Privacy Act System of Records, 59978-59981 [E9-27665]
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In connection with the development of
the National Broadband Plan, the
Committee will also host a roundtable
discussion among consumer, regulatory,
and industry leaders regarding
consumer complaint resolution best
practices. The Committee may also
consider other consumer issues within
the jurisdiction of the Commission. A
limited amount of time on the agenda
will be available for oral comments from
the public. Meetings are open to the
public and are broadcast on the Internet
in Real Audio/Real Video format with
captioning at https://www.fcc.gov/cgb/
cac. Members of the public may address
the Committee or may send written
comments to: Scott Marshall,
Designated Federal Officer of the
Committee, at the address noted above.
The meeting site is fully accessible to
people using wheelchairs or other
mobility aids. Sign language
interpreters, open captioning, assistive
listening devices, and Braille copies of
the agenda and handouts will be
provided on site.
Simultaneous with the webcast, the
meeting will be available through
Accessible Event, a service that works
with your web browser to make
presentations accessible to people with
disabilities. You can listen to the audio
and use a screen reader to read
displayed documents. You can also
watch the video with open captioning.
Accessible Event is available at https://
accessibleevent.com. The web page
prompts for an Event Code, which is
005202376. To learn about the features
of Accessible Event, consult its User’s
Guide at https://accessibleevent.com/
doc/user_guide/.
Other reasonable accommodations for
people with disabilities are available
upon request. The request should
include a detailed description of the
accommodation needed and contact
information. Please provide as much
advance notice as possible; last minute
requests will be accepted, but may be
impossible to fill. Send an e-mail to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
Federal Communications Commission.
Thomas Wyatt,
Deputy Chief, Consumer & Governmental
Affairs Bureau.
[FR Doc. E9–27828 Filed 11–18–09; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications
Commission (FCC or Commission).
ACTION: Notice; one new Privacy Act
system of records.
SUMMARY: Pursuant to subsection (e)(4)
of the Privacy Act of 1974, as amended
(5 U.S.C. 552a), the FCC proposes to add
a new system of records, FCC/MB–1,
‘‘Ownership Report for Commercial
Broadcast Stations.’’ The FCC’s Media
Bureau (MB) will use the information
contained in FCC/MB–1 to administer
the FCC’s regulatory responsibilities
that relate to ownership of commercial
broadcast stations, including AM and
FM radio and television, as well as to
interests in daily newspapers that are
subject to the Commission’s media
ownership rules. The Commission uses
these records in this system:
To address the data contained in
responses to FCC Form 323,
‘‘Ownership Report for Commercial
Broadcast Stations,’’ which the
Commission uses to evaluate licensees’
or permittees’ compliance with the
Commission’s media ownership rules,
etc. This form is filed:
To satisfy the biennial filing
requirement (Biennial Ownership
Report);
As a validation or resubmission of a
previously filed Biennial Report;
In connection with the transfer of
control or assignment of a broadcast
station;
By a permittee (within 30 days of the
grant of a construction permit grant)
(‘‘Permittee Report’’) and on the date
that it files its license application;
As an update or certification of
accuracy of the initial Permittee Report;
or
As an amendment of a previously
filed Ownership Report.
To undertake studies of minority and
female ownership that support its
diversity policy goals and other
ownership studies to support its
statutory requirement to review the
media ownership goals quadrennially to
determine whether they are necessary in
the public interest as the result of
competition.
Any other uses of FCC Form 323
within the Commission’s authority.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (e)(11) of the Privacy Act
of 1974, as amended, any interested
person may submit written comments
concerning the routine uses of this
system on or before December 21, 2009.
Pursuant to Appendix I, 4(e) of OMB
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Circular A–130, the FCC is asking the
Office of Management and Budget
(OMB), which has oversight
responsibility under the Privacy Act, to
grant a waiver of the 40 day review
period by OMB, the House of
Representatives, and the Senate for this
system of records. The FCC is requesting
this waiver because the FCC has
obtained OMB approval for a revised
Form 323, which has been revised to
allow the form to be used as the basis
of studies of minority and female
ownership as well as ownership studies
to support the upcoming statutorily
required 2010 quadrennial review of the
Commission’s media ownership rules.
