis to floppy
disk(s), which are then stored in a
secured area.
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RETENTION AND DISPOSAL:
Both paper and electronic records are
retained during employment or while an
individual is actively involved in
Federal programs. As appropriate,
records are returned to investigating
agencies after employment terminates;
otherwise, the records are retained for
five years from the date that the
employee leaves the Commission.
Investigative files and the computer
database, which show the completion of
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17261
1. Investigative material compiled for
law enforcement purposes as defined in
Section (k)(2) of the Privacy Act;
2. Properly classified information,
obtained from another Federal agency
during the course of a personnel
investigation, which pertains to national
defense and foreign policy, as stated in
Section (k)(1) of the Privacy Act; and
3. Investigative material compiled
solely for the purpose of determining
suitability, eligibility, or qualifications
for Federal civilian employment, as
described in Section (k)(5) of the
Privacy Act, as amended.
FCC/OMD–17
SYSTEM NAME:
Freedom of Information Act (FOIA)
Case Files.
SECURITY CLASSIFICATION:
None.
RECORD ACCESS PROCEDURES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record access procedures
for this system of records.
SYSTEM LOCATION:
FOIA Public Liaison, Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 1–C,
Washington, DC.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who have requested
access to inspect and/or copy records of
the Commission under provisions of the
FOIA.
CONTESTING RECORD PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its contesting record
procedure for this system of records.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record sources for this
system of records.
EXEMPTION FROM CERTAIN PROVISIONS OF THE
ACT:
This system of records is exempt from
sections (c)(3), (d), (e)(4)(G), (H), and (I),
and (f) of the Privacy Act of 1974, 5
U.S.C. 552a, and from 47 CFR 0.554–
0.557 of the Commission’s rules. These
provisions concern the notification,
record access, and contesting
procedures described above, and also
the publication of record sources. The
system is exempt from these provisions
because it contains the following types
of information:
PO 00000
Frm 00029
Fmt 4701
Sfmt 4703
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include names,
addresses, the information requested
under FOIA, and communications
between the Federal Communications
Commission (FCC) and the individual
who makes the FOIA request
(‘‘requester’’).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Freedom of Information Act (1994 and
Supp. II 1996), 5 U.S.C. 552, Executive
Order (EO) 13392.
PURPOSE(S):
These records are collected and
maintained so that the FCC can
effectively, efficiently, responsively, and
appropriately respond to FOIA requests.
These records are also crucial for
adjudication of FOIA appeals and for
providing mandatory statistical reports
to Congress, the Department of Justice,
and the Office of Management and
Budget. These records also advise
Commission decisions on what records
should be routinely made public and
thus available with FOIA requests.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
records is compatible with the purpose
for which the records were collected.
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Public access—where the
appropriate official of the Commission,
pursuant to the Commission’s FOIA
Regulations determines that it is in the
public interest to disclose a record,
which is otherwise exempt from
mandatory disclosure, disclosure may
be made from the system of records.
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
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None.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
Information includes both paper files
and electronic data. The information is
maintained in case files and in
databases located in both the FOIA
Officer’s organizational unit and the
organizational units of the FCC staff
providing the substantive answer to the
request.
RETRIEVABILITY:
Records are primarily indexed and
retrieved by the FOIA control number
assigned to each requester. In addition,
records can be retrieved by name of
requester, date of request, subject of
request, and type of request.
SAFEGUARDS:
Paper records are maintained in file
cabinets located in the organizational
unit of those involved in responding to
the FOIA request. Electronic records
and databases are secured through
controlled access and passwords, which
is restricted to approved personnel in
the bureaus and offices.
RETENTION AND DISPOSAL:
Individual case files are maintained
for two years after the date of reply.
Denied requests and appeals of denials
may be retained for longer periods (up
to six years after final action) in
accordance with FOIA and FCC records
control schedules. Individuals may
request a copy of the disposition
instructions from the FCC Privacy Act
Officer.
SYSTEM MANAGER(S) AND ADDRESS:
FOIA Public Liaison, Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 1–A827,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Individuals making requests under
FOIA; communication between FCC
Frm 00030
None.
FCC/OMD–18
SYSTEM NAME:
STORAGE:
PO 00000
organizational units and the requester;
and investigative materials and
decisions involved in appeals of FOIA
responses.
Fmt 4701
Sfmt 4703
Telephone Call Detail.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Information Technology Center,
Associate Managing Director—
Information Technology (AMD–IT),
Office of the Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 1–
C361, Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Information includes the following:
1. Individuals, including current and
former employees, contractors, and
visitors, who originate calls from
Federal Communications Commission
(FCC) telephones, including both
wireline and cellular telephones, and
individuals receiving such calls;
2. Individuals placing calls to or
charging calls to FCC telephones (wired
or cellular);
3. Individuals receiving such calls, or
accepting the charges; and
4. Employees assigned FCC telephone
numbers from both wireline and cellular
telephones.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system include:
1. Records of telephone calls placed to
and from FCC phones (wired or
cellular);
2. Telephone numbers, including both
wireline and cellular telephones,
assigned to current employees;
3. The physical location of FCC
telephones, including both wireline and
cellular telephones;
4. Numbers called from, the numbers
called to, time and date of calls,
duration, disposition, and the cost of the
call and/or charges accepted, and the
FCC organizational unit to which the
relevant telephone numbers are
assigned;
5. Copies of related records, e.g., any
periodic summaries which may have
been compiled to reflect the total
number of long distance calls; and
6. Names of employees and their
office locations, but no other personal
identifiers such as social security
numbers.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101 and 47 U.S.C. 154(I).
PURPOSE(S):
Information is collected so that the
FCC can meet its statutory and
regulatory duties to ensure that
government property is used only for
allowed purposes and to ensure that the
FCC operates efficiently and effectively.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Financial obligations as required by
the National Finance Center et al.—
when the National Finance Center (the
FCC’s designated payroll office), the
Department of the Treasury Debt
Management Services, and/or a current
employer to effect a salary, IRS tax
refund, or administrative offset to satisfy
an indebtedness incurred for unofficial
telephone and cellular calls; and to
Federal agencies to identify and locate
former employees for the purposes of
collecting such indebtedness, including
through administrative, salary, or tax
refund offsets. Identifying and locating
former employees, and the subsequent
referral to such agencies for offset
purposes, may be accomplished through
authorized computer matching
programs. Disclosures will be made only
when all procedural steps established
by the Debt Collection Act of 1982 and
the Debt Collection Improvement Act of
1996 or the Computer Matching and
Privacy Protection Act of 1988 as
appropriate, have been taken;
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
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or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act;
6. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local, or foreign agency
maintaining civil, criminal, or other
relevant enforcement records, or other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant or other benefit;
7. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by other than the
agency—disclosure may be made to a
Federal, State, local, foreign, or tribal or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
record if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action; and
8. Labor Relations—A record from
this system may be disclosed to officials
of labor organizations recognized under
5 U.S.C. Chapter 71 upon receipt of a
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17263
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.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in electronic
databases, in paper files, and on CD–
ROM. The electronic databases are
password protected and updated daily.
RETRIEVABILITY:
Telephone call records are retrieved
by organizational unit, the employee
name, name of recipient of telephone
call, and the telephone number.
SAFEGUARDS:
Paper and CD–ROM records are
maintained in file cabinets, which are
locked at the end of the business day.
Information in the electronic databases
is secured through controlled access and
passwords restricted to administrative
office personnel. Data resident on
network servers are backed-up daily to
magnetic media. Back-up tapes are
stored on-site and at an off-site storage
location.
RETENTION AND DISPOSAL:
Records kept by the FCC are
maintained and disposed of in
accordance with General Records
Schedule 12 issued by the National
Archives and Records Administration
(NARA). Disposition is done by
shredding when records are from 6
months to 3 years old, depending on the
Schedule. Electronic records are
destroyed physically (electronic storage
media) or by electronic erasure.
Individuals may request a copy of the
disposition instructions from the FCC
Privacy Act Officer or directly access
the Schedule at https://
www.archives.gov/records-mgmt/ardor/
grs12.html.
SYSTEM MANAGER(S) AND ADDRESS:
Information Technology Center,
Associate Managing Director—
Information Technology (AMD–IT),
Office of the Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 1–
C361, Washington, DC 20554.
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NOTIFICATION PROCEDURE:
All other data elements in the
database are immediately discarded by
the FCC.
When there is a preliminary match of
name and ITIN from the database with
the name of an application on file with
the FCC, the FCC will then obtain from
DOJ additional data elements, e.g.,
address, zip code, and, if required by
the FCC application, date of birth, in
order to determine if there is an actual
match.
If manual comparison of the
application information with the
information obtained from DOJ confirms
an actual match, the FCC will prepare
a confirmation report to be attached to
the application. The confirmation report
will reflect the identifying information
obtained from the DOJ debarment entry,
but it will not include the DOJ ID
number for that debarment entry.
Upon such a match, the FCC will
initiate correspondence with the
applicant, which will also be associated
with the application. The confirmation
report and any correspondence with the
applicant will be among the records
found in this system.
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Telephone assignment records; call
detail listings; and the results of
administrative inquiries relating to
assignment of responsibility for
placement of specific long distance
calls.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OMD–19
SYSTEM NAME:
Denial of Federal Benefits (Drug
Debarment List).
SECURITY CLASSIFICATION:
None.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
SYSTEM LOCATION:
Financial Operations Center,
Associate Managing Director—Financial
Operations (AMD–FO), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 1–A663,
Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals convicted of offenses
concerning the distribution or
possession of controlled substances,
who have been denied all Federal
benefits or Federal Communications
Commission (FCC) benefits as part of
their sentence pursuant to Section 5301
of the Anti-Drug Abuse Act of 1988, and
who have also filed applications for any
FCC professional or commercial license.
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CATEGORIES OF RECORDS IN THE SYSTEM:
The records within this system come
from a database of individuals who have
been denied all Federal benefits
pursuant to Section 5301 of the AntiDrug Abuse Act of 1988. This database
is provided to the FCC by the
Department of Justice (DOJ). These
records include:
1. DOJ identification number (ID) for
the person denied Federal benefits;
2. Name of individual;
3. Individual Taxpayer Identification
Number (ITIN); and
4. Starting and ending date of the
denial of Federal benefits.
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Section 5301 of the Anti-Drug Abuse
Act of 1988 (P.L. 100–690), as amended
by section 1002(d) of the Crime Control
Act of 1990 (P.L. 101–647), and 47
U.S.C. 154(i) and 154(j).
PURPOSE(S):
Information is used for the exchange
of information between DOJ and the
FCC in connection with the
implementation of section 5301 of the
Anti-Drug Abuse Act of 1988. This
exchange of information permits the
FCC to perform the General Services
Administration (GSA) Debarment List
check as provided for in the Office of
National Drug Control Policy plan for
implementation of section 5301 through
use of information generated by DOJ.
