Privacy Act System of Records, 73535-73538 [2013-29172]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Notices]
[Pages 73535-73538]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29172]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act System of Records

AGENCY: Federal Communications Commission (FCC or Commission or Agency)

ACTION: Notice; one new Privacy Act system of records.

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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/WCB-1, ``Lifeline Program.'' The FCC's Wireline 
Competition Bureau (WCB) will use the information contained in FCC/WCB-
1 to cover the personally identifiable information (PII) that is 
required as part of the Lifeline Program (``Lifeline''). The Lifeline 
Program provides discounts for voice telephony service (i.e., telephone 
service) to qualifying low-income households (i.e., individuals 
residing in a single household). Individuals may qualify for Lifeline 
through proof of income or participation in another qualifying program. 
Since the Telecommunications Act of 1996 (1996 Act), the Lifeline 
Program has been administered by the Universal Service Administrative 
Company (USAC) under Commission direction. USAC will maintain the 
databases containing consumer PII that are necessary to eliminate 
waste, fraud, and abuse in the Lifeline Program.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (e)(11) of the 
Privacy Act, as amended, any interested person may submit written 
comments concerning this new system of records on or before January 6, 
2014. The Administrator, Office of Information and Regulatory Affairs 
(OIRA), Office of Management and Budget (OMB), which has oversight 
responsibility under the Privacy Act to review the system of records, 
and Congress may submit comments on or before January 15, 2014. The 
proposed new system of records will become effective on January 15, 
2014 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. As required 
by 5 U.S.C. 552a(r) of the

[[Page 73536]]

Privacy Act, the FCC is submitting reports on this proposed new system 
to OMB and 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, 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 (FCC), 445 12th Street SW., Washington, DC 
20554, (202) 418-0217, 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 obtained or viewed 
pursuant to the contact and location information given above in the 
ADDRESSES section. The purpose for establishing this new system of 
records, FCC/WCB-1, ``Lifeline Program'' is to cover the PII in the 
Commission's Lifeline Program. The Lifeline Program serves low-income 
individuals by providing qualifying individuals (i.e., all individuals 
in a single household) with discounts on voice telephony service.
    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, OMB, and Congress with an 
opportunity to comment.
FCC/WCB-1

SYSTEM NAME:
    Lifeline Program

SECURITY CLASSIFICATION:
    The FCC's Security Operations Center (SOC) has not assigned a 
security classification to this system of records.

SYSTEM LOCATION(S):
    Universal Service Administrative Company (USAC)/Contractor Server 
Address:
    Universal Service Administrative Company (USAC), 2000 L St. NW., 
Suite 200, Washington, DC 20036; and Federal Communications Commission 
(FCC), 445 12th Street SW., Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals in this system include those 
individuals (residing in a single household) who have applied for 
benefits; are currently receiving benefits; are minors whose status 
qualifies a parent or guardian for benefits; or who have received 
benefits under the Lifeline Program, which serves low-income 
individuals by providing these qualifying individuals with discounts on 
telephone service for their household.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the system include, but are not 
limited to: The individual's name, residential address, date of birth, 
last four digits of social security number, tribal identification 
number, telephone number, means of qualification for Lifeline (i.e., 
income or relevant program participation), Lifeline service initiation 
date and termination date, amount of Lifeline support received per 
month, date of the provision of Link-Up support (if applicable).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 151-154, 201-205, 214, 254, 403. 47 CFR 54.404-54.410.

PURPOSE(S):
    The Lifeline Program provides discounts for voice telephony 
service, and the initial connection charge in tribal areas to support 
such service, to qualifying low-income individuals (i.e., one Lifeline 
telephone service per household). Individuals may qualify for Lifeline 
through proof of income or proof of participation in another qualifying 
program. The Lifeline Program system of records covers the PII that the 
Eligible Telecommunications Carriers (ETCs) must provide to prevent the 
individuals in a single household from receiving more than one Lifeline 
Program benefit, as required by 47 CFR 54.404 and 54.410. The Lifeline 
Program system of records also covers the PII that enables USAC to 
recertify the eligibility of current Lifeline Program subscribers of 
ETCs who have elected this option, as required by 47 CFR 54.410. The 
PII in WCB-1 will include:
    1. The information that is used to determine whether an individual 
in a household, who is applying for a Lifeline Program benefit, is 
already receiving a Lifeline Program benefit from one or more 
providers. In order to determine if this information is in fact 
accurate, the information is confirmed with a third-party verification 
service not in the control of USAC or the Commission;
    2. The information that ETCs that elect to have USAC recertify 
their Lifeline subscribers. These ETCs must provide USAC with a 
subscriber list containing PII that includes the first name, last name, 
address, Lifeline telephone number, date of birth, and last four digits 
of social security number for each subscriber; and
    3. The information that is contained in the records of the 
inquiries that the ETCs will make to the Lifeline Program contractor's 
call center to verify that an individual is eligible to participate in 
the Lifeline Program. USAC will designate a third party contractor to 
establish this call center as part of USAC's ``exception management 
practices.'' The contractor will operate this call center, which 
individuals may use who are seeking to participate in or are already 
participating in the Lifeline Program. These individuals may call the 
center to ensure that they have not been improperly denied access to 
Lifeline Program benefits through the verification process. Any 
information generated by these inquiries will constitute a separate, 
distinct database, which will include, but is not limited to, 
recordings of live agent calls to be stored for 30 days from the date 
of the call, identity of the user initiating the request, brief 
description of the request, type of request, identification of the 
USAC-approved script used in responding to the request, resolution 
status, and whether the request was escalated (i.e., if the agents 
escalates the issue to the agent's manager or USAC program personnel). 
This information will be used, among other things, to verify the 
accuracy of the information stored in the Lifeline system (i.e., to 
determine the accuracy of the PII provided by the ETC.) Records in the 
Lifeline system are available for public inspection after redaction of 
information that could identify the individual participant, such as the 
individual's name(s), date of birth, last four digits of social 
security number, tribal ID number, telephone number, or other PII.