To allow trend studies to be undertaken,
the Commission has set a uniform date
as to when the information reported on
the form must be current, October 1 of
the applicable filing year. However,
because of time required to obtain OMB
approval, the Commission, on a onetime-only basis, changed the ‘‘as of’’
date to November 1, 2009. Public notice
of OMB approval of the revised Form
323 was published in the Federal
Register on October 30, 2009, and the
revised form became effective on that
date. The Commission has established a
deadline of December 15, 2009 by
which the form must be filed. The
Commission established a filing
deadline that is as early as possible so
that studies based on the data may be
commenced quickly. At the same time,
the Commission sought to provide as
much time as possible for the form to be
available before the filing date so that
the public has ample time to work with
the revised form.
The proposed new system of records
will become effective on December 21,
2009, unless the FCC receives comments
that require a contrary determination.
The FCC will publish a document in the
Federal Register notifying the public if
any changes are necessary. As required
by 5 U.S.C. 552a(r) of the Privacy Act of
1974, as amended, the FCC is
submitting reports on this proposed new
system to OMB and to both Houses of
Congress.
ADDRESSES: Address comments to Leslie
F. Smith, Privacy Analyst, Performance
Evaluation and Records Management
(PERM), Room 1–C216, Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554, (202) 418–0217, or via the
Internet at Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Leslie F. Smith, Performance Evaluation
and Records Management (PERM),
Room 1–C216, Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554, (202) 418–0217
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or via the Internet at
Leslie.Smith@fcc.gov.
and Budget with an opportunity to
comment.
As
required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and
(e)(11), this document sets forth notice
of the proposed new system of records
maintained by the FCC. This notice is a
summary of the more detailed
information about the proposed new
system of records, which may be viewed
at the location given above in the
ADDRESSES section. The purposes for
adding this new system of records, FCC/
MB–1, Ownership Report for
Commercial Broadcast Stations,’’ are to
enable the FCC’s Media Bureau (MB) to
administer the FCC’s regulatory
responsibilities that relate to ownership
of commercial broadcast stations,
including AM and FM radio and
television, as well as to interests in daily
newspapers that are subject to the
Commission’s media ownership rules.
The Commission uses these records in
this system:
(1) To address the data contained in
responses to FCC Form 323,
‘‘Ownership Report for Commercial
Broadcast Stations,’’ which the
Commission uses to evaluate licensees’
or permittees’ compliance with the
Commission’s media ownership rules,
etc. This form is filed:
(a) To satisfy the biennial filing
requirement (Biennial Ownership
Report);
(b) As a validation or resubmission of
a previously filed Biennial Report;
(c) In connection with the transfer of
control or assignment of a broadcast
station;
(d) By a permittee (within 30 days of
the grant of a construction permit grant)
(‘‘Permittee Report’’) and on the date
that it files its license application;
(e) As an update or certification of
accuracy of the initial Permittee Report;
or
(f) As an amendment of a previously
filed Ownership Report.
(2) To undertake studies of minority
and female ownership that support its
diversity policy goals and other
ownership studies to support its
statutory requirement to review the
media ownership goals quadrennially to
determine whether they are necessary in
the public interest as the result of
competition.
(3) Any other uses of FCC Form 323
within the Commission’s authority.
This notice meets the requirement
documenting the proposed new system
of records that is to be added to the
systems of records that the FCC
maintains, and provides the public,
Congress, and the Office of Management
FCC/MB–1
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SUPPLEMENTARY INFORMATION:
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SYSTEM NAME:
Ownership Report for Commercial
Broadcast Stations.
SECURITY CLASSIFICATION:
The FCC’s Security Operations Center
(SOC) has not assigned a security
classification to this system of records.