The automated records obtained from
DOJ is only used by the FCC to make an
initial determination of whether an
individual applicant is subject to a
denial of all Federal benefits or FCC
benefits imposed under section 5301 of
the Anti-Drug Abuse Act of 1988.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Public Access—any report resulting
from a confirmed match between a FCC
applicant and an individual on the DOJ
Drug Disbarment List (not including the
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Frm 00032
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Sfmt 4703
DOJ ID Number) and any
correspondence with the applicant
regarding this match will be associated
with the applicant’s application and
thus, will be made routinely available
(with redactions for date of birth and
Social Security Number) for public
inspection as part of the FCC
application file;
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained electronically
on a computer database, and a paper
copy of each record is stored in file
folders.
RETRIEVABILITY:
Records are retrieved by supplying
the following information: Name of
applicant, ITIN, address (in some
instances) and zip code, date of birth (in
some instances), and FCC fee control
number for the application.
SAFEGUARDS:
The data are provided to the FCC by
the U.S. Department of Justice (DOJ) and
will be protected from tampering,
unauthorized disclosure, and will
follow these procedures:
1. The database will be processed to
extract the information to be used in the
automated system, and the data
elements not being used in the
automated system will be electronically
erased.
2. The remaining data will be
maintained at the main FCC building
with a low risk of unauthorized access.
3. Access points are photo-monitored
by security personnel; all employees are
required to display photo ID badges; and
all visitors must register and wear a
visitor’s badge.
4. Access to the computer system on
which the extracted database is stored
requires use of a unique user ID with
personal identifier.
5. The extracted database is stored in
a separate file in that system, and a
separate password is required for entry
to that file.
6. The password is available to a
limited number of persons based strictly
on a ‘‘need to know’’ basis.
7. The reports of any automated
matches containing the DOJ ID number
will be made available only to the
appropriate FCC officials.
benefits under section 5301, the
debarment entry information used in
that determination will be retained by
the FCC for 30 days after the application
has cleared the debarment check.
However, as noted above, debarment
entry information relating to match
reports that are retained for quality
control purposes will be retained until
that quality check is completed.
Where a match is confirmed by the
manual verification process, the
debarment entry information will be
retained for a period of at least 90 days
after the date of the letter referred to
above. If the individual applicant
contests the determination that a section
5301 denial of Federal benefits bars a
grant of the application, the debarment
entry information will be retained until
such time as the FCC’s action on the
application is no longer subject to
review in any court.
Individuals may request a copy of the
disposition instructions from the FCC
Privacy Act Officer.
(FCC), 445 12th Street, SW., Room 1–
C266, Washington, DC 20554.
SYSTEM MANAGER(S) AND ADDRESS:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
2. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
4. Government-wide Program
Management and Oversight—when
Associate Managing Director—
Financial Operations (AMD–FO), Office
of Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 1–A623,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURE:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
DOJ Drug Disbarment Database; and
individuals making applications to the
FCC who have been matched with the
Drug Disbarment Database.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
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RETENTION AND DISPOSAL:
The match reports are retained by the
FCC for only as long as it is necessary
to obtain the debarment entry
information and corresponding
application for manual confirmation of
the match. Thereafter, the match reports
will be shredded.
However, periodically, a match report
will be randomly retained for a period
of an additional 90 to 120 days to
provide a quality check of the
verification process. Where the
verification process establishes that a
match does not indicate that the
applicant has been denied Federal
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None.
FCC/OMD–20
SYSTEM NAME:
Inter-office and Remote Access
Internet E-mail Systems.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Information Technology Center,
Associate Managing Director—
Information Technology (AMD–IT),
Office of the Managing Director (OMD),
Federal Communications Commission
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Employees and contractors of the
Federal Communications Commission
(FCC).
CATEGORIES OF RECORDS IN THE SYSTEM:
Information includes the names, email addresses, passwords, and badge
numbers of all FCC employees and
contractors.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 154(i).
PURPOSE(S):
These records are used to insure that
all users of the FCC’s Inter-office and
Internet E-mail systems abide by the
FCC’s Intranet and Internet regulations.
The records can also be used to identify
possible abusers.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
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requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act;
5. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local, or foreign agency
maintaining civil, criminal, or other
relevant enforcement records, or other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant or other benefit;
6. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by other than the
agency—disclosure may be made to a
Federal, State, local, foreign, tribal or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
records if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action; and
7. Labor Relations—A record from
this system may be disclosed 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.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
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DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OMD–21
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
SYSTEM NAME:
STORAGE:
SECURITY CLASSIFICATION:
Records are maintained in an
electronic database.
RETRIEVABILITY:
Records can be retrieved by
organizational unit, employee name,
and employee computer system log-in
name.
SAFEGUARDS:
Information in the database is secured
through controlled access and
passwords restricted to administrative
office personnel. Data resident on
network servers are backed-up daily to
magnetic media. Back-up tapes are
stored on-site and at an off-site storage
location.
RETENTION AND DISPOSAL:
Records kept by the FCC are
maintained and disposed of in
accordance with General Records
Schedule 12 issued by the National
Archives and Records Administration
(NARA). Records are retained until an
employee or contractor leaves the FCC
and then shredded. Electronic records
are destroyed physically (electronic
storage media) or by electronic erasure.
Individuals may request a copy of the
disposition instructions from the FCC
Privacy Act Officer or access the
Schedule directly at https://
www.archives.gov/records-mgmt/ardor/
grs12.html.
SYSTEM MANAGER(S) AND ADDRESS:
Information Technology Center,
Associate Managing Director—
Information Technology (AMD–IT),
Office of the Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 1–
C266, Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Access by employees and contractors
to the FCC’s Inter-office and Internet Email systems.
PO 00000
Frm 00034
Fmt 4701
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Garnishment and Levy of Wages.
None.
SYSTEM LOCATION:
Human Resources Management
(HRM), Office of the Managing Director
(OMD), Federal Communications
Commission (FCC), 445 12th Street,
SW., Room 1–B104, Washington, DC
20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Information on any Federal
Communications Commission (FCC)
employee who is the subject of a
garnishment or levy order issued by a
court of competent jurisdiction or by
another government entity authorized to
issue such order.
CATEGORIES OF RECORDS IN THE SYSTEM:
Garnishment of levy orders served
upon the agency for implementation,
correspondence, and memoranda.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 5520a, 10 U.S.C. 1408, and
42 U.S.C. 659.
PURPOSE(S):
Records are used to direct the
agency’s implementation of garnishment
and levy orders.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
2. Law enforcement and
Investigation—where there is an
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indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
4. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act;
5. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local or foreign agency
maintaining civil, criminal, or other
relevant enforcement records, or other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant or other benefit;
6. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by other than the
agency—disclosure may be made to a
Federal, State, local, foreign, tribal or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
records if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action; and
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7. Labor Relations—A record from
this system may be disclosed 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.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are stored in file
folders.
RETRIEVABILITY:
Records are retrieved by the name of
the individual subject to garnishment or
levy order.
SAFEGUARDS:
Records are kept in file cabinets that
are secured at the end of each business
day.
RETENTION AND DISPOSAL:
Records kept by the FCC are retained
until the expiration of the garnishment
or levy order or until the employee
leaves the FCC, whichever comes first.
They are then shredded. Individuals
may request a copy of the disposition
instructions from the FCC Privacy Act
Officer.
SYSTEM MANAGER(S) AND ADDRESS:
Associate Managing Director—Human
Resources Management (AMD–HRM),
Office of the Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 1–
B104, Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURE:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Bankruptcy courts, state domestic
relations courts, state public health and
welfare departments or agencies,
Internal Revenue Service, and intraagency memoranda.
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EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OMD–22
SYSTEM NAME:
Equipment Loan Records.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Information Technology Center,
Associate Managing Director—
Information Technology (AMD–IT),
Office of the Managing Director (OMD),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 1–
C361, Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Information concerning any
individual loaned electronic equipment,
e.g., laptops, pagers, cellular telephones,
and RSA Secure Tokens by the Federal
Communications Commission (FCC) for
use in carrying out FCC business.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information includes the following:
1. Individual’s name, FCC I.D. badge
number, and organizational unit; and
2. Loaned equipment’s barcode
number, serial number, model number,
and modem number.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101 and 47 U.S.C. 154(I).
PURPOSE(S):
These records allow the FCC to meet
its statutory and regulatory duties to
ensure that government property is used
only for allowed purposes; to ensure
that government-purchased property is
properly inventoried and accounted for;
and to ensure that the FCC operates
efficiently and effectively.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Financial obligations as required by
the National Finance Center et al.—
when the National Finance Center (the
FCC’s designated payroll office), the
Department of the Treasury Debt
Management Services, and/or a current
employer to effect a salary, IRS tax
refund, or administrative offset to satisfy
an indebtedness incurred for unofficial
telephone and cellular calls; and to
Federal agencies to identify and locate
former employees for the purposes of
collecting such indebtedness, including
through administrative, salary, or tax
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refund offsets. Identifying and locating
former employees, and the subsequent
referral to such agencies for offset
purposes, may be accomplished through
authorized computer matching
programs. Disclosures will be made only
when all procedural steps established
by the Debt Collection Act of 1982 and
the Debt Collection Improvement Act of
1996 or the Computer Matching and
Privacy Protection Act of 1988 as
appropriate, have been taken;
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act;
6. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local or foreign agency
maintaining civil, criminal, or other
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relevant enforcement records, or other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant or other benefit;
7. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by other than the
agency—disclosure may be made to a
Federal, State, local, foreign, tribal, or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
records if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action; and
8. Labor Relations—A record from
this system may be disclosed 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.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
Records are maintained in paper files
and in electronic databases. The
databases are password protected and
updated daily.
RETRIEVABILITY:
Equipment loan records are retrieved
by the employee name, equipment
barcode number, serial number, and
model or modem numbers.
SAFEGUARDS:
Paper and CD-ROM records are
maintained in file cabinets that are
Frm 00036
RETENTION AND DISPOSAL:
Records kept by the FCC are
maintained and disposed of in
accordance with General Records
Schedule 12 issued by the National
Archives and Records Administration
(NARA). Records are retained until an
employee or contractor leaves the FCC
and then shredded. Electronic records
are destroyed physically (electronic
storage media) or by electronic erasure.
Individuals may request a copy of the
disposition instructions from the FCC
Privacy Act Officer or access the
Schedule directly at https://
www.archives.gov/records-mgmt/ardor/
grs12.html.
SYSTEM MANAGER(S) AND ADDRESS:
Information Technology Center,
Associate Managing Director—
Information Technology (AMD–IT),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 1–
C361, Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Individual requests to check out
loaned equipment; and inventory
databases tracking current status of
loaned equipment.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
STORAGE:
PO 00000
locked at the end of the business day.
