Privacy Act of 1974; System of Records, 65943-65944 [E7-22951]

Agencies

• DEPARTMENT OF COMMERCE
• National Telecommunications and Information Administration

[Federal Register Volume 72, Number 226 (Monday, November 26, 2007)]
[Notices]
[Pages 65943-65944]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22951]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

Docket No. 071018612-7613-01


Privacy Act of 1974; System of Records

AGENCY: National Telecommunications and Information Administration 
(NTIA), Department of Commerce

ACTION: Notice of a New Privacy Act System of Records: COMMERCE/NTIA-1, 
Applications Related to Coupons for Digital-to-Analog Converter Boxes

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SUMMARY: This notice announces the Department of Commerce's 
(Department) proposal for a new system of records under the Privacy 
Act. The National Telecommunications and Information Administration 
(NTIA) is creating a new system of records for applications related to 
coupons for the Digital-to-Analog Converter Box program. Information 
will be collected from individuals under the authority of Title III of 
the Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120 Stat. 4, 21 
(Feb. 8, 2006) (hereinafter ``the Act'') and pursuant to regulations 
published by NTIA in 47 C.F.R. Sec.  301. This new system of records is 
necessary to identify those households that qualify for and receive 
coupons towards the purchase of a digital-to-analog converter box.

DATES: To be considered, written comments must be submitted on or 
before December 26, 2007. Unless comments are received, the new system 
of records will become effective as proposed on the date of publication 
of a subsequent notice in the Federal Register.

ADDRESSES: Written comments may be mailed to Stacy Cheney, Attorney-
Advisor, Office of the Chief Counsel, National Telecommunications and 
Information Administration, Room 4713, 1401 Constitution Avenue, N.W., 
Washington, DC 20231. Paper submissions should also include on a three 
and one-half inch computer diskette an electronic version of the 
comments in HTML, ASCII, Word, or WordPerfect format. Diskettes should 
be labeled with the name and organizational affiliation of the filer, 
and the name of the word processing program (and version) used to 
create the document. In the alternative, comments may be submitted 
electronically to the following electronic mail address: sor-
comments@ntia.doc.gov. Comments submitted via electronic mail also 
should be submitted in one or more of the formats specified above. 
Comments will be posted on NTIA's website at www.ntia.doc.gov/.

FOR FURTHER INFORMATION CONTACT: Stacy Cheney, Attorney-Advisor, Office 
of the Chief Counsel, National Telecommunications and Information 
Administration, Room 4713, 1401 Constitution Avenue, N.W., Washington, 
DC 20231.

SUPPLEMENTARY INFORMATION: NTIA is creating a new system of records for 
applications related to coupons for the Digital-to-Analog Converter Box 
program. The Digital Television and Public Safety Act of 2005 provides 
that households may receive coupons towards the purchase of digital-to-
analog converter boxes by making a request as required by Section 301 
of NTIA's regulations. 47 C.F.R. Sec.  301. The regulations permit 
households to request these coupons through an application process. 
Converter boxes are an option for consumers who wish to continue 
receiving full-power broadcast programming over the air using analog-
only television sets after February 17, 2009 the date the law requires 
full-power television stations to cease analog broadcasting. Without 
converter boxes, consumers with analog-only television sets not served 
by cable, satellite, or other pay service will be unable to view 
digital television broadcasts over the air.
    To help consumers who wish to continue receiving over-the-air 
broadcast programming using analog-only televisions not connected to 
cable or satellite service, Congress passed the Act which authorized 
NTIA to create a digital-to-analog converter box assistance program. 
The Act states that, as part of the program, eligible U.S. households 
may obtain no more than two coupons worth $40 each to apply towards the 
purchase of CECBs. To implement the Act's requirements, NTIA published 
regulations in 47 C.F.R. Sec.  301 setting forth the household 
application process.
    To support effective implementation of the program, the Act and the 
regulations require certain information to be collected from households 
that request coupons. Personally identifiable information will be 
collected. The personal information collected is pertinent to the 
implementation of the coupon program and will only be used for the 
coupon program. See 47 C.F.R. Sec.  301.

COMMERCE/NTIA-1

    System Name: Applications Related to Coupons for Digital-to-Analog 
Converter Boxes
    Security Classification: None.
    System Locations: Converter Box Applicants' Household Information 
will be maintained by NTIA's Contractor, International Business 
Machines (IBM) at its Place(s) of Performance: Kansas City, KS; 
Wichita, KS; and Beverton, OR.
    Categories of Individuals Covered by the System: Households.
    Categories of Records in the System --The following information is 
collected and/or maintained by NTIA and/or its Contractor: Households. 
47 C.F.R. Sec.  301 requires consumers to submit an application to 
NTIA's Contractor that contains the following information to 
demonstrate the household's eligibility to receive a digital-to-analog 
converter box coupon: (1) name; (2) address; (3) the number of coupons 
requested; and (4) a certification as to whether the household receives 
cable, satellite, or other pay television.
    Authorities for Maintenance of the System: Title III of the Deficit 
Reduction Act of 2005, Pub. L. No. 109-171, 120 Stat. 4, 21 (Feb. 8, 
2006).
    Purposes(s): The information is being collected from requesting 
households so that NTIA may provide the coupons to eligible households 
via the U.S. Postal Service, as required by the statute. This 
information is pertinent to the success of the Digital-to-Analog 
Converter Box program as required by the Act.
    Routine Uses of Records Maintained in the System, Including 
Categories of Users and the Purpose of Such Uses:
    These records may be disclosed as follows:
    1. In the event that a system of records maintained by the 
Department to carry out its functions indicates a violation or 
potential violation of law or contract, whether civil, criminal or 
regulatory in nature and whether arising by general statute or 
particular program statute or contract, or rule, regulation or order 
issued pursuant thereto, or the necessity to protect an interest of the 
Department, the relevant records in the system of records may be 
referred to the