SYSTEM LOCATION:
Media Bureau (MB), Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
(1) Licensees, permittees, and
respondents, and other individuals or
entities with interests therein that are
required to be reported on the Form 323
(as described below) who must either
file FCC Form 323 or have their interests
reported on Form 323 under 47 CFR
73.3615, 73.6026, and 74.797;
(2) Contact individuals, e.g.,
representatives, relating to commercial
AM, FM, and TV broadcast stations,
and/or newspapers that are subject to
the Commission’s media ownership
rules, as required under 47 CFR
73.3555, etc.;
(3) Individuals with ownership or
attributable interests in media
companies subject to the Commission’s
ownership rules or otherwise required
to be reported on FCC Form 323;
(4) Individuals who are married to or
otherwise related, i.e., parent-child or
siblings, etc., to other individuals who
have attributable, reportable, and/or
ownership interests and who must
either file FCC Form 323 or have their
interests reported on FCC Form 323.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Information that is required to be
submitted on FCC Form 323,
‘‘Ownership Report for Commercial
Broadcast Stations,’’ including the
ownership or other interests of the
licensee/permittee/respondent, home
mailing address, home telephone
number, home e-mail address, listing
type, relationship to licensee/permittee/
respondent/other interest holder,
positional interest, marital/familial
relationship, and gender, ethnicity, race,
and citizenship, etc.;
(2) All exhibits, organizational charts,
correspondence, i.e., letters, etc.,
supporting documentation, and other
materials, etc., which are associated
with processing the FCC Form 323,
‘‘Ownership Report for Commercial
Broadcast Station,’’ submission(s); and
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(3) Any other records that are
submitted in connection with or created
as the result of the filing of FCC Form
323.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 CFR 73.3555, 73.3615, 73.6026,
and 74.797.
PURPOSES:
The records are kept to administer the
Federal Communications Commission’s
(FCC) regulatory responsibilities that
relate to ownership of commercial
broadcast stations, including AM and
FM radio and television, as well as to
interests in daily newspapers that are
subject to the Commission’s media
ownership rules. The Commission uses
these records in this system:
(1) To address the data contained in
responses to FCC Form 323,
‘‘Ownership Report for Commercial
Broadcast Stations,’’ which the
Commission uses to evaluate licensees’
or permittees’ compliance with the
Commission’s media ownership rules,
etc. This form is filed:
(a) To satisfy the biennial filing
requirement (Biennial Ownership
Report);
(b) As a validation or resubmission of
a previously filed Biennial Report;
(c) In connection with the transfer of
control or assignment of a broadcast
station;
(d) By a permittee (within 30 days of
the grant of a construction permit grant)
(‘‘Permittee Report’’) and on the date
that it files its license application;
(e) As an update or certification of
accuracy of the initial Permittee Report;
or
(f) As an amendment of a previously
filed Ownership Report.
(2) To undertake studies of minority
and female ownership that support its
diversity policy goals and other
ownership studies to support its
statutory requirement to review the
media ownership goals quadrennially to
determine whether they are necessary in
the public interest as the result of
competition.
(3) Any other uses of FCC Form 323
within the Commission’s authority.
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—under the rules of
the Commission, documents filed under
CDBS are publicly available;
2. Adjudication and Litigation—
where by careful review, the agency
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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. 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;
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
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that office’s advice regarding obligations
under the Privacy Act; and
7. Breach Notification—a record from
this system may be disclosed to
appropriate agencies, entities, and
persons when (1) the Commission
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Commission
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
Commission 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 Commission’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
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:
The Broadcast Station Ownership
database is the repository for all
electronically filed ownership reports
and associated information, including
exhibits (e.g., organizational charts,
appendices, scanned images, and all
other supplementary documents and
materials, etc.). All Form 323 filings
must be submitted electronically (e.g.,
paper copy filings are not acceptable)
via the Media Bureau Electronic Filing
system at: https://www.fcc.gov/mb/
elecfile.html.
holding the interest reported on Form
323. All ownership data can also be
downloaded via a set of files that
correspond to database tables from the
Media Bureau Public CDBS Database
Files Web site: https://www.fcc.gov/mb/
databases/cdbs. Information is retrieved
internally via database commands by
authorized FCC staff and contractors
who have been granted permission to
access the data.