Information in the databases is secured
through controlled access and
passwords restricted to administrative
office personnel. Data resident on
network servers are backed-up daily to
magnetic media. Back-up tapes are
stored on-site and at an off-site storage
location.
Fmt 4701
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FCC/OWD–1
SYSTEM NAME:
Reasonable Accommodation Requests
under the Rehabilitation Act of 1973.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of Workplace Diversity (OWD),
Federal Communications Commission
(FCC), 445 12th Street, SW., Room 5–
C750, Washington, DC 20554.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Federal Communications Commission
(FCC) employees or contractors with
disabilities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Electronic databases with all records
containing the last and first name, filed
alphabetically by last name, and a
corresponding identification number,
which includes:
1. FCC employee/temporary hire
database contains: first and last name,
telephone number, organizational unit,
room number, date of issuance, and
property pass privileges, if applicable.
2. Contractor database contains: first
and last name, contractor company
name, telephone number, FCC point of
contact, telephone number, and date of
issuance.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order (EO) 13164,
Establishing Procedures to Facilitate the
Provision of Reasonable
Accommodation; EEOC, Enforcement
Guidance on Reasonable
Accommodation and Undue Hardship
Under the Americans with Disabilities
Act, 29 CFR Part 1615; Rehabilitation
Act of 1973, 29 U.S.C. 12101 et seq.; 29
CFR 1630.
PURPOSE(S):
The system provides a method by
which the FCC can identify Commission
employees who have requested
‘‘reasonable accommodations’’ in their
office, work stations, or to use other FCC
facilities. Information on the disposition
of each request is also maintained in
this system.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
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Jkt 208001
Government is a party to litigation or
has an interest in such litigation;
2. Law enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
4. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act; and
5. Labor Relations—A record from
this system may be disclosed 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.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
17269
on these files on a weekly and monthly
basis on 1⁄4″ data cartridges, which are
stored/safeguarded in the Security
Office.
RETENTION AND DISPOSAL:
Records kept by the FCC are retained
until an employee or contractor leaves
the FCC and then shredded. Electronic
records are destroyed physically
(electronic storage media) or by
electronic erasure.
SYSTEM MANAGER(S) AND ADDRESS:
Director of Workplace Diversity
(OWD), 445 12th Street, SW., Room 5–
C750, Washington, DC 20554; or
Security Operations Center, Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Room 1–B458,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Individuals requesting
accommodation.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/WTB–1
SYSTEM NAME:
Wireless Services Licensing Records.
SYSTEM LOCATION:
Wireless Telecommunications Bureau
(WTB), Room 3–C122, Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Records are retrieved by the name of
the individual or accommodation
identity number.
1. Licensees and applicants (including
persons or entities with attributable
interests therein as described below);
2. Tower owners; and
3. Contact persons relating to radio
systems licensed or processed by the
Wireless Telecommunications Bureau
under parts 13, 22, 24, 27, 74, 80, 87, 90,
95, 97, and 101 of the Commission’s
Rules (Wireless Services).
SAFEGUARDS:
CATEGORIES OF RECORDS IN THE SYSTEM:
The computer terminals are stored
within a secured area. The Security
Office staff performs a backup operation
The information includes:
1. Applications, licenses, and
pleadings relating to such
STORAGE:
Records are maintained in a password
protected computer database.
RETRIEVABILITY:
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applications—including Individual
Taxpayer Identification Numbers;
2. Correspondence relating to
authorizations, and
3. Requests for authorizations in the
Wireless Services.
4. FCC Forms 175, 601, 602, 603,
603T, and 605 and any supporting
exhibits submitted by the applicant(s),
and related documentation associated
with the FCC’s processing of these
forms.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S.C. 7701; and 47 U.S.C. 301,
303, 309, 312, 362, 364, 386, 507, and
510.
PURPOSE(S):
Records are kept to administer the
Federal Communications Commission’s
(FCC) regulatory responsibilities
including licensing, enforcement,
rulemaking, and other actions necessary
to perform spectrum management
duties, as follows:
1. To provide public access to
pending requests for authorizations and
information regarding current licensees;
2. To determine the availability of
spectrum for licensing;
3. To determine when compliance
filings, renewal applications, and fees
are due from licensees;
4. To resolve disputes between radio
operators regarding who has certain
rights to use particular frequency bands
in particular geographic areas;
5. To resolve cross border disputes, on
occasion, e.g., dispute(s) with entities
operating in Canada and Mexico.
6. To allow licensees to transfer or
assign their interests in particular
licenses or portions of licenses as the
rules permit (after agency approval);
7. To evaluate the completeness and
sufficiency of requests for new or
modified authorizations;
8. To provide reports to a variety of
Federal officials on the current uses and
utilization of the spectrum the FCC is
charged with regulating; and
9. To provide public access to license
data (except ITIN numbers), which
promotes the economically efficient
allocation of spectrum and the
resolution of radio interference
problems.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Public access—the licensee records
will be publicly available and routinely
used in accordance with Subsection b.
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19:09 Apr 04, 2006
Jkt 208001
of the Privacy Act; ITIN Numbers and
material which is afforded confidential
treatment pursuant to a request made
under 47 CFR 0.459 will not be
available for public inspection;
2. Financial obligations under the
Debt Collection Acts—a record from this
system may be disclosed to other
Federal agencies for the purpose of
collecting and reporting on delinquent
debts as authorized by the Debt
Collection Act of 1982, the Debt
Collection Improvement Act of 1996, or
the Federal Claims Collection Standard.
A record from this system may be
disclosed to any Federal, state, or local
agency to conduct an authorized
computer matching program in
compliance with the Privacy Act of
1974, as amended, to identify and locate
individuals who are delinquent in their
repayment of certain debts owed to the
U.S. Government. A record from this
system may be used to prepare
information on items considered income
for taxation purposes to be disclosed to
Federal, state, and local governments;
3. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
4. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
5. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
6. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
PO 00000
Frm 00038
Fmt 4701
Sfmt 4703
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Pursuant to 5 U.S.C. 552a (b) (12), the
Department of Treasury may disclose to
a consumer reporting agency
information regarding a claim by the
FCC that is determined to be valid and
overdue as follows:
1. The name, address, SSN or ITIN,
and other information necessary to
establish the identity of the individual
or organization responsible for the
claim;
2. The amount, status, and history of
the claim; and
3. The program under which the
claim arose.
The Commission may disclose the
information specified in this paragraph
under 5 U.S.C. 552a (b)(12) and the
procedures contained in subsection 31
U.S.C. 3711(e). A consumer reporting
agency to which these disclosures may
be made is defined at 31 U.S.C. 3701(a)
(3).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
All records are stored and accessed
electronically:
1. Records that are submitted on
paper are scanned or keyed into the
computer system as appropriate; and
2. Paper records are archived after
being entered electronically.
Tape backups of records are
periodically created. Records of prior
licensees are archived.
RETRIEVABILITY:
Records may be retrieved by searching
electronically using a variety of
parameters including name, a licensee’s
unique identifier, call sign, file number,
etc. However, paper records which
contain ITIN’s are not available for
public inspection.
SAFEGUARDS:
Records are protected by passwords
and other computer security measures
including the issuance of unique
identifiers after such applicant or
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licensee completes the initial
registration of such protected data as
ITIN’s. Access to privacy protected data
is available only to those persons whose
jobs require such access. Data resident
on network servers are backed-up on to
magnetic media. Back-up tapes are
stored on-site and at an off-site storage
location.
RETENTION AND DISPOSAL:
Records are maintained for eleven
years after an individual ceases to be a
licensee. Electronic records are
destroyed physically (electronic storage
media) or by electronic erasure.
2. Unlicensed persons who have
operated radio transmitting equipment;
and
3. Persons who have had a license
revoked or have had an application
dismissed or denied, and are prohibited
from filing another application within
one year.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information in this system includes:
name, address, date of birth (if known),
authorization code of staff member who
placed name in the file, and date the
name was placed in the file.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
SYSTEMS MANAGER(S) AND ADDRESS:
Chief, Wireless Telecommunications
Bureau (WTB), Federal Communications
Commission (FCC), 445 12th Street,
SW., Room 3–C122, Washington, DC
20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system
manager.
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Individual conducting business with
the FCC.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/WTB–5
SYSTEM NAME:
Application Review List for Present or
Former Licensees, Operators, or
Unlicensed Persons Operating Radio
Equipment Improperly.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Wireless Telecommunications Bureau
(WTB), Federal Communications
Commission (FCC), 445 12th Street,
SW., Room 3–C122, Washington, DC
20554.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
1. Individuals who are or have been
licensed under parts 13, 22, 24, 27, 74,
80, 87, 90, 95, 97, and 101 of FCC Rules,
and who have operated in violation of
the Federal Communications
Commission’s (FCC) rules or the
Communications Act of 1934, as
amended;
19:09 Apr 04, 2006
Jkt 208001
PURPOSE(S):
The records are used by selected staff
and field employees to determine
whether the application of these
individuals should be granted,
dismissed, or set for hearing.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
RECORD ACCESS PROCEDURES:
VerDate Aug<31>2005
47 U.S.C. 301, 303, 309(e), and 312.
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
2. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
3. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
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17271
4. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored on magnetic tape
and computer printout(s).
RETRIEVABILITY:
Information is filed alphabetically by
name of individual in a computer and
is retrieved periodically through
computer printout.
SAFEGUARDS:
Access to the computer database(s) is
controlled by passwords; the
computer(s) is located in a secured
office; and the printouts are available
only to selected staff personnel.
RETENTION AND DISPOSAL:
The printouts are destroyed by
machine shredding when a new list is
distributed. The computer tapes are
retained for four back-up cycles, and on
the fifth update, the oldest tape is
destroyed by burning.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Wireless Telecommunications
Bureau (WTB), Federal Communications
Commission (FCC), 445 12th Street,
SW., Room 3–C122, Washington, DC
20554.
NOTIFICATION PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its notification procedure for
this system of records.
RECORD ACCESS PROCEDURES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
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has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record access procedures
for this system of records.
CONTESTING RECORD PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its contesting record
procedure for this system of records.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record sources for this
system of records.
EXEMPTION FROM CERTAIN PROVISIONS OF THE
ACT:
This system of records is exempt from
sections (c)(3), (d), (e)(4)(G), (H), and (I),
and (f) of the Privacy Act of 1974, 5
U.S.C. 552a, and from 47 CFR 0.554–
0.557 of the Commission’s rules. These
provisions concern the notification,
record access, and contesting
procedures described above, and also
the publication of record sources. The
system is exempt from these provisions
because it contains the following types
of information:
1. Investigative material compiled for
law enforcement purposes as defined in
Section (k)(2) of the Privacy Act;
2. Properly classified information,
obtained from another Federal agency
during the course of a personnel
investigation, which pertains to national
defense and foreign policy, as stated in
Section (k)(1) of the Privacy Act; and
3. Investigative material compiled
solely for the purpose of determining
suitability, eligibility, or qualifications
for Federal civilian employment, as
described in Section (k)(5) of the
Privacy Act, as amended.