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. The FCC will 
determine whether disclosure of the records is compatible with the 
purpose for which the records were collected in each of these cases.
    1. FCC Program Management--A record from this system may be 
accessed and used by the FCC and USAC employees to conduct official 
duties

[[Page 73537]]

associated with the management and operation of the Lifeline Program 
and the National Lifeline Accountability Database (NLAD), as directed 
by the Commission. While the FCC will not routinely access the 
information in this system, information which includes, but is not 
limited to USAC audits and/or investigations of the ETCs (for the 
purposes of eliminating waste, fraud, and abuse in this program) may be 
shared with the FCC's Enforcement Bureau (EB), Wireline Competition 
Bureau (WCB), Office of Managing Director (OMD), and/or Office of 
Inspector General (OIG), as necessary;
    2. Third Party Contractors--A record from this system may be 
disclosed to an employee of a third-party contractor to conduct the 
verification process that allows the ETC to determine the accuracy of 
the PII provided by the ETC to the system of records. When an employee 
of a third-party contractor, responsible for exception management, 
verifies the eligibility of the consumer subject to an exception;
    3. State Agencies and Authorized Entities--A record from this 
system may be disclosed to designated state agencies and other 
authorized entities, which include, but are not limited to, state 
public utility commissions, and their agents, as is consistent with 
applicable Federal and State laws, to administer the Lifeline Program 
on behalf of an ETC in that state and to perform other management and 
oversight duties and responsibilities, as necessary;
    4. FCC Enforcement Actions--When a record in this system involves 
an informal complaint filed alleging a violation of FCC Rules and 
Regulations by an applicant, licensee, certified or regulated entity or 
an unlicensed person or entity, the complaint may be provided to the 
alleged violator for a response. When an order or other Commission-
issued document that includes consideration of an informal complaint or 
complaints is issued by the FCC to implement or to enforce FCC Rules 
and Regulations, 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 confidentiality of his or her name from public 
disclosure, the Commission will endeavor to protect such information 
from public disclosure. Complaints that contain requests for 
confidentiality may be dismissed if the Commission determines that the 
request impedes the Commission's ability to investigate and/or resolve 
the complaint;
    5. Congressional Inquiries--When requested by a Congressional 
office in response to an inquiry that an individual made to the 
Congressional office for the individual's own records;
    6. Congressional Investigations and Inquiries--A record from this 
system may be disclosed to either House of Congress, or, to the extent 
of matter within its jurisdiction, any committee or subcommittee 
thereof, for the purposes of an official Congressional investigation;
    7. Government-wide Program Management and Oversight--When requested 
by the National Archives and Records Administration (NARA), the Office 
of Personnel Management, the General Services Administration (GSA), 
and/or the Government Accountability Office (GAO) for the purpose of 
records management inspections conducted under authority of 44 U.S.C. 
2904 and 2906 (such disclosure(s) shall not be used to make a 
determination about individuals); when the U.S. Department of Justice 
(DOJ) 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 (OMB) is contacted in order 
to obtain that office's advice regarding obligations under the Privacy 
Act;
    8. Income and Program Eligibility Records--A record from this 
system may be disclosed to the appropriate Federal and/or State 
authorities for the purposes of determining whether a household may 
participate in the Lifeline Program;
    9. 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, e.g., Internal Revenue Service (IRS) to investigate income 
eligibility verification;
    10. 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;
    11. Department of Justice--A record from this system of records may 
be disclosed to the Department of Justice (DOJ) or in a proceeding 
before a court or adjudicative body when:
    (a) The United States, the Commission, a component of the 
Commission, or, when represented by the government, an employee of the 
Commission is a party to litigation or anticipated litigation or has an 
interest in such litigation, and
    (b) The Commission determines that the disclosure is relevant or 
necessary to the litigation; and
    12. Breach of Federal Data--A record from this system may be 
disclosed to appropriate agencies, entities (including USAC), 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 
(including USAC)) 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The information pertaining to the Lifeline Program includes 
electronic records, files and data and paper documents, records, and 
files. Both USAC and the contractor will jointly manage and the 
electronic data, which will be stored in the computer network databases 
housed at USAC and at the contractor, and the paper documents, which 
will be stored in filing cabinets in their respective offices at USAC 
and the contractor.

