Privacy Act System of Records, 48152-48156 [2014-19292]
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48152
Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Notices
FOR FURTHER INFORMATION CONTACT:
FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act System of Records
Federal Communications
Commission (FCC or Commission).
ACTION: Notice; one altered Privacy Act
system of records; revision of four
routine uses; addition of two new
routine uses; and deletion of one routine
use.
AGENCY:
Pursuant to subsection (e)(4)
of the Privacy Act of 1974, as amended
(Privacy Act), the FCC proposes to
change the name and alter one system
of records, FCC/CGB–1, ‘‘Informal
Complaints, Inquiries, and Requests for
Dispute Assistance’’ (formerly FCC/
CGB–1, ‘‘Informal Complaints and
Inquiries’’). The FCC will alter the
categories of individuals; the categories
of records; the authority for
maintenance of the system; the purposes
for collecting the information; four
routine uses: (3), (4), (7) and (8) (add
new routine uses: (2) and (5), and delete
one routine use: (4)); the policies and
practices for storing, retrieving,
accessing, retaining, and disposing of
records in the system; the system
manager and address; the notification,
record access, and contesting record
procedures; and make various other
minor edits and revisions as necessary
to comply with the requirements of the
Privacy Act of 1974, as amended.
DATES: In accordance with subsections
(e)(4) and (e)(11) of the Privacy Act, any
interested person may submit written
comments concerning the alteration of
this system of records on or before
September 15, 2014. The 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 September 24,
2014. The proposed altered system of
records will become effective on
September 24, 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
Privacy Act, the FCC is submitting
reports on this proposed altered 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, 445 12th
Street SW., Washington, DC 20554, or
via the Internet at Leslie.Smith@fcc.gov.
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SUMMARY:
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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 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 alteration of one system
of records maintained by the FCC,
revision of four routine uses: (3), (4), (7),
and (8), addition of two new routine
uses (2) and (5), and deletion of one
routine use (4). The FCC previously
gave complete notice of the system of
records (FCC/CGB–1, ‘‘Informal
Complaints and Inquiries’’) covered
under this Notice by publication in the
Federal Register on December 15, 2009
(74 FR66356). This notice is a summary
of the more detailed information about
the proposed altered system of records,
which may be obtained or viewed under
the contact and information at the
location given above in the ADDRESSES
section. The purposes for altering FCC/
CGB–1, ‘‘Informal Complaints,
Inquiries, and Requests for Dispute
Assistance’’ (formerly FCC/CGB–1,
‘‘Informal Complaints and Inquiries’’)
are to change the name of the system to
FCC/GCB–1, ‘‘Informal Complaints,
Inquiries, and Requests for Dispute
Assistance,’’ to reflect the changes to the
system’s contents; to revise the
categories of individuals; to revise the
categories of records; to revise the
authority for maintenance of the system;
to revise the purposes for which the
information is maintained; to revise
routine uses (3) (formerly (2)), (4)
(formerly (3))), (7) (formerly (6)), and (8)
(formerly (7)); to add new routine uses
(2) and (5); to delete one routine use (4);
to revise the policies and practices for
storing, retrieving, accessing, retaining,
and disposing of records in the system;
to revise the system manager and
address; to revise the notification,
records access, and contesting records
procedures; and to make other edits and
revisions as necessary to comply with
the requirements of the Privacy Act of
1974, as amended (5 U.S.C. 552a), and
the regulations and requirements of the
Office of Management and Budget
(OMB) and the National Archives and
Records Administration (NARA).
The FCC will achieve these purposes
by altering this system of records with
these changes:
Revision of the language regarding the
Categories of Individuals Covered by the
System, for clarity and to note that:
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Fmt 4703
Sfmt 4703
The categories of individuals in the
system include individuals, groups, and
other entities who make or have made
informal complaints, inquiries, or
requests for dispute assistance on
matters arising under the
Communications Act of 1934, as
amended, and the Rehabilitation Act;
Revision of the language in the
Categories of Records in the System, for
clarity and to note that:
The categories of records in this
system include both computerized
information contained in a database and
paper copies of inquiries, requests for
dispute assistance, informal complaints,
and related supporting information
made by individuals, groups, or other
entities; and company replies to
complaints, requests, inquiries, and
Commission letters regarding such
complaints, requests, and inquiries.