FCC/WTB–6
SYSTEM NAME:
Archival Radio Operator Records.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
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Wireless Telecommunications Bureau
(WTB), Federal Communications
Commission (FCC), 1270 Fairfield Road,
Gettysburg, Pennsylvania 17325.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who applied for and/or
received a radiotelephone (wireless)
operator license or permit prior to the
implementation of the Federal
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19:09 Apr 04, 2006
Jkt 208001
Communications Commission’s
Universal Licensing System (ULS) in
2001.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information includes: applications for
radiotelephone (wireless) operator’s
license or permit prior to the
implementation of the Federal
Communications Commission’s
Universal Licensing System in 2001,
and documents associated with these
applications.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 303(l), 303(m), and 318.
PURPOSE(S):
These archival records are used to:
1. Administer the Commission’s radio
operator program including applications
and determinations of license applicant
qualifications. Limited file materials
concerning licensed radio operators are
maintained in the FCC’s computer
database. The information in the license
database will be available for public
inspection.
2. Refer possible violations of law to
the Federal Communication
Commission’s (FCC) Enforcement
Bureau, Office of General Counsel
(OGC), and to the appropriate agency
charged with the responsibility of
investigating or prosecuting such
violation(s).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Public access—the licensee records
will be publicly available and routinely
used in accordance with Subsection b.
of the Privacy Act; ITIN Numbers and
material which is afforded confidential
treatment pursuant to a request made
under 47 CFR 0.459 will not be
available for public inspection;
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
PO 00000
Frm 00040
Fmt 4701
Sfmt 4703
Government is a party to litigation or
has an interest in such litigation;
3. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records;
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act;
6. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency—
disclosure may be made to a Federal,
State, local, or foreign agency
maintaining civil, criminal, or other
relevant enforcement records, or other
pertinent records, or to another public
authority or professional organization, if
necessary to obtain information relevant
to an investigation concerning the
retention of an employee or other
personnel action (other than hiring), the
retention of a security clearance, the
letting of a contract, or the issuance or
retention of a grant, or other benefit; and
7. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by other than the
agency—disclosure may be made to a
Federal, State, local, foreign, tribal, or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
records if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
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office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel or regulatory
action.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
system of records is exempt from
disclosing its contesting record
procedure for this system of records.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record sources for this
system of records.
EXEMPTION FROM CERTAIN PROVISIONS OF THE
ACT:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information is stored on microfilm
and in a computer database.
RETRIEVABILITY:
All records are retrievable by
applicant name.
SAFEGUARDS:
The microfilm is stored in file
cabinets that are secured at the close of
the business day. Access to the database
is secured by passwords. Data resident
on network servers are backed-up onto
magnetic media. Back-up tapes are
stored on-site and at an off-site storage
location.
RETENTION AND DISPOSAL:
Commercial applications are
destroyed when eleven years old.
Electronic records are destroyed
physically (electronic storage media) or
by electronic erasure. Both General and
Restricted Permit applications are
retained for 75 years.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Database Management Division,
Wireless Telecommunications Bureau
(WTB), Federal Communications
Commission (FCC), 1270 Fairfield Road,
Gettysburg, PA 17325.
This system of records is exempt from
sections (c)(3), (d), (e)(4)(G), (H), and (I),
and (f) of the Privacy Act of 1974, 5
U.S.C. 552a, and from 47 CFR 0.554–
0.557 of the Commission’s rules. These
provisions concern the notification,
record access, and contesting
procedures described above, and also
the publication of record sources. The
system is exempt from these provisions
because it contains the following types
of information:
1. Investigative material compiled for
law enforcement purposes as defined in
Section (k)(2) of the Privacy Act;
2. Properly classified information,
obtained from another Federal agency
during the course of a personnel
investigation, which pertains to national
defense and foreign policy, as stated in
Section (k)(1) of the Privacy Act; and
3. Investigative material compiled
solely for the purpose of determining
suitability, eligibility, or qualifications
for Federal civilian employment, as
described in Section (k)(5) of the
Privacy Act, as amended.
FCC/WTB–7
SYSTEM NAME:
Remedy Action Request System
(RARS).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its notification procedure for
this system of records.
Wireless Telecommunications Bureau
(WTB), Federal Communications
Commission (FCC), 445 12th Street,
SW., Washington, DC 20554.
RECORD ACCESS PROCEDURES:
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NOTIFICATION PROCEDURE:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
system of records is exempt from
disclosing its record access procedures
for this system of records.
Individuals requesting help using the
Universal Licensing System (ULS),
Automated Auctions System (AAS),
Antenna Registration System (ARS),
Commission Registration System
(CORES), and other subsystems
included in, or as part of, these systems.
CONTESTING RECORD PROCEDURE:
CATEGORIES OF RECORDS IN THE SYSTEM:
Under the authority granted to heads
of agencies by 5 U.S.C. 552a(k), the FCC
has determined (47 CFR 0.561) that this
Information in the Remedy Action
Response System (RARS) system
include:
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
PO 00000
Frm 00041
Fmt 4701
Sfmt 4703
17273
1. Requests for assistance by first
name, last name, telephone number and
extension, alternative telephone number
and extension, fax number, e-mail
address(es), operating system, Web
browser, FCC Registration Number
(FRN), and/or Individual Taxpayer
Identification Number (ITIN), and
personal security question and answer.
2. Records verifying identity
information by first name, last name,
contact telephone number, FRN and/or
ITIN, and personal security question
and answer.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sec. 151, 154, 258, 301, 303, 309(e),
312, 362, 364, 386, 507 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154, 226, 258,
301, 303, 309(e), 312, 362, 364, 386, 507;
and 29 U.S.C. 794 and 794d.
PURPOSE(S):
The Federal Communications
Commission (FCC) staff use the records
in this system of records to record and
process requests from individuals or
groups for technical help, i.e., technical
questions, password requests, etc., using
the FCC’s Internet-based computer
applications—licensing and auctions
systems. This software is used by FCC
management to ensure good customer
service and problem resolution.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Public access—records in this
system will be made available upon
request for public inspection after
redaction of information that could
identify the correspondent, i.e., name,
telephone number, ITIN, and e-mail
address. Limited public access to certain
records may be available via the
Internet. This information includes the
status of request, request ID number,
and the agent’s number who took the
call or electronic request for support.
Public users who have contacted FCC
personnel via telephone, e-mail, or
electronic submission may access the
system to retrieve a status on the ticket
assigned to their request. They will be
given this ticket/request number
generated by the Remedy Action
Request System (RARS) upon
submission of a request. This number
may be entered into the appropriate
field on the FCC Web site to check the
status of the ticket. Only the status of
that ticket will be released to the public
by entering the ticket number—no
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personal or confidential information is
available to the public;
2. Adjudication and Litigation—
where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law Enforcement and
Investigation—where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—when
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for
their own records; and
5. Government-wide Program
Management and Oversight—when
requested by the National Archives and
Records Administration for the purpose
of records management inspections
conducted under authority of 44 U.S.C.
VerDate Aug<31>2005
19:09 Apr 04, 2006
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2904 and 2906; when the U.S.
Department of Justice is contacted in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act; or
when the Office of Management and
Budget is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act;
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
in locked cabinets, which are secured in
the office at the close of the business
day. Data resident on network servers
are backed-up onto magnetic media,
which are kept locally and at an off-site
storage location.
RETENTION AND DISPOSAL:
Records are maintained for eleven
years after an individual ceases to be a
user of the system. Electronic records
are destroyed physically (electronic
storage media) or by electronic erasure.
SYSTEMS MANAGER(S) AND ADDRESS:
Chief, Wireless Telecommunications
Bureau (WTB), Federal Communications
Commission (FCC), 445 12th Street,
SW., Washington, DC 20554.
STORAGE:
NOTIFICATION PROCEDURE:
Paper copies of records in this system
are maintained in file folders, and
electronic files are located in computer
databases on the FCC internal secured
network.
Address inquiries to the system
manager.
RETRIEVABILITY:
Records may be retrieved by searching
electronically using a variety of
parameters including: name, entity
name, licensee, applicant or unlicensed
individual, call sign, file number,
problem type, FRN, ITIN, e-mail
address, or subject matter.
SAFEGUARDS:
Individual records may only be
retrieved by authorized FCC personnel
and contractors with a secured login ID
and password maintained in the
Remedy Action Request System (RARS)
system. Computer systems are stored
within secure areas. Records are stored
PO 00000
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Fmt 4701
Sfmt 4703
RECORD ACCESS PROCEDURES:
Address inquiries to the system
manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system
manager.
RECORD SOURCE CATEGORIES:
Information provided by RARS users
customers requesting assistance with
the FCC’s Internet based computer
licensing, auctions, and related systems
and subsystems.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 06–3082 Filed 4–4–06; 8:45 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 71, Number 65 (Wednesday, April 5, 2006)]
[Notices]
[Pages 17234-17274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3082]
[[Page 17233]]
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Part III
Federal Communications Commission
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Privacy Act Systems of Records; Notice
Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 /
Notices
[[Page 17234]]
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FEDERAL COMMUNICATIONS COMMISSION
Privacy Act Systems of Records
AGENCY: Federal Communications Commission (FCC).
ACTION: Notice; update of the FCC's Privacy Act systems of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and OMB Circular A-130, the FCC has
conducted required reviews of its systems of records and is publishing
this notice regarding its proposal to introduce ten new systems of
records, delete four old systems of records, and revise twenty-four
systems of records.
DATES: Any interested person may submit written comments concerning the
systems of records on or before May 5, 2006. The Office of Management
and Budget (OMB), which has oversight responsibility under the Privacy
Act to review the systems of records, may submit comments on or before
May 15, 2006. The proposed systems of records will be effective on May
15, 2006 unless the FCC receives comments that require a contrary
determination. The Commission will publish a document in the Federal
Register notifying the public if any changes are necessary.
ADDRESSES: Address comments to Les Smith, Office of Managing Director,
Room 1-A804, Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554, or via the Internet at Leslie.Smith@fcc.gov.
Comments can also be sent to the Kristy LaLonde, Policy Analyst, Office
of Information and Regulatory Affairs, Office of Management and Budget,
New Executive Office Building, 725 17th Street, NW., Washington, DC
20503, or via the Internet at Kristy--L.--LaLonde@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Les Smith, Office of Managing
Director, Room 1-A804, Federal Communications Commission (FCC), 445
12th Street, SW., Washington, DC 20554, (202) 418-0217, or via the
Internet at Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
the FCC has conducted a review of its Privacy Act systems of records
and has determined that it needs to introduce ten new systems of
records, to delete four systems of records that are out-of-date, and to
revise 24 systems of records. The Commission previously published one
or more of the FCC's systems of records at various times. These
publications may be viewed at the FCC's Privacy Act Web page: https://
www.fcc.gov/omd/privacyact/records-systems.html. With this notice, the
Commission is publishing the complete text of all of its systems
notices but two to provide a current, easily accessible compilation.