SAFEGUARDS:
Information in these records and files
is available to the public via the FCC
Internet portal at: https://www.fcc.gov/
mb/elecfile.html. Access to the
ownership records housed in the CDBS
databases is restricted to authorized MB
supervisory and staff and ITC staff and
contractors. Other employees and
contractors may be granted access on a
‘‘need-to-know’’ basis. The CDBS
network computer databases are
protected by the FCC’s security
protocols, which include controlled
access, passwords, and other security
features. Information resident on the
CDBS database server is backed-up
routinely onto magnetic media. Back-up
tapes are stored on-site and at a secured
location.
RETENTION AND DISPOSAL:
The information in this system is
limited to electronic files, records, and
data, which includes:
(1) The information that pertains to
current filing requirements; and
(2) The information that pertains to
historical records, which is used for
archival purposes.
Until the National Archives and
Records Administration (NARA)
approves the retention and disposal
schedule, these records will be treated
as permanent.
SYSTEM MANAGER(S) AND ADDRESS(ES):
Address inquiries to the Media
Bureau (MB), Federal Communications
Commission (FCC), 445 12th Street,
SW., Washington, DC 20554.
RETRIEVABILITY:
NOTIFICATION PROCEDURE:
Information in this system is publicly
retrievable. The information may be
viewed via the ‘‘Public Access’’ Search
functionality in the Consolidated
Database System (CDBS) at: https://
www.fcc.gov/mb/elecfile.html by
clicking on the ‘‘Ownership Search’’
link. Information may be retrieved by
searching electronically using a variety
of parameters including the call sign,
facility ID number, service, file number,
application type, channel, frequency,
community of license city and state,
name of the licensee/permittee, or
name/address of the person or entity
Address inquiries to the Media
Bureau (MB), Federal Communications
Commission (FCC), 445 12th Street,
SW., Washington, DC 20554.
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RECORD ACCESS PROCEDURES:
Address inquiries to the Media
Bureau (MB), Federal Communications
Commission (FCC), 445 12th Street,
SW., Washington, DC 20554.
CONTESTING RECORD PROCEDURES:
Address inquiries to the Media
Bureau (MB), Federal Communications
Commission (FCC), 445 12th Street,
SW., Washington, DC 20554.
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Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Notices
RECORD SOURCE CATEGORIES:
of the Board of Governors. Comments
must be received not later than
December 2, 2009.
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690-1414:
1. Notice by White Bay Capital LLLP
(LLLP), Grand Rapids, Michigan, the
Stephen A. Van Andel 2009 WBC Trust
(Trust), Grand Rapids, Michigan, as the
general partner of LLLP, and Stephen A.
Van Andel, Grand Rapids, Michigan, as
trustee of Trust, to acquire voting shares
of Macatawa Bank Corporation,
Holland, Michigan, and thereby
indirectly acquire control of Macatawa
Bank, Holland, Michigan.
B. Federal Reserve Bank of San
Francisco (Tracy Basinger, Director,
Regional and Community Bank Group)
101 Market Street, San Francisco,
California 94105-1579:
1. Kenneth G. Walker Grantor Trust,
to acquire membership interest of
Palomar Enterprises, LLC, and thereby
together with other related parties,
control Palomar Enterprises, LLC which
controls Farmers and Merchants Bank,
all of Long Beach, California.
The sources for the information in
this system include all entities that are
required to file an ownership report,
either biennially or at other occasions,
under §§ 73.3615, 73.6026, and 74.797
of the Commission’s rules. These
entities include, but are not limited to:
(1) Licensees, permittees, and
respondents, and other individuals or
entities with interests therein that are
required to be reported on the Form 323
(as described below) who must either
file FCC Form 323 or have their interests
reported on Form 323 under 47 CFR
73.3615, 73.6026, and 74.797;
(2) Contact individuals, e.g.,
representatives, relating to commercial
AM, FM, and TV broadcast stations,
and/or newspapers that are subject to
the Commission’s media ownership
rules, as required under 47 CFR
73.3555, etc.;
(3) Individuals with ownership or
attributable interests in media
companies subject to the Commission’s
ownership rules or otherwise required
to be reported on FCC Form 323; and
(4) Individuals who are married to or
otherwise related, i.e., parent-child or
siblings, etc., to other individuals who
have attributable, reportable, and/or
ownership interests and who must
either file FCC Form 323 or have their
interests reported on FCC Form 323.