The categories of records may also
include submissions that individuals,
groups, or other entities make,
including, but not limited to,
submissions made by letter, fax,
telephone, email, and via the FCC web
portal at www.fcc.gov;
Revision of the Authority for
Maintenance of the System to add
several rule sections, so that the
authorities include:
Sections 1, 4, 206, 208, 225, 226, 227,
228, 255, 258, 301, 303, 309(e), 312, 362,
364, 386, 507, 710, 713, 716, 717, and
718 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154, 206,
208, 225, 226, 227, 228, 255, 258, 301,
303, 309(e), 312, 362, 364, 386, 507, 610,
613, 617, 618, and 619; Sections 504
and 508 of the Rehabilitation Act, 29
U.S.C. 794 and 794d; and 47 CFR 0.111,
0.141, 1.711 et seq., 14.30 et seq., 20.19,
64.604, 68.414 et seq., and 79.1 et seq.
Revision of the language regarding the
Purpose(s) for which the information in
the system is maintained, for clarity and
to note that:
The records in this system are used by
Commission personnel to handle and
process informal complaints, inquiries,
and requests for dispute assistance
received from individuals, groups, and
other entities. Records in this system are
available for public inspection after
redaction of information that could
identify the complainant or
correspondent, such as the
complainant’s name, address, telephone
number, fax number, and/or email
address.
Revision of the language in Routine
Use (3) ‘‘FCC Enforcement Actions’’ to
note that:
When an order or other Commissionissued document that includes
consideration of informal complaints
filed against telecommunications
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providers, broadcasters, multi-channel
video programming distributors, voiceover-internet-protocol providers, and/or
wireless providers is entered by the FCC
to implement or 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. When
an order or other Commission-issued
document that includes consideration of
an informal complaint about
accessibility for individuals with
disabilities filed against a company
(including telecommunications and
advanced communications service
providers and equipment
manufacturers; video programming
owners, providers, and distributors,
including broadcasters and
multichannel video programming
distributors; and manufacturers of
apparatus used to receive, play back, or
record video programming) is entered or
released by the FCC to implement or
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
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;
Revision of the language in Routine
Use (4) ‘‘Law Enforcement and
Investigation’’ to note that:
Where there is an indication of a
violation or potential violation of a
statute, regulation, rule, or order,
records from this system may be
referred to the appropriate Federal,
state, Tribal, or local agency 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;
Revision of the language in Routine
Use (7) ‘‘Congressional Inquiries’’ to
note that:
Records on an individual in this
system may be disclosed when
requested by a congressional office in
response to an inquiry by an individual
made to the congressional office for the
individual’s own records;
Revision of the language in Routine
Use (8) ‘‘Government-wide Program
Management and Oversight’’ to note
that:
When requested by the General
Services Administration (GSA), the
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National Archives and Records
Administration (NARA), 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 Department of
Justice (DOJ) is contacted in order to
obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act (FOIA);
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;
Addition of new Routine Use (2)
‘‘Informal Complaints, Inquiries, and
Requests for Dispute Assistance about
Accessibility for Individuals with
Disabilities’’ to note that:
When a record in this system involves
an informal complaint, inquiry, or
request for dispute assistance involving
or filed against a company (including
telecommunications and advanced
communications service providers and
equipment manufacturers; video
programming owners, providers, and
distributors, including broadcasters and
multichannel video programming
distributors; and manufacturers of
apparatus used to receive, play back, or
record video programming) about
accessibility for individuals with
disabilities, the inquiry, request, or
informal complaint may be forwarded to
the subject company for a response,
pursuant to Section 4(i), 208, and 303(r)
of the Communications Act of 1934, as
amended;
Deletion of Routine Use (4) and its
replacement with new Routine Use (5)
‘‘Adjudication and Litigation’’ to note
that:
Where by careful review, the
Commission determines that the records
are both relevant and necessary to
litigation and the use of such records is
deemed by the Commission to be for a
purpose that is compatible with the
purpose for which the Commission
collected the records, these records may
be used by a court or adjudicative body
in a proceeding when: (a) The
Commission or any component thereof;
or (b) any employee of the Commission
in his or her official capacity; or (c) any
employee of the Commission in his or
her individual capacity where the
Commission has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
Revision of the language regarding the
Policies and Practices for Storing,
Retrieving, Accessing, Retaining, and
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48153
Disposing of Records in the System, for
clarity and to note that:
Storage:
The Consumer and Governmental
Affairs Bureau staff logs consumer
informal complaints, inquiries, and
requests for dispute assistance that it
receives into its Complaint and Inquiry
Management System (CIMS),
Consolidated Complaint Management
System (CCMS), and other electronic
databases and network databases not
specifically named here that are used to
store consumer informal complaints and
inquiries, including requests for dispute
assistance. Each request for dispute
assistance and informal complaint
submission is automatically assigned a
file identification number for future
reference when the case is entered into
one of the databases. This identification
number tracks consumer submissions
and assists with identification of
duplicate filings, which occur when
consumers file multiple submissions.