Information about the reasons for these proposed changes is noted
below:
NEW--ten new systems of records are proposed to cover information
that the FCC has begun to collect and maintain since the FCC last
published its inventory of systems of records. The proposed new systems
of records are:
FCC/CGB-2: Comment Filing System;
FCC/EB-3: Investigations and Hearings;
FCC/EB-4: Crisis Management Contacts;
FCC/OCBO-1: Small Business Contacts List;
FCC/OET-2: Equipment Authorization Records and Files;
FCC/OMD-11: Continuity of Operations Plan (COOP);
FCC/OMD-12: Integrated Library System (ILS) Records;
FCC/OMD-13: Data Quality Comments;
FCC/OMD-22: Equipment Loan Records; and
FCC/OWD-1: Reasonable Accommodation Requests.
REVISED--the other twenty-four systems of records are in need of
revision. There are five types of revisions: (1) Generalized edits to
make all of the FCC's systems of records easier to read and understand
through consistent style, formatting, and manner of presentation; (2)
improved compliance with 5 U.S.C. 552a(e)(1) by listing only statutes
and Executive Orders in the ``Authorities'' section of each system of
records; (3) renumbered and/or renamed systems of records to enhance
consistency and ease of understanding; (4) elaboration of the FCC's
routine uses by including even occasional routine uses; and (5)
additions or deletions to the substantive core of the system of
records.
In terms of which of these revision types apply:
(a) All 24 systems of records (FCC/EB-1; FCC/OET-1; FCC/OGC-3, 5,
and 6; FCC/OIG-1 and 2; FCC/OMD-2, 3, 6, 7, 9, and 14 through 21; and
FCC/WTB-1, 5, 6, and 7) were impacted by the general editorial and
consistency revisions described by revision types 1 and 2 above;
(b) Thirteen of the 24 systems of records were renumbered or
renamed (type 3 revisions). Eight of 12 were renumbered (FCC/OMD-14
through 21) due to the elimination of the FCC/Central numbering scheme.
Five systems of records (FCC/OGC-3 and 5; FCC/OMD-2 and 6; and FCC/WTB-
6) were renamed to bring greater clarity to the content of the system
of records;
(c) Sixteen of the 24 systems of records were revised to include
additional occasional routine uses. The systems of records that
underwent this type 4 revision were FCC/EB-1; FCC/OET-1; FCC/OGC-3, 5,
and 6; FCC/OIG-1 and 2; FCC/OMD-2, 3, 6, 7, 9, 15, 17, 19, and 21; and
FCC/WTB-1;
(d) Eleven of the 24 systems of records received substantive, core
changes to either provide information missing in previous versions of
the system of records (FCC/EB-1 and FCC/OMD-3), revise the list of
places at which the information is maintained (FCC/OMD-3 and 7), revise
the types of information covered by the system of records (FCC/OMD-6
and 20), or to revise the purposes of the system of records (FCC/OMD-7,
9, 15, 17, and 18).
DELETED--four systems of records are proposed for deletion for the
following reasons:
FCC/Central-5: Drug-Free Federal Workplace Program (duplicates OPM/
GOVT-10);
FCC/EB-2: State and Operational Areas Emergency Commissions Committee
Membership (duplicative of FCC/OMD-3);
FCC/OGC-2: Attorney Misconduct Files (no longer maintained); and
FCC/OMD-8: Revenue Accounting Management Information System (``RAMIS'')
(information from this system of records was combined with the revised
FCC/OMD-6).
The FCC has created a set of standardized routine uses that updates
and eliminates the variations in language that had characterized the
routine uses that were used previously in the systems of records. These
routines uses are as follows:
Adjudication and Litigation--where by careful review, the
agency determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the agency to be
for a purpose that is compatible with the purpose for which the agency
collected the records, these records may be used by a court or
adjudicative body in a proceeding when: (a) The agency or any component
thereof; or (b) any employee of the agency in his or her official
capacity; or (c) any employee of the agency in his or her individual
capacity where the agency has agreed to represent the employee; or (d)
the United States Government is a party to litigation or has an
interest in such litigation;
Committee communication and reporting--a record in this
system may be used to distribute information to members of each
committee for purposes of conducting meetings and general committee
business or to prepare reports on the membership and work of the
committee;
[[Page 17235]]
Compliance with Welfare Reform requirements--Names, Social
Security Numbers, home addresses, dates of birth, dates of hire,
quarterly earnings, employer identifying information, and state of hire
of employees may be disclosed to the Office of Child Support
Enforcement, Administration for Children and Families, Department of
Health and Human Services for the purposes of locating individuals to
establish paternity, establishing and modifying orders of child
support, identifying sources of income, and for other child support
enforcement actions as required by the Personal Responsibility and Work
Opportunity Reconciliation Act;
Congressional Inquiries--when requested by a Congressional
office in response to an inquiry by an individual made to the
Congressional office for their own records;
Emergency response--A record on an individual in this
system of records may be disclosed to emergency medical personnel,
e.g., doctors, nurses, and/or paramedics, or to law enforcement
officials in case of a medical or other emergency involving the FCC
employee without the subsequent notification to the individual
identified in 5 U.S.C. 552a (b)(8);
Employment, Clearances, Licensing, Contract, Grant, or
other Benefits Decisions by the agency--disclosure may be made to a
Federal, State, local, or foreign agency maintaining civil, criminal,
or other relevant enforcement records, or other pertinent records, or
to another public authority or professional organization, if necessary
to obtain information relevant to an investigation concerning the
retention of an employee or other personnel action (other than hiring),
the retention of a security clearance, the letting of a contract, or
the issuance or retention of a grant or other benefit;
Employment, Clearances, Licensing, Contract, Grant, or
other Benefits Decisions by other than the agency--disclosure may be
made to a Federal, State, local, foreign, tribal, or other public
authority of the fact that this system of records contains information
relevant to the retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance or retention of a
license, grant, or other benefit. The other agency or licensing
organization may then make a request supported by the written consent
of the individual for the entire records if it so chooses. No
disclosure will be made unless the information has been determined to
be sufficiently reliable to support a referral to another office within
the agency or to another Federal agency for criminal, civil,
administrative, personnel or regulatory action;
Enforcement--when a record in this system involves an
informal complaint filed against telecommunications providers, the
complaint may be forwarded to the defendant provider for a response,
pursuant to Section 208 of the Communications Act of 1934, as amended
and other applicable rules. When an order or other Commission-issued
document that includes consideration of informal complaints filed
against telecommunications providers is entered by the FCC to implement
or to enforce the Communications Act, pertinent rule, regulation, or
order of the FCC, the complainant's name may be made public in that
order or document. Where a complainant in filing his or her complaint
explicitly requests that the FCC withhold his or her name from public
disclosure, such a request will be granted and the complainant's name
will not be disclosed in the Commission-issued order or document.
Financial obligations under the Debt Collection Acts--a
record from this system may be disclosed to other Federal agencies for
the purpose of collecting and reporting on delinquent debts as
authorized by the Debt Collection Act of 1982 or the Debt Collection
Improvement Act of 1996. A record from this system may be disclosed to
any Federal, state, or local agency to conduct an authorized computer
matching program in compliance with the Privacy Act of 1974, as
amended, to identify and locate individuals who are delinquent in their
repayment of certain debts owed to the U.S. Government. A record from
this system may be used to prepare information on items considered
income for taxation purposes to be disclosed to Federal, state, and
local governments;
Financial Obligations as required by the National Finance
Center et al.--when the National Finance Center (the FCC's designated
payroll office), the Department of the Treasury Debt Management
Services, and/or a current employer to effect a salary, IRS tax refund,
or administrative offset to satisfy an indebtedness; and to Federal
agencies to identify and locate former employees for the purposes of
collecting such indebtedness, including through administrative, salary,
or tax refund offsets. Identifying and locating former employees, and
the subsequent referral to such agencies for offset purposes, may be
accomplished through authorized computer matching programs. Disclosures
will be made only when all procedural steps established by the Debt
Collection Act of 1982 and the Debt Collection Improvement Act of 1996
or the Computer Matching and Privacy Protection Act of 1988 as
appropriate, have been taken;
First Responders--a record from this system of records may
be disclosed to law enforcement officials, Department of Homeland
Security (DHS), Federal Emergency Management Agency (FEMA), Department
of Defense (DOD), National Telecommunications and Information
Administration (NTIA), White House Communications Agency, other federal
agencies, and state and local emergency response officials, e.g., fire,
safety, and rescue personnel, etc., and medical personnel, e.g.,
doctors, nurses, and paramedics, etc., in case of an emergency
situation at FCC facilities without the subsequent notification to the
individual identified in 5 U.S.C. 552a(b)(8);
Government-wide Program Management and Oversight--when
requested by the National Archives and Records Administration for the
purpose of records management inspections conducted under authority of
44 U.S.C. 2904 and 2906; when the U.S. Department of Justice is
contacted in order to obtain that department's advice regarding
disclosure obligations under the Freedom of Information Act; or when
the Office of Management and Budget is contacted in order to obtain
that office's advice regarding obligations under the Privacy Act.
Labor Relations--A record from this system may be
disclosed 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.
Law enforcement and Investigation--where there is an
indication of a violation or potential violation of a statute,
regulation, rule, or order, records from this system may be shared with
appropriate Federal, State, or local authorities either for purposes of
obtaining additional information relevant to a FCC decision or for
referring the record for investigation, enforcement, or prosecution by
another agency;
Program partner--when information is disclosed to the
Washington Metropolitan Area Transit Authority (WMATA) in connection
employees participating in their SmarTrip program (https://
www.wmata.com/riding/smartrip.cfm); and The FCC is unable to craft
standardized language for the Public
[[Page 17236]]
Access routine uses, which are employed in several systems of records.
This is because the diversity of circumstances for Public Access
disclosures in CGB-2, EB-1, OET-1, OET-2, OGC-5, OGC-6, OMD-3, OMD-6,
OMD-9, OMD-13, OMD-17, OMD-19, WTB-1, WTB-6, and WTB-7, vary too
greatly.
More detailed information on the proposed new and revised systems
of records may be viewed in the complete text below.