[[Page 65944]]

appropriate agency, whether Federal, State, local or foreign, charged 
with the responsibility of investigating or prosecuting such violation 
or charged with enforcing or implementing the statute or contract, or 
rule, regulation or order issued pursuant thereto, or protecting the 
interest of the Department.
    2. A record from this system of records may be disclosed as a 
routine use to a Federal, State, or local agency maintaining civil, 
criminal, or other relevant enforcement information or other pertinent 
information, such as current licenses, if necessary, to obtain 
information relevant to a Department decision concerning the 
assignment, hiring or retention of an individual, the issuance of a 
security clearance, the letting of a contract, or the issuance of a 
license, grant or other benefit.
    3. A record from this system of records may be disclosed in the 
course of presenting evidence to a court, magistrate or administrative 
tribunal, including disclosures to opposing counsel in the course of 
settlement negotiations.
    4. A record in this system of records may be disclosed to a Member 
of Congress submitting a request involving an individual when the 
individual has requested assistance from the Member with respect to the 
subject matter of the record.
    5. A record in this system of records may be disclosed as a routine 
use to the Office of Management and Budget in connection with the 
review of private relief legislation as set forth in OMB Circular No. 
A-19 at any stage of the legislative coordination and clearance process 
as set forth in that Circular.
    6. A record in this system of records may be disclosed to the 
Department of Justice in connection with determining whether the 
Freedom of Information Act (5 U.S.C. Sec.  552) requires disclosure 
thereof.
    7. A record in this system of records may be disclosed as a routine 
use to a contractor of the Department having need for the information 
in the performance of the contract, but not operating a system of 
records within the meaning of 5 U.S.C. Sec.  552a(m).
    8. A record in this system of records may be disclosed to 
appropriate agencies, entities, and persons when (1) it is suspected or 
confirmed that the security or confidentiality of information in the 
system of records has been compromised; (2) the Department has 
determined that, as a result of the suspected or confirmed compromise, 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of this system or 
other systems or programs (whether maintained by the Department or 
another agency or entity) that rely upon the compromised information; 
and (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm.
    Policies and Practices for Storing, Retrieving, Accessing, 
Retaining and Disposing of Records in the System:
    1. Storage: Computerized database; CDs, and paper records are 
stored in file folders in locked metal cabinets and/or locked rooms.
    2. Retrievability: Records are organized and retrieved by NTIA's 
Contractor using an internal identification number or the name of the 
applicant consumer; however, records can be accessed by any file 
element or any combination thereof.
    3. Safeguards: The system of records is stored in a building with 
doors that are locked during and after business hours. Visitors to the 
facility must register with security guards and must be accompanied by 
Federal or authorized Contractor personnel, as applicable, at all 
times. Records are stored in a locked room and/or a locked file 
cabinet. Electronic records containing Privacy Act information are 
protected by a user identification/password. The user identification/
password is issued to individuals as authorized by authorized 
personnel.
    All electronic information collected and/or disseminated by NTIA's 
Contractor adheres to the following Federal Laws, Regulations, Acts, 
Executive Orders, Special Publications, Guidelines, DOC/NTIA Directives 
and Policies: DOC's IT Security Program Policy and Minimum 
Implementation Standards; DOC Information Technology Management 
Handbook; Appendix III, Security of Automated Information Resources, 
OMB Circular A-130; the Computer Security Act of 1987 (Pub. L. No. 100-
235); DOC Security Manual, Chapter 18; Executive Order 12958, as 
amended; the Federal Information Security Reform Act of 2002 (Pub. L. 
No. 107-347); NIST SP 800-18, Guide for Developing Security Plans for 
Federal Information Systems; NIST SP 800-26, Security Self-Assessment 
Guide for Information Technology Systems; NIST SP 800-53, Recommended 
Security Controls for Federal Information Systems; and DOC Procedures 
and Guidelines in the Information Technology Management Handbook.
    4. Retention and Disposal: All records are retained and disposed of 
in accordance with National Archive and Records Administration 
regulations (36 C.F.R. Chapter XII, Subchapter B - Records Management); 
Departmental directives and comprehensive records schedules.
    System Manager(s) and Addresses: Anita Wallgren, NTIA, 1401 
Constitution Avenue N.W., Room 4809, Washington, DC 20231.
    Notification Procedure: Individuals seeking to determine whether 
information about themselves is contained in this system should address 
written inquiries to the System Manager listed above. Written requests 
must be signed by the requesting individual. Requestor must make the 
request in writing and provide his/her name, address, and date of the 
request and record sought. All such requests must comply with the 
inquiry provisions of the Department's Privacy Act rules which appear 
at 15 C.F.R. Part 4, Appendix A.
    Record Access Procedures: Requests for access to records maintained 
in this system of records should be addressed to the same address given 
in the Notification section above. Note: Complete records for joint 
applications are made accessible to each applicant upon his/her 
request.
    Contesting Record Procedures: The Department's rules for access, 
for contesting contents, and appealing initial determinations by the 
individual or entity concerned are provided for in 15 C.F.R. Part 4, 
Appendix A.
    Record Source Categories: Information in this system will be 
collected from individuals applying for assistance or from an entity 
supplying related documentation regarding a certification.
    Exemption Claims for System: None.

    Dated: November 20, 2007.
Brenda Dolan,
Freedom of Information/Privacy Act Officer, U.S. Department of 
Commerce.
[FR Doc. E7-22951 Filed 11-23-07; 8:45 am]
BILLING CODE 3510-60-S