Confidential paper submissions are
moved to a locked storage room for
safekeeping. All records are kept in
accordance with the agency records
control schedule approved by NARA.
Retrievability:
Information in this system, including,
but not limited to records, files, and
data, may be retrieved by the
individual’s personal identifiers (such
as the complainant’s name, address,
telephone number, fax number, and/or
email address), entity name, program
name, date received and date closed,
problem description field, and/or call
sign.
Safeguards:
Electronic records that emanate from
these informal complaint, inquiry
submissions, and requests for dispute
assistance are maintained in CIMS,
CCMS, or other electronic and network
computer databases not specifically
named here, which are secured through
controlled access and passwords
restricted to a limited number of FCC
employees or contractors working on
informal complaints, inquiries, and
requests for dispute assistance. In
addition, as an added security measure,
the staff in the Consumer and
Governmental Affairs Bureau,
Enforcement Bureau, and other FCC
bureaus and offices who are assigned
responsibility for resolution of these
records in CIMS are only allowed access
to these records via a ‘‘license’’ that also
tracks their use of the records.
Confidential paper submissions are
moved to a locked storage room for
safekeeping.
Retention and Disposal:
The information in this system is
limited to electronic data, paper files,
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and audio files, such as telephone call
records. The information is retained at
the FCC and then destroyed in
accordance with the agency records
control schedule N1–173–07–1,
approved by the National Archives and
Records Administration (NARA), which
generally requires that source records
are destroyed three years after data are
entered into the system, and records in
the master file are destroyed three years
after the case is closed. Revision of the
language regarding the System Managers
and Address of the system, for clarity
and to note that individuals seeking
information about themselves in this
system should: Address inquiries to the
Privacy Analyst, Office of Managing
Director or Consumer and Governmental
Affairs Bureau, Federal
Communications Commission, 445 12th
Street SW., Washington, DC 20554.
Revision of the Notification, Record
Access, and Contesting Record
Procedures for the system, for clarity
and to note that individuals seeking
information about themselves in this
system should:
Address inquiries to the Privacy
Analyst, Office of Managing Director or
Consumer and Governmental Affairs
Bureau, Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554. An individual
requesting access must follow FCC
Privacy Act regulations regarding
verification of identity and amendment
of records. See 47 CFR 0.554–0.557.
Revision or modification of other data
elements in CGB–1, as required, to make
editorial changes to update, simply, or
clarify, as necessary, this system of
records notice (SORN) to make various
other minor edits and revisions as
necessary to comply with the
requirements of the Privacy Act of 1974,
as amended.
This notice meets the requirement of
documenting the changes to the systems
of records that the FCC maintains, and
provides the public, Congress, and OMB
an opportunity to comment.
FCC/CGB–1
SYSTEM NAME:
Informal Complaints, Inquiries, and
Requests for Dispute Assistance
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SECURITY CLASSIFICATION:
The FCC’s Security Operations Center
(SOC) has not assigned a security
classification to this system of records.
SYSTEM LOCATION:
Consumer and Governmental Affairs
Bureau, Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554 and 1270
Fairfield Road, Gettysburg, PA 17325.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals in this
system include individuals, groups, and
other entities who make or have made
informal complaints, inquiries, or
requests for dispute assistance on
matters arising under the
Communications Act of 1934, as
amended, and the Rehabilitation Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this
system include both computerized
information contained in a database and
paper copies of inquiries, requests for
dispute assistance, informal complaints,
and related supporting information
made by individuals, groups, or other
entities; and company replies to
complaints, requests, inquiries, and
Commission letters regarding such
complaints, requests, and inquiries. The
categories of records may also include
submissions that individuals, groups, or
other entities make, including, but not
limited to, submissions made by letter,
fax, telephone, email, and via the FCC
web portal at www.fcc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 1, 4, 206, 208, 225, 226, 227,
228, 255, 258, 301, 303, 309(e), 312, 362,
364, 386, 507, 710, 713, 716, 717, and
718 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154, 206,
208, 225, 226, 227, 228, 255, 258, 301,
303, 309(e), 312, 362, 364, 386, 507, 610,
613, 617, 618, and 619; Sections 504
and 508 of the Rehabilitation Act, 29
U.S.C. 794 and 794d; and 47 CFR 0.111,
0.141, 1.711 et seq., 14.30 et seq., 20.19,
64.604, 68.414 et seq., and 79.1 et seq..