The FCC also notes that it will provide two further updates to its
systems of records in the future. First, prior to the full
implementation of Homeland Security Presidential Directive-12 (HSPD-12)
in October 2006, the Commission will publish the revised and renamed
FCC/Central-10, Access Control System, to address the changes related
to the implementation of HSPD-12 requirements to carry out the plan for
a government-wide set of identification and badging protocols for all
Federal employees, contractors, and visitors. Second, the Commission
will publish a revised and renamed FCC/CIB-1, Informal Complaints and
Inquiries, when the upgrades to this system of records are completed.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
FCC/CGB-2
SYSTEM NAME:
Comment Filing System (ECFS).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Chief, Consumer and Governmental Affairs Bureau, Room 5-C758,
Federal Communications Commission, 445 12th Street, SW., Washington, DC
20554 and 1270 Fairfield Road, Gettysburg, PA 17325.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have filed comments relative to Federal
Communications Commission (FCC) rulemakings and docketed proceedings or
other matters arising under the Communications Act of 1934, as amended,
and the Rehabilitation Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Comments received by the FCC, whether electronically through the
Electronic Comment Filing System (ECFS), via the Internet, e-mail,
mailed, or delivered by paper copy. This includes information provided
via FCC Forms 475 and 501.
2. The system also contains 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 arising
out of the conduct of administrative proceedings.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. Chapter 36; 47 U.S.C. 151 and 154; and Sections 504 and
508 of the Rehabilitation Act, 29 U.S.C. 794 et al.
PURPOSE(S):
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 its 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. Such a system also allows staff access to documents and
improves staff efficiency. Records in this system are available for
public inspection.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Additionally, information about individuals in this system of
records may routinely be disclosed under the following conditions:
1. Public Access--under the rules of the Commission, public
comments on rulemakings are routinely available to the public--unless
confidentiality is requested (47 CFR 0.459)--via either the
Commission's electronic comment filing system (ECFS) at https://
www.fcc.gov/cgb/ecfs/ or the public Reference Information Center (RIC)
at https://www.fcc.gov/cgb/ric.html;
2. Enforcement--when a record in this system involves an informal
complaint filed against telecommunications providers, the complaint may
be forwarded to the defendant provider for a response, pursuant to
Section 208 of the Communications Act of 1934, as amended, and other
applicable rules. When an order or other Commission-issued document
that includes consideration of informal complaints filed against
telecommunications providers is entered by the FCC to implement or to
enforce the Communications Act, pertinent rule, regulation, or order of
the FCC, the complainant's name may be made public in that order or
document. Where a complainant in filing his or her complaint explicitly
requests that the FCC withhold his or her name from public disclosure,
such a request will be granted and the complainant's name will not be
disclosed in the Commission-issued order or document;
3. Adjudication and Litigation--where by careful review, the agency
determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the agency to be
for a purpose that is compatible with the purpose for which the agency
collected the records, these records may be used by a court or
adjudicative body in a proceeding when: (a) The agency or any component
thereof; or (b) any employee of the agency in his or her official
capacity; or (c) any employee of the agency in his or her individual
capacity where the agency has agreed to represent the employee; or (d)
the United States Government is a party to litigation or has an
interest in such litigation;
4. Law enforcement and Investigation--where there is an indication
of a violation or potential violation of a statute, regulation, rule,
or order, records from this system may be shared with appropriate
Federal, State, or local authorities either for purposes of obtaining
additional information relevant to an FCC decision or for referring the
record for investigation, enforcement, or prosecution by another
agency;
5. Congressional Inquiries--when requested by a Congressional
office in response to an inquiry by an individual made to the
Congressional office for their own records; and
6. Government-wide Program Management and Oversight--when requested
by the National Archives and Records Administration for the purpose of
records management inspections conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S. Department of Justice is contacted in
order to obtain that department's advice regarding disclosure
obligations under the Freedom of Information Act; or when the Office of
Management and Budget is contacted in order to obtain that office's
advice regarding obligations under the Privacy Act.
In each of these cases, the FCC will determine whether disclosure
of the records is compatible with the purpose for which the records
were collected.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
[[Page 17237]]
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper copies of records in this system of records are maintained in
file folders. The electronic files are located in computer databases on
the FCC internal network.
RETRIEVABILITY:
Records are retrieved by individual name, entity name, rulemaking
number, and/or docket number.
SAFEGUARDS:
Records are available over the Internet 24 hours a day, seven days
a week. Paper copies representing one third of the records are
maintained in the Reference Information Center (RIC). Back-up of the
data in ECFS is the responsibility of the FCC's Information Technology
Center of the Office of Managing Director and is performed nightly.
RETENTION AND DISPOSAL:
The retention schedule for this system of records has not yet been
determined. No records will be destroyed until a disposal schedule is
approved by the National Archives and Records Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Reference Information Center, Consumer and Governmental
Affairs Bureau (CGB), Federal Communications Commission (FCC), 445 12th
Street, Room CY-B533, SW., Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system manager.
RECORD ACCESS PROCEDURES:
Address inquiries to the system manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system manager.
RECORD SOURCE CATEGORIES:
Commenters and subject entities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/EB-1
SYSTEM NAME:
Violators File.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Primary: Enforcement Bureau (EB), Room 7-C732, Federal
Communications Commission (EB), 445 12th Street, SW., Washington, DC
20554.
Secondary: Various field facilities. See Federal Communication
Commission (FCC) telephone directory for field office phone numbers.
The directory can be found at https://www.fcc.gov/fcc-bin/
findpeople.pl., or locate local FCC offices in commercial telephone
directory under ``U.S. Government.'' Information about FCC Field
Offices can also be found in 47 CFR 0.121 and 0.401. Field office
mailing addresses can also be found at https://www.fcc.gov/eb/
ddadd.html.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
1. Individuals who have been subjects of Federal Communications
Commission (FCC) field enforcement actions (monitoring, inspection,
and/or investigation) for violations of radio law, FCC Rules and
Regulations, or International Treaties; and
2. Licensees, applicants, and unlicensed persons under parts 80,
87, 90, 94, 95, and 97 of the FCC rules about whom there are questions
of compliance with the Commission's rules or the Communications Act of
1934, as amended.
CATEGORIES OF RECORDS IN THE SYSTEM:
Inspection reports, complaints, monitoring reports, investigative
cases, referral memos, correspondence, discrepancy notifications,
warning notices, and forfeiture actions.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 101, 102, 104, 301, 303, 309(e), 312, 315, 318, 362, 364,
386, 501, 502, 503, 507, and 510.
PURPOSE(S):
Records from this system are for:
1. Use in connection with the Commission's field enforcement
programs to determine levels of compliance among radio users; to issue
marine certificates of compliance; to document Commission monitoring
inspections and investigations for enforcement purposes; to provide a
basis for various administrative, civil, or criminal sanction actions
taken against violators by the EB or other appropriate Commission
bureaus or offices; and
2. A cross-reference, which prevents duplication of enforcement
actions, and tracking the progress of enforcement cases.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about individuals in this system of records may
routinely be disclosed under the following conditions:
1. Public access--copies of FCC enforcement actions are available
for public inspection via the Internet at https://www.fcc.gov/eb/, and
in the FCC's Reference Information Center at https://www.fcc.gov/cgb/
ric.html;
2. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by the agency--disclosure may be made to a Federal,
State, local, or foreign agency maintaining civil, criminal, or other
relevant enforcement records, other pertinent records, or to another
public authority or professional organization, if necessary to obtain
information relevant to an investigation concerning the retention of an
employee or other personnel action (other than hiring), the retention
of a security clearance, the letting of a contract, or the issuance or
retention of a grant or other benefit;
3. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by other than the agency--disclosure may be made to
a Federal, State, local, foreign, tribal, or other public authority of
the fact that this system of records contains information relevant to
the retention of an employee, the retention of a security clearance,
the letting of a contract, or the issuance or retention of a license,
grant, or other benefit. The other agency or licensing organization may
then make a request supported by the written consent of the individual
for the entire records if it so chooses. No disclosure will be made
unless the information has been determined to be sufficiently reliable
to support a referral to another office within the agency or to another
Federal agency for criminal, civil, administrative, personnel, or
regulatory action;
4. Adjudication and Litigation--where by careful review, the agency
determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the agency to be
for a purpose that is compatible with the purpose for which the agency
collected the records, these records may be used by a court or
adjudicative body in a proceeding when: (a) The agency or any component
thereof; or (b) any employee of the agency in his or her official
capacity; or (c) any employee of the agency in his or her individual
capacity where the agency has agreed to represent the employee; or (d)
the United States Government is a party to litigation or has an
interest in such litigation;
5. Law enforcement and investigation--where there is an indication
of a violation or potential violation of a statute, regulation, rule,
or order, records from this system may be
[[Page 17238]]
shared with appropriate Federal, State, or local authorities either for
purposes of obtaining additional information relevant to a FCC decision
or for referring the record for investigation, enforcement, or
prosecution by another agency;
6. Congressional inquiries--when requested by a Congressional
office in response to an inquiry by an individual made to the
Congressional office for their own records; and
7. Government-wide Program Management and Oversight--when requested
by the National Archives and Records Administration for the purpose of
records management inspections conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S. Department of Justice is contacted in
order to obtain that department's advice regarding disclosure
obligations under the Freedom of Information Act; or when the Office of
Management and Budget is contacted in order to obtain that office's
advice regarding obligations under the Privacy Act.
In each of these cases, the FCC will determine whether disclosure
of the records is compatible with the purpose for which the records
were collected.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system of records include both paper and electronic
records.
RETRIEVABILITY:
Records are retrieved primarily by case number. Under that
hierarchy an individual's name, address, and other identifying
information can be located.
SAFEGUARDS:
Paper records are maintained in file folders and stored in a secure
area. Access to files is limited to approved personnel. The electronic
records are maintained in computer databases, which are secured through
controlled access and passwords. The databases are backed-up routinely.
RETENTION AND DISPOSAL:
The retention schedule for this system of records has not yet been
determined. No records will be destroyed until a disposal schedule is
approved by the National Archives and Records Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Office of Management and Resources, Enforcement Bureau (EB), 7-
C732, Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR 0.561) that this system of
records is exempt from disclosing its notification procedure for this
system of records.
RECORD ACCESS PROCEDURES:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR 0.561) that this system of
records is exempt from disclosing its record access procedure for this
system of records.
CONTESTING RECORD PROCEDURE:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR 0.561) that this system of
records is exempt from disclosing its contesting record procedure for
this system of records.
RECORD SOURCE CATEGORIES:
Under the authority granted to heads of agencies by 5 U.S.C.
552a(k), the FCC has determined (47 CFR 0.561) that this system of
records is exempt from disclosing its record sources for this system of
records.
EXEMPTION FROM CERTAIN PROVISIONS OF THE ACT:
This system of records is exempt from sections (c)(3), (d),
(e)(4)(G), (H), and (I), and (f) of the Privacy Act of 1974, 5 U.S.C.
552a, and from 47 CFR 0.554--0.557 of the Commission's rules. These
provisions concern the notification, record access, and contesting
procedures described above, and also the publication of record sources.
The system is exempt from these provisions because it contains the
following types of information:
1. Investigative material compiled for law enforcement purposes as
defined in Section (k)(2) of the Privacy Act;
2. Properly classified information, obtained from another Federal
agency during the course of a personnel investigation, which pertains
to national defense and foreign policy, as stated in Section (k)(1) of
the Privacy Act; and
3. Investigative material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for Federal
civilian employment, as described in Section (k)(5) of the Privacy Act,
as amended.