RETRIEVABILITY:
    Information in the Lifeline Program may be retrieved by various 
identifiers, including, but not limited to the individual's name, last 
four digits of the

[[Page 73538]]

Social Security Number (SSN), tribal identification number, date of 
birth, phone number, and residential address.

SAFEGUARDS:
    Access to the electronic files is restricted to authorized USAC and 
the contractor's supervisors and staff. The FCC requires that these 
computer network databases be protected by various security protocols, 
which include, but are not limited to, controlled access, passwords, 
and other security features. In addition, data in the network servers 
for both USAC and the contractor will be routinely backed-up. The 
servers will be stored in secured environments to protect the data.
    The paper documents are maintained in file cabinets that are 
located in the USAC and the contractor's office suites. The file 
cabinets are locked when not in use and at the end of the business day. 
Access to these files is restricted to authorized USAC and the 
contractor's staffs.

RETENTION AND DISPOSAL:
    The National Archives and Records Administration (NARA) has not 
established a records schedule for the information in the Lifeline 
Program. Consequently, until NARA has approved a records schedule, USAC 
will maintain the information in the Lifeline Program in accordance 
with the requirements of the Lifeline Reform Order. The Lifeline Reform 
Order states that information in the Lifeline Program is maintained for 
ten years after the consumer de-enrolls from the Lifeline Program. See 
Lifeline and Link Up Reform and Modernization et al., WC Docket No. 11-
42 et al., Report and Order and Further Notice of Proposed Rulemaking, 
27 FCC Rcd 6656, 6740, para. 195 (2012). Disposal of obsolete or out-
of-date paper documents and files is by shredding. Electronic data, 
files, and records are destroyed by electronic erasure.

SYSTEM MANAGER(S) AND ADDRESS:
    USAC maintains the Lifeline Program for the FCC.
    Address inquiries to the Universal Service Administrative Company 
(USAC), 2000 L Street NW., Suite 200, Washington, DC 20036; or
    Wireline Competition Bureau (WCB), 445 12th Street SW., Washington, 
DC 20554.

NOTIFICATION PROCEDURE:
    Universal Service Administrative Company (USAC), 2000 L Street NW., 
Suite 200, Washington, DC 20036;
    Wireline Competition Bureau (WCB), Federal Communications 
Commission (FCC), 445 12th Street SW., Washington, DC 20554; or
    Privacy Analyst, Performance Evaluation and Records Management 
(PERM), Office of Managing Director (OMD), Federal Communications 
Commission (FCC), 445 12th Street SW., Washington, DC 20554.

RECORD ACCESS PROCEDURES:
    Universal Service Administrative Company (USAC), 2000 L Street NW., 
Suite 200, Washington, DC 20036;
    Wireline Communications Bureau (WCB), Federal Communications 
Commission (FCC), 445 12th Street SW., Washington, DC 20554; or
    Privacy Analyst, Performance Evaluation and Records Management 
(PERM), Office of Managing Director (OMD), Federal Communications 
Commission (FCC), 445 12th Street SW., Washington, DC 20554.

CONTESTING RECORD PROCEDURES:
    Universal Service Administrative Company (USAC), 2000 L Street NW., 
Suite 200, Washington, DC 20036;
    Wireline Competition Bureau (WCB), Federal Communications 
Commission (FCC), 445 12th Street SW., Washington, DC 20554; or
    Privacy Analyst, Performance Evaluation and Records Management 
(PERM), Office of Managing Director (OMD), Federal Communications 
Commission (FCC), 445 12th Street SW., Washington, DC 20554.

RECORD SOURCE CATEGORIES:
    The sources for the information in the Lifeline Program include, 
but are not limited to:
    1. The information that the ETCs must provide prior to enrolling 
subscribers and/or to re-certifying subscribers (in qualifying 
households) for participation in the Lifeline Program; and
    2. The information that individuals (in qualifying households) must 
provide to determine their households' eligibility for participation in 
the Lifeline Program, e.g., participating in other qualifying programs 
and/or services.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the Secretary, Office of Managing 
Director.
[FR Doc. 2013-29172 Filed 12-5-13; 8:45 am]
BILLING CODE 6712-01-P