Board of Governors of the Federal Reserve
System, November 13, 2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E9–27694 Filed 11–18–09; 8:45 am]
EXEMPTIONS CLAIMED FOR THE SYSTEM:
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59981
will have practical utility; whether our
estimate of the public burden of this
collection of information is accurate and
based on valid assumptions and
methodology; and ways to enhance the
quality, utility, and clarity of the
information to be collected.
DATES: Submit comments on or before:
January 19, 2010.
FOR FURTHER INFORMATION CONTACT:
Tonya Beres, Federal Information
Specialist, Office of Citizen Services and
Communications, at telephone (202)
501–1803 or via e-mail to
tonya.beres@gsa.gov.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to the Regulatory Secretariat
(MVPR), General Services
Administration, 1800 F Street, NW.,
Room 4041, Washington, DC 20405.
Please cite OMB Control No. 3090–0278,
National Contact Center Customer
Evaluation Survey, in all
correspondence.
SUPPLEMENTARY INFORMATION:
A. Purpose
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9–27665 Filed 11–18–09; 8:45 am]
GENERAL SERVICES
ADMINISTRATION
This information collection will be
used to assess the public’s satisfaction
with the National Contact Center
service, to assist in increasing the
efficiency in responding to the public’s
need for Federal information, and to
assess the effectiveness of marketing
efforts.
[OMB Control No. 3090–0278]
B. Annual Reporting Burden
BILLING CODE 6712–01–P
National Contact Center; Information
Collection; National Contact Center
Customer Evaluation Survey
Respondents: 4,200.
Responses per Respondent: 1.
Hours per Response: .05 (3 minutes)
for phone survey, .066 (4 minutes) for
email survey, and .066 (4 minutes) for
chat survey.
Total Burden Hours: 270.
Obtaining Copies of Proposals:
Requesters may obtain a copy of the
information collection documents from
the General Services Administration,
Regulatory Secretariat (MVPR), 1800 F
Street, NW., Room 4041, Washington,
DC 20405, telephone (202) 501–4755.
Please cite OMB Control No. 3090–0278,
National Contact Center Customer
Evaluation Survey, in all
correspondence.
None.
FEDERAL RESERVE SYSTEM
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Change in Bank Control Notices;
Acquisition of Shares of Bank or Bank
Holding Companies
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire a bank or bank
holding company. The factors that are
considered in acting on the notices are
set forth in paragraph 7 of the Act (12
U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the office of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
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AGENCY: Citizen Services and
Communications, Federal Consumer
Information Center, GSA.
ACTION: Notice of request for comments
regarding a renewal to an existing OMB
clearance.
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35), the General Services
Administration will be submitting to the
Office of Management and Budget
(OMB) a request to review and approve
a renewal of a previously approved
information collection requirement
regarding the National Contact Center
customer evaluation survey. The
clearance currently expires on
December 31, 2009.
Public comments are particularly
invited on: Whether this collection of
information is necessary and whether it
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Dated: November 10, 2009.
Casey Coleman,
Chief Information Officer.
[FR Doc. E9–27842 Filed 11–18–09; 8:45 am]
BILLING CODE 6820–CX–P
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]]>Agencies
[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Notices]
[Pages 59978-59981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27665]
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FEDERAL COMMUNICATIONS COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications Commission (FCC or Commission).
ACTION: Notice; one new Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as
amended (5 U.S.C. 552a), the FCC proposes to add a new system of
records, FCC/MB-1, ``Ownership Report for Commercial Broadcast
Stations.'' The FCC's Media Bureau (MB) will use the information
contained in FCC/MB-1 to administer the FCC's regulatory
responsibilities that relate to ownership of commercial broadcast
stations, including AM and FM radio and television, as well as to
interests in daily newspapers that are subject to the Commission's
media ownership rules. The Commission uses these records in this
system:
To address the data contained in responses to FCC Form 323,
``Ownership Report for Commercial Broadcast Stations,'' which the
Commission uses to evaluate licensees' or permittees' compliance with
the Commission's media ownership rules, etc. This form is filed:
To satisfy the biennial filing requirement (Biennial Ownership
Report);
As a validation or resubmission of a previously filed Biennial
Report;
In connection with the transfer of control or assignment of a
broadcast station;
By a permittee (within 30 days of the grant of a construction
permit grant) (``Permittee Report'') and on the date that it files its
license application;
As an update or certification of accuracy of the initial Permittee
Report; or
As an amendment of a previously filed Ownership Report.