FCC/EB-3
SYSTEM NAME:
Investigations and Hearings.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Investigations and Hearings Division, Enforcement Bureau (EB),
Federal Communications Commission (FCC), 4th Floor, 445 12th Street,
SW., Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have filed complaints against Federal
Communications Commission (FCC) licensees and regulatees.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Records are kept in an electronic database associated with this
system of records containing only the complainants' names.
2. Paper copies of complaints filed with and maintained by the FCC,
may contain information provided by complainants (e.g., complainants'
names, addresses, and telephone numbers). Forms that may be included in
this system of records include FCC Forms 475, 475B, 485, and 501.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 101, 102, 104, 301, 303, 309(e), 312, 315, 318, 362, 364,
386, 501, 502, 503, 507, and 510.
PURPOSE(S):
The information in the electronic database is used for tracking the
status of enforcement cases. The information in the paper files is
stored for reference in enforcement actions.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about individuals in this system of records may
routinely be disclosed under the following conditions:
1. Adjudication and Litigation--where by careful review, the agency
determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the agency to be
for a purpose that is compatible with the purpose for which the agency
collected the records, these records may be used by a court or
adjudicative body in a proceeding when: (a) The agency or any component
thereof; or (b) any employee of the agency in his or her official
capacity; or (c) any employee of the agency in his or her individual
capacity where the agency has agreed to represent the employee; or (d)
the United States Government is a party to litigation or has an
interest in such litigation;
2. Law enforcement and investigation--where there is an
[[Page 17239]]
indication of a violation or potential violation of a statute,
regulation, rule, or order, records from this system may be shared with
appropriate Federal, State, or local authorities either for purposes of
obtaining additional information relevant to a FCC decision or for
referring the record for investigation, enforcement, or prosecution by
another agency;
3. Congressional inquiries--when requested by a Congressional
office in response to an inquiry by an individual made to the
Congressional office for their own records; and
4. Government-wide Program Management and Oversight--when requested
by the National Archives and Records Administration for the purpose of
records management inspections conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S. Department of Justice is contacted in
order to obtain that department's advice regarding disclosure
obligations under the Freedom of Information Act; or when the Office of
Management and Budget is contacted in order to obtain that office's
advice regarding obligations under the Privacy Act.
In each of these cases, the FCC will determine whether disclosure
of the records is compatible with the purpose for which the records
were collected.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information is maintained in the electronic database and in paper
files.
RETRIEVABILITY:
Information in the electronic database information can be retrieved
by the complainant's name. Information in the central files can be
retrieved by a unique case number assigned to each case.
SAFEGUARDS:
Paper records are maintained in file cabinets that are secured at
the end of each business day. The file cabinets are located in non-
public areas. Access to information in the computer database is
restricted by use of passwords via terminals that are located in rooms
in non-public areas. The rooms are secured outside of business hours.
Data resident on network servers are routinely backed-up onto magnetic
media. Backup tapes are stored on-site in fireproof safes and at a
secure off-site storage location.
RETENTION AND DISPOSAL:
The retention schedule for this system of records has not yet been
determined. No records will be destroyed until a disposal schedule is
approved by the National Archives and Records Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Enforcement Bureau (EB), Federal Communications Commission
(FCC), 445 12th Street, SW., Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system manager.
RECORD SOURCE PROCEDURES:
Address inquiries to the system manager.
CONTESTING RECORD PROCEDURE:
Address inquiries to the system manager.
RECORD SOURCE CATEGORIES:
Complainant and subject entities.
EXEMPTIONS CLAIMS FOR THE SYSTEM:
None.
FCC/EB-4
SYSTEM NAME:
Crisis Management Contacts.
SECURITY CLASSIFICATION:
Unclassified (Non-Public, For Internal Use Only).
SYSTEM LOCATION:
Enforcement Bureau (EB), Federal Communications Commission (FCC),
445 12th Street, SW., Room 7-C732, Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Information includes FCC Employees, Federal Government points of
contact, State and Local Government points of contact, and
Communications Industry points of contact.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information includes FCC Employees, Federal Government points of
contact, State and Local Government points of contact, and
Communications Industry points of contact name(s), position title,
business telephone number, business cellphone number(s), business
pagers, and business address(es), and E-mail address(es), home
telephone number, personal cellphone number(s), pagers, and home E-mail
address(es) that are used by FCC crisis incident managers.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order (EO) 12472, Assignment of National Security and
Emergency Preparedness Telecommunications Functions, April 3, 1984; EO
12656, Assignment of Emergency Preparedness Responsibilities, November
18, 1988; Federal Preparedness Circular (FPC) 65, Federal Executive
Branch Continuity of Operations, June 15, 2004; FPC 66, Test, Training,
and Exercise (TT&E) Program and COOP, April 30, 2001; FPC 67,
Acquisition for Alternate Facilities for COOP, April 30, 2001 National
Security Presidential Decision Directive (NSPD) 1, Organization of the
National Security Council System, February 13, 2001; Presidential
Decision Directive (PDD) 67, Enduring Constitutional Government and
Continuity of Government Operations, October 21, 1998; and Homeland
Security Presidential Directive (PD) 3, March 11, 2002.
PURPOSE(S):
This information allows FCC crisis incident managers to coordinate
crisis response activities related to the telecommunications industry
and the functions of the FCC.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM:
Including information about individuals in this system of records
may routinely be disclosed under the following conditions:
1. First Responders--a record from this system of records may be
disclosed to law enforcement officials, Department of Homeland Security
(DHS), Federal Emergency Management Agency (FEMA), Department of
Defense (DOD), National Telecommunications and Information
Administration (NTIA), White House Communications Agency, other Federal
agencies, and state and local emergency response officials, e.g., fire,
safety, and rescue personnel, etc., and medical personnel, e.g.,
doctors, nurses, and paramedics, etc., in case of an emergency
situation at FCC facilities without the subsequent notification to the
individual identified in 5 U.S.C. 552a(b)(8);
2. Law enforcement and investigation--where there is an indication
of a violation or potential violation of a statute, regulation, rule,
or order, records from this system may be shared with appropriate
Federal, State, or local authorities either for purposes of obtaining
additional information relevant to a FCC decision or for referring the
record for investigation, enforcement, or prosecution by another
agency;
3. Congressional inquiries--when requested by a Congressional
office in response to an inquiry by an individual
[[Page 17240]]
made to the Congressional office for their own records; and
4. Government-wide Program Management and Oversight--when requested
by the National Archives and Records Administration for the purpose of
records management inspections conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S. Department of Justice is contacted in
order to obtain that department's advice regarding disclosure
obligations under the Freedom of Information Act; or when the Office of
Management and Budget is contacted in order to obtain that office's
advice regarding obligations under the Privacy Act.
In each of these cases, the FCC will determine whether disclosure
of the records is compatible with the purpose for which the records
were collected.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Electronic records are maintained in a network computer database.
RETRIEVABILITY:
Records are retrieved by the individual's name and/or organization.
SAFEGUARDS:
Electronic records are maintained in a network computer database,
which is secured through controlled access and password restricted to a
limited number of authorized FCC staff.
RETENTION AND DISPOSAL:
Records kept by the FCC are maintained and disposed of in
accordance with records schedules issued by the National Archives and
Records Administration (NARA). Individuals may request a copy of the
disposition instructions from the FCC Privacy Act Officer.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Enforcement Bureau (EB), Federal Communications Commission
(FCC), 445 12th Street, SW., Room 7-C732, Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system manager.
RECORD ACCESS PROCEDURE:
Address inquiries to the system manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system manager.
RECORD SOURCE CATEGORIES:
Address inquiries to the system manager.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OCBO-1
SYSTEM NAME:
Small Business Contacts Database.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Director, Office of Communications Business Opportunities (OCBO),
Federal Communications Commission (FCC), 445 12th Street, SW., Room 4-
A760 Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Information includes small, minority, and women-owned
communications' business owners and employees, as well as other
individuals who work or communicate with this segment of the
population.
CATEGORIES OF RECORDS IN THE SYSTEM:
Contact information, where available, such as the individual's
name, phone number(s), and address(es).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 151, 152, 155, 257, 303 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 152, 155, 257; and 5 U.S.C. 602(c) and
609(a)(3).
PURPOSE(S):
This system of records serves as a repository of contact
information that FCC employees use to further the FCC's outreach
mission to small, women, and minority-owned businesses.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about individuals in this system of records may
routinely be disclosed under the following conditions:
1. Adjudication and Litigation--where by careful review, the agency
determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the agency to be
for a purpose that is compatible with the purpose for which the agency
collected the records, these records may be used by a court or
adjudicative body in a proceeding when: (a) The agency or any component
thereof; or (b) any employee of the agency in his or her official
capacity; or (c) any employee of the agency in his or her individual
capacity where the agency has agreed to represent the employee; or (d)
the United States Government is a party to litigation or has an
interest in such litigation;
2. Law enforcement and Investigation--where there is an indication
of a violation or potential violation of a statute, regulation, rule,
or order, records from this system may be shared with appropriate
Federal, State, or local authorities either for purposes of obtaining
additional information relevant to a FCC decision or for referring the
record for investigation, enforcement, or prosecution by another
agency;
3. Congressional Inquiries--when requested by a Congressional
office in response to an inquiry by an individual made to the
Congressional office for their own records; and
4. Government-wide Program Management and Oversight--when requested
by the National Archives and Records Administration for the purpose of
records management inspections conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S. Department of Justice is contacted in
order to obtain that department's advice regarding disclosure
obligations under the Freedom of Information Act; or when the Office of
Management and Budget is contacted in order to obtain that office's
advice regarding obligations under the Privacy Act.
In each of these cases, the FCC will determine whether disclosure
of the records is compatible with the purpose for which the records
were collected.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
This is an electronic system of records that resides on the FCC's
internal storage servers, which are backed-up daily.
RETRIEVABILITY:
Records in this system of records can be retrieved by any category
field, e.g., first name or zip code.
SAFEGUARDS:
This system of records, which resides on the FCC's internal storage
servers, is protected by the FCC's firewall and appropriate-level
security protocols that prevent access to the system of records to all
but those needing access to the same.
[[Page 17241]]
RETENTION AND DISPOSAL:
The retention schedule for this system of records has not yet been
determined. No records will be destroyed until a disposal schedule is
approved by the National Archives and Records Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Allan K. Manuel, Chief of Staff, Office of Communications Business
Opportunities (OCBO), Federal Communications Commission (FCC), 445 12th
Street, SW., Room 4-A665, Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to system manager.
RECORD ACCESS PROCEDURES:
Address inquiries to system manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to system manager.