To undertake studies of minority and female ownership that support
its diversity policy goals and other ownership studies to support its
statutory requirement to review the media ownership goals quadrennially
to determine whether they are necessary in the public interest as the
result of competition.
Any other uses of FCC Form 323 within the Commission's authority.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (e)(11) of the
Privacy Act of 1974, as amended, any interested person may submit
written comments concerning the routine uses of this system on or
before December 21, 2009. Pursuant to Appendix I, 4(e) of OMB Circular
A-130, the FCC is asking the Office of Management and Budget (OMB),
which has oversight responsibility under the Privacy Act, to grant a
waiver of the 40 day review period by OMB, the House of
Representatives, and the Senate for this system of records. The FCC is
requesting this waiver because the FCC has obtained OMB approval for a
revised Form 323, which has been revised to allow the form to be used
as the basis of studies of minority and female ownership as well as
ownership studies to support the upcoming statutorily required 2010
quadrennial review of the Commission's media ownership rules. To allow
trend studies to be undertaken, the Commission has set a uniform date
as to when the information reported on the form must be current,
October 1 of the applicable filing year. However, because of time
required to obtain OMB approval, the Commission, on a one-time-only
basis, changed the ``as of'' date to November 1, 2009. Public notice of
OMB approval of the revised Form 323 was published in the Federal
Register on October 30, 2009, and the revised form became effective on
that date. The Commission has established a deadline of December 15,
2009 by which the form must be filed. The Commission established a
filing deadline that is as early as possible so that studies based on
the data may be commenced quickly. At the same time, the Commission
sought to provide as much time as possible for the form to be available
before the filing date so that the public has ample time to work with
the revised form.
The proposed new system of records will become effective on
December 21, 2009, unless the FCC receives comments that require a
contrary determination. The FCC will publish a document in the Federal
Register notifying the public if any changes are necessary. As required
by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, the FCC is
submitting reports on this proposed new system to OMB and to both
Houses of Congress.
ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst,
Performance Evaluation and Records Management (PERM), Room 1-C216,
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554, (202) 418-0217, or via the Internet at
Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, Performance
Evaluation and Records Management (PERM), Room 1-C216, Federal
Communications Commission, 445 12th Street, SW., Washington, DC 20554,
(202) 418-0217
[[Page 59979]]
or via the Internet at Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth
notice of the proposed new system of records maintained by the FCC.
This notice is a summary of the more detailed information about the
proposed new system of records, which may be viewed at the location
given above in the ADDRESSES section. The purposes for adding this new
system of records, FCC/MB-1, Ownership Report for Commercial Broadcast
Stations,'' are to enable the FCC's Media Bureau (MB) to administer the
FCC's regulatory responsibilities that relate to ownership of
commercial broadcast stations, including AM and FM radio and
television, as well as to interests in daily newspapers that are
subject to the Commission's media ownership rules. The Commission uses
these records in this system:
(1) To address the data contained in responses to FCC Form 323,
``Ownership Report for Commercial Broadcast Stations,'' which the
Commission uses to evaluate licensees' or permittees' compliance with
the Commission's media ownership rules, etc. This form is filed:
(a) To satisfy the biennial filing requirement (Biennial Ownership
Report);
(b) As a validation or resubmission of a previously filed Biennial
Report;
(c) In connection with the transfer of control or assignment of a
broadcast station;
(d) By a permittee (within 30 days of the grant of a construction
permit grant) (``Permittee Report'') and on the date that it files its
license application;
(e) As an update or certification of accuracy of the initial
Permittee Report; or
(f) As an amendment of a previously filed Ownership Report.
(2) To undertake studies of minority and female ownership that
support its diversity policy goals and other ownership studies to
support its statutory requirement to review the media ownership goals
quadrennially to determine whether they are necessary in the public
interest as the result of competition.
(3) Any other uses of FCC Form 323 within the Commission's
authority.
This notice meets the requirement documenting the proposed new
system of records that is to be added to the systems of records that
the FCC maintains, and provides the public, Congress, and the Office of
Management and Budget with an opportunity to comment.
FCC/MB-1
SYSTEM NAME:
Ownership Report for Commercial Broadcast Stations.
SECURITY CLASSIFICATION:
The FCC's Security Operations Center (SOC) has not assigned a
security classification to this system of records.
SYSTEM LOCATION:
Media Bureau (MB), Federal Communications Commission (FCC), 445
12th Street, SW., Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) Licensees, permittees, and respondents, and other individuals
or entities with interests therein that are required to be reported on
the Form 323 (as described below) who must either file FCC Form 323 or
have their interests reported on Form 323 under 47 CFR 73.3615,
73.6026, and 74.797;
(2) Contact individuals, e.g., representatives, relating to
commercial AM, FM, and TV broadcast stations, and/or newspapers that
are subject to the Commission's media ownership rules, as required
under 47 CFR 73.3555, etc.;
(3) Individuals with ownership or attributable interests in media
companies subject to the Commission's ownership rules or otherwise
required to be reported on FCC Form 323;
(4) Individuals who are married to or otherwise related, i.e.,
parent-child or siblings, etc., to other individuals who have
attributable, reportable, and/or ownership interests and who must
either file FCC Form 323 or have their interests reported on FCC Form
323.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Information that is required to be submitted on FCC Form 323,
``Ownership Report for Commercial Broadcast Stations,'' including the
ownership or other interests of the licensee/permittee/respondent, home
mailing address, home telephone number, home e-mail address, listing
type, relationship to licensee/permittee/respondent/other interest
holder, positional interest, marital/familial relationship, and gender,
ethnicity, race, and citizenship, etc.;
(2) All exhibits, organizational charts, correspondence, i.e.,
letters, etc., supporting documentation, and other materials, etc.,
which are associated with processing the FCC Form 323, ``Ownership
Report for Commercial Broadcast Station,'' submission(s); and
(3) Any other records that are submitted in connection with or
created as the result of the filing of FCC Form 323.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 CFR 73.3555, 73.3615, 73.6026, and 74.797.
PURPOSES:
The records are kept to administer the Federal Communications
Commission's (FCC) regulatory responsibilities that relate to ownership
of commercial broadcast stations, including AM and FM radio and
television, as well as to interests in daily newspapers that are
subject to the Commission's media ownership rules. The Commission uses
these records in this system:
(1) To address the data contained in responses to FCC Form 323,
``Ownership Report for Commercial Broadcast Stations,'' which the
Commission uses to evaluate licensees' or permittees' compliance with
the Commission's media ownership rules, etc. This form is filed:
(a) To satisfy the biennial filing requirement (Biennial Ownership
Report);
(b) As a validation or resubmission of a previously filed Biennial
Report;
(c) In connection with the transfer of control or assignment of a
broadcast station;
(d) By a permittee (within 30 days of the grant of a construction
permit grant) (``Permittee Report'') and on the date that it files its
license application;
(e) As an update or certification of accuracy of the initial
Permittee Report; or
(f) As an amendment of a previously filed Ownership Report.
(2) To undertake studies of minority and female ownership that
support its diversity policy goals and other ownership studies to
support its statutory requirement to review the media ownership goals
quadrennially to determine whether they are necessary in the public
interest as the result of competition.
(3) Any other uses of FCC Form 323 within the Commission's
authority.