RECORD SOURCE CATEGORIES:
Information provided to the FCC by individuals and gathered during
the course of outreach activities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OET-1
SYSTEM NAME:
Experimental Radio Station License Files.
SECURITY CLASSIFICATION:
There is no specific security classification for this system;
however, data or records within the system may have national defense/
foreign policy classifications up through secret.
SYSTEM LOCATION:
Office of Engineering and Technology (OET), Federal Communications
Commission, 445 12th Street, SW., Room 7-A303, Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Those who have been granted a license to operate an experimental
radio station under Part 5 of the Federal Communications Commission's
(FCC) rules.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. This system includes the following FCC Forms, any supporting
exhibits submitted by the applicant(s), and related documentation:
(a) FCC Form 442, Application for a New or Modified Station;
(b) FCC Form 405, Application for Renewal of Station License;
(c) FCC Form 702, Application for Consent to Assignment of Radio
Station Construction Authorization or License;
(d) FCC Form 703, Application for Consent to Transfer Control of
Corporation Holding Station License; and
(e) Any supporting exhibits submitted by the applicant(s).
2. This system of records may include experimental project reports
submitted by the applicant as required by FCC rules, part 5.
3. The system also includes comments from other Commission bureaus
on interference potential of operation.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 308.
PURPOSE(S):
FCC employees use these records to determine:
1. An applicant's eligibility to operate a station in the
experimental radio service;
2. Interference potential to other radio services within the
Commission; and
3. If the project or experimentation is valid, as well as the
possible use in rulemakings.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about individuals in this system of records may
routinely be disclosed under the following conditions:
1. Public Access--information from this system may be disclosed to
other FCC bureaus, Federal agencies, or to the public, in response to a
request, in connection with new experimentation being conducted and the
impact that this experimentation may have on the public. The
information may not be disclosed if it is not routinely available for
public inspection under 47 CFR 0.457(d)(1)(ii) of the Commission's
rules, or a request that the information be given confidential
treatment is pending or has been granted under 47 CFR 0.459.
2. Adjudication and Litigation--where by careful review, the agency
determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the agency to be
for a purpose that is compatible with the purpose for which the agency
collected the records, these records may be used by a court or
adjudicative body in a proceeding when: (a) The agency or any component
thereof; or (b) any employee of the agency in his or her official
capacity; or (c) any employee of the agency in his or her individual
capacity where the agency has agreed to represent the employee; or (d)
the United States Government is a party to litigation or has an
interest in such litigation;
3. Law enforcement and Investigation--where there is an indication
of a violation or potential violation of a statute, regulation, rule,
or order, records from this system may be shared with appropriate
Federal, State, or local authorities either for purposes of obtaining
additional information relevant to a FCC decision or for referring the
record for investigation, enforcement, or prosecution by another
agency;
4. Congressional Inquiries--when requested by a Congressional
office in response to an inquiry by an individual made to the
Congressional office for their own records; and
5. Government-wide Program Management and Oversight--when requested
by the National Archives and Records Administration for the purpose of
records management inspections conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S. Department of Justice is contacted in
order to obtain that department's advice regarding disclosure
obligations under the Freedom of Information Act; or when the Office of
Management and Budget is contacted in order to obtain that office's
advice regarding obligations under the Privacy Act.
In each of these cases, the FCC will determine whether disclosure
of the records is compatible with the purpose for which the records
were collected.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information in this system of records includes paper records
maintained in file folders, electronically scanned images of paper
records, electronic records of data elements of both paper filed and
electronically filed applications, and electronic copies of licenses
granted after November 16, 1998. Per 47 CFR 5.55(b) all applications
for experimental licensing must be filed electronically via the
Internet.
RETRIEVABILITY:
Paper files are retrieved by license name. If there is more than
one station per licensee, then the files may also be 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 Reports World Wide Web electronic filing
and reporting site at https://gullfoss2.fcc.gov/prod/oet/cf/els/
index.cfm.
[[Page 17242]]
SAFEGUARDS:
All files are available to the public except files not routinely
available for public inspection as defined in 47 CFR 0.457(d)(1)(ii)
and files that have been submitted in compliance with the
confidentiality request requirements of 47 CFR 0.459. Files not
routinely available and files pending or granted confidentiality are
marked ``NOT FOR PUBLIC INSPECTION'' and may only be accessed by FCC
employees who have a need to know the information. Data resident on
network servers are backed-up routinely onto magnetic media. These
back-up tapes are stored both on-site and in secured off-site storage
locations.
RETENTION AND DISPOSAL:
These records are maintained for two years after expiration of the
license. They are then disposed by shredding. Electronic records are
destroyed physically (electronic storage media) or by electronic
erasure.
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Experimental Licensing Branch, Office of Engineering and
Technology (OET), Federal Communications Commission, 445 12th Street,
SW., Room 7-A267, Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the system manager.
RECORDS ACCESS PROCEDURES:
Address inquiries to the system manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system manager.
RECORD SOURCE CATEGORIES:
The majority of information in these records comes from individual
applicants. Other information comes from coordination with other FCC
bureaus and from data that are generated with the Spectrum Coordination
Branch during the normal processing of the application.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OET-2
SYSTEM NAME:
Equipment Authorization Records and Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of Engineering and Technology (OET), Laboratory Division,
Federal Communications Commission (FCC), 7435 Oakland Mills Road,
Columbia, MD 21046.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have applied for or been granted an authorization
to market equipment using the RF spectrum, in accordance with Part 2 of
the Federal Communications Commission's (FCC) rules.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. This system includes the following FCC Forms, any supporting
exhibits submitted by the applicant(s), and related documentation:
(a) FCC Form 731, Application for Equipment Authorization;
(b) Any supporting exhibits submitted by the applicant(s).
2. This system of records may include test reports and other
supporting documentation that demonstrates compliance with the
technical rules for licensed transmitters and unlicensed devices as
required by FCC Rules, parts 15 and 18.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 308.
PURPOSE(S):
These records are used to make a determination of compliance of
equipment proposed for marketing with the administrative and technical
requirements of the FCC as they relate to equipment using the RF
spectrum; and to determine the interference potential of equipment
proposed for marketing to equipment operating in both the licensed and
unlicensed radio services.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about individuals in this system of records may
routinely be disclosed under the following conditions:
1. Public access--information from this system on granted equipment
authorizations may be disclosed to the public if it is routinely
available for public inspection under 47 CFR 0.457(d)(1)(ii) and a
request has not been made or granted to give the information
confidential treatment under 47 CFR 0.459. Pending equipment
authorization requests are specifically excluded from disclosure prior
to the effective date of the authorization, as specified in
0.457(d)(1)(ii).
2. Adjudication and Litigation--where by careful review, the agency
determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the agency to be
for a purpose that is compatible with the purpose for which the agency
collected the records, these records may be used by a court or
adjudicative body in a proceeding when: (a) The agency or any component
thereof; or (b) any employee of the agency in his or her official
capacity; or (c) any employee of the agency in his or her individual
capacity where the agency has agreed to represent the employee; or (d)
the United States Government is a party to litigation or has an
interest in such litigation;
3. Law enforcement and Investigation--where there is an indication
of a violation or potential violation of a statute, regulation, rule,
or order, records from this system may be shared with appropriate
Federal, State, or local authorities either for purposes of obtaining
additional information relevant to an FCC decision or for referring the
record for investigation, enforcement, or prosecution by another
agency;
4. Congressional Inquiries--when requested by a Congressional
office in response to an inquiry by an individual made to the
Congressional office for their own records; and
5. Government-wide Program Management and Oversight--when requested
by the National Archives and Records Administration for the purpose of
records management inspections conducted under authority of 44 U.S.C.
2904 and 2906; when the U.S. Department of Justice is contacted in
order to obtain that department's advice regarding disclosure
obligations under the Freedom of Information Act; or when the Office of
Management and Budget is contacted in order to obtain that office's
advice regarding obligations under the Privacy Act.
In each case the FCC will determine whether disclosure of the
records is compatible with the purpose for which the records were
collected.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The equipment authorization database is the repository for all
electronically filed applications for equipment authorization and
associated information. Per 47 CFR 2.913(a), all applications for
equipment authorization must be filed electronically via the Internet.
[[Page 17243]]
RETRIEVABILITY:
Scanned images, electronic records of data elements, and electronic
copies of granted licenses may be retrieved from the OET Equipment
Authorization Electronic Filing World Wide Web site at https://
gullfoss2.fcc.gov/prod/oet/cf/eas/index.cfm by clicking on the desired
link in the Reports section on the left hand side of the page.
SAFEGUARDS:
All files are available to the public except files not routinely
made publicly available under 47 CFR 0.457 or those where a request for
confidentiality is pending or has been granted under 47 CFR 0.459.
Files which are not routinely made publicly available and those with a
pending or granted request for confidentiality may only be accessed by
Commission employees who have a need to know the information. Data
resident on the database server at the OET Laboratory are backed-up
routinely onto magnetic media. Back-up tapes are stored on-site and at
the FCC Headquarters location.
RETENTION AND DISPOSAL:
The retention schedule for this system of records has not yet been
determined. No records will be destroyed until a disposal schedule is
approved by the National Archives and Records Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Laboratory Division, Office of Engineering and Technology
(OET), Federal Communications Commission (FCC), 7435 Oakland Mills
Road, Columbia, MD 21046.
NOTIFICATION PROCEDURE:
Address inquiries to the system manager.
RECORDS ACCESS PROCEDURES:
Address inquiries to the system manager.
CONTESTING RECORD PROCEDURES:
Address inquiries to the system manager.
RECORD SOURCE CATEGORIES:
Information supplied by individuals wishing to receive equipment
authorization.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FCC/OGC-3
SYSTEM NAME:
Adjudication of Internal Complaints against Employees.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of General Counsel (OGC), Federal Communications Commission
(FCC), 445 12th Street, SW., Room 8-C743, Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any Federal Communications Commission (FCC) employee who is the
subject of a complaint investigation involving internal personnel
actions or activities, i.e., discrimination, grievance, political
activity, separation, or adverse action.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records involve internal personnel disputes that have reached the
hearing stage, and may include correspondence, memoranda, transcripts
of hearings, briefs, pleadings, investigative reports, and decisions of
hearing examiners and Commissioners.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301.
PURPOSE(S):
These records are used by staff attorneys in the General Counsel's
office in settlement negotiations with opposing parties; records are
also used in preparation for hearings before an administrative body or
a court of appropriate jurisdiction.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about individuals in this system of records may
routinely be disclosed under the following conditions:
1. Adjudication and Litigation--where by careful review, the agency
determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the agency to be
for a purpose that is compatible with the purpose for which the agency
collected the records, these records may be used by a court or
adjudicative body in a proceeding when: (a) The agency or any component
thereof; or (b) any employee of the agency in his or her official
capacity; or (c) any employee of the agency in his or her individual
capacity where the agency has agreed to represent the employee; or (d)
the