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--under the rules of the Commission, documents
filed under CDBS are publicly available;
2. Adjudication and Litigation--where by careful review, the agency
[[Page 59980]]
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. 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;
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; and
7. Breach Notification--a record from this system may be disclosed
to appropriate agencies, entities, and persons when (1) the Commission
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) the
Commission 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 Commission 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 Commission's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
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:
The Broadcast Station Ownership database is the repository for all
electronically filed ownership reports and associated information,
including exhibits (e.g., organizational charts, appendices, scanned
images, and all other supplementary documents and materials, etc.). All
Form 323 filings must be submitted electronically (e.g., paper copy
filings are not acceptable) via the Media Bureau Electronic Filing
system at: https://www.fcc.gov/mb/elecfile.html.
RETRIEVABILITY:
Information in this system is publicly retrievable. The information
may be viewed via the ``Public Access'' Search functionality in the
Consolidated Database System (CDBS) at: https://www.fcc.gov/mb/elecfile.html by clicking on the ``Ownership Search'' link. Information
may be retrieved by searching electronically using a variety of
parameters including the call sign, facility ID number, service, file
number, application type, channel, frequency, community of license city
and state, name of the licensee/permittee, or name/address of the
person or entity holding the interest reported on Form 323. All
ownership data can also be downloaded via a set of files that
correspond to database tables from the Media Bureau Public CDBS
Database Files Web site: https://www.fcc.gov/mb/databases/cdbs.
Information is retrieved internally via database commands by authorized
FCC staff and contractors who have been granted permission to access
the data.
SAFEGUARDS:
Information in these records and files is available to the public
via the FCC Internet portal at: https://www.fcc.gov/mb/elecfile.html.
Access to the ownership records housed in the CDBS databases is
restricted to authorized MB supervisory and staff and ITC staff and
contractors. Other employees and contractors may be granted access on a
``need-to-know'' basis. The CDBS network computer databases are
protected by the FCC's security protocols, which include controlled
access, passwords, and other security features. Information resident on
the CDBS database server is backed-up routinely onto magnetic media.
Back-up tapes are stored on-site and at a secured location.
RETENTION AND DISPOSAL:
The information in this system is limited to electronic files,
records, and data, which includes:
(1) The information that pertains to current filing requirements;
and
(2) The information that pertains to historical records, which is
used for archival purposes.
Until the National Archives and Records Administration (NARA)
approves the retention and disposal schedule, these records will be
treated as permanent.
SYSTEM MANAGER(S) AND ADDRESS(ES):
Address inquiries to the Media Bureau (MB), Federal Communications
Commission (FCC), 445 12th Street, SW., Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the Media Bureau (MB), Federal Communications
Commission (FCC), 445 12th Street, SW., Washington, DC 20554.
RECORD ACCESS PROCEDURES:
Address inquiries to the Media Bureau (MB), Federal Communications
Commission (FCC), 445 12th Street, SW., Washington, DC 20554.
CONTESTING RECORD PROCEDURES:
Address inquiries to the Media Bureau (MB), Federal Communications
Commission (FCC), 445 12th Street, SW., Washington, DC 20554.
[[Page 59981]]
RECORD SOURCE CATEGORIES:
The sources for the information in this system include all entities
that are required to file an ownership report, either biennially or at
other occasions, under Sec. Sec. 73.3615, 73.6026, and 74.797 of the
Commission's rules. These entities include, but are not limited to:
(1) Licensees, permittees, and respondents, and other individuals
or entities with interests therein that are required to be reported on
the Form 323 (as described below) who must either file FCC Form 323 or
have their interests reported on Form 323 under 47 CFR 73.3615,
73.6026, and 74.797;
(2) Contact individuals, e.g., representatives, relating to
commercial AM, FM, and TV broadcast stations, and/or newspapers that
are subject to the Commission's media ownership rules, as required
under 47 CFR 73.3555, etc.;
(3) Individuals with ownership or attributable interests in media
companies subject to the Commission's ownership rules or otherwise
required to be reported on FCC Form 323; and
(4) Individuals who are married to or otherwise related, i.e.,
parent-child or siblings, etc., to other individuals who have
attributable, reportable, and/or ownership interests and who must
either file FCC Form 323 or have their interests reported on FCC Form
323.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-27665 Filed 11-18-09; 8:45 am]
BILLING CODE 6712-01-P