PURPOSES:
The records in this system are used by
Commission personnel to handle and
process informal complaints, inquiries,
and requests for dispute assistance
received from individuals, groups, and
other entities. Records in this system are
available for public inspection after
redaction of information that could
identify the complainant or
correspondent, such as the
complainant’s name, address, telephone
number, fax number, and/or email
address.
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. Informal Complaints—When a
record in this system involves an
informal complaint filed against
telecommunications providers,
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Fmt 4703
Sfmt 4703
broadcasters, multi-channel video
program distributors, voice-overinternet-protocol providers, and/or
wireless providers, the complaint may
be forwarded to the subject company for
a response, pursuant to Sections 4(i),
208, and 303(r) of the Communications
Act of 1934, as amended.
2. Informal Complaints, Inquiries, and
Requests for Dispute Assistance about
Accessibility for Individuals with
Disabilities—When a record in this
system involves an informal complaint,
inquiry, or request for dispute assistance
involving or filed against a company
(including telecommunications and
advanced communications service
providers and equipment
manufacturers; video programming
owners, providers, and distributors,
including broadcasters and
multichannel video programming
distributors; and manufacturers of
apparatus used to receive, play back, or
record video programming) about
accessibility for individuals with
disabilities, the inquiry, request, or
informal complaint may be forwarded to
the subject company for a response,
pursuant to Section 4(i), 208, and 303(r)
of the Communications Act of 1934, as
amended.
3. FCC Enforcement Actions—When
an order or other Commission-issued
document that includes consideration of
informal complaints filed against
telecommunications providers,
broadcasters, multi-channel video
program distributors, voice-overinternet-protocol providers, and/or
wireless providers is entered by the FCC
to implement or 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. When
an order or other Commission-issued
document that includes consideration of
an informal complaint about
accessibility for individuals with
disabilities filed against a company
(including telecommunications and
advanced communications service
providers and equipment
manufacturers; video programming
owners, providers, and distributors,
including broadcasters and
multichannel video programming
distributors; and manufacturers of
apparatus used to receive, play back, or
record video programming) is entered or
released by the FCC to implement or
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
confidentiality of his or her name from
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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.
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
referred to the appropriate Federal,
state, Tribal, or local agency 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. Adjudication and Litigation—
Where by careful review, the
Commission determines that the records
are both relevant and necessary to
litigation and the use of such records is
deemed by the Commission to be for a
purpose that is compatible with the
purpose for which the Commission
collected the records, these records may
be used by a court or adjudicative body
in a proceeding when: (a) The
Commission or any component thereof;
or (b) any employee of the Commission
in his or her official capacity; or (c) any
employee of the Commission in his or
her individual capacity where the
Commission has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation.
6. Department of Justice—A record
from this system of records may be
disclosed to the Department of Justice 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.
7. Congressional Inquiries—When
requested by a congressional office in
response to an inquiry by an individual
made to the congressional office for the
individual’s own records.
8. Government-wide Program
Management and Oversight—When
requested by the General Services
Administration (GSA), the National
Archives and Records Administration
(NARA), and/or the Government
Accountability Office (GAO) for the
purpose of records management
inspections conducted under authority
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of 44 U.S.C. 2904 and 2906 (such
disclosure(s) shall not be used to make
a determination about individuals);
when the Department of Justice (DOJ) is
contacted in order to obtain that
department’s advice regarding
disclosure obligations under the
Freedom of Information Act (FOIA); 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.
9. Breach of Federal Data—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.
48155
duplicate filings, which occur when
consumers file multiple submissions.
Confidential paper submissions are
moved to a locked storage room for
safekeeping. All records are kept in
accordance with the agency records
control schedule approved by NARA.
RETRIEVABILITY:
Information in this system, including,
but not limited to records, files, and
data, may be retrieved by the
individual’s personal identifiers (such
as the complainant’s name, address,
telephone number, fax number, and/or
email address), entity name, program
name, date received and date closed,
problem description field, and/or call
sign.
SAFEGUARDS:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
Electronic records that emanate from
these informal complaint, inquiry
submissions, and requests for dispute
assistance are maintained in CIMS,
CCMS, or other electronic and network
computer databases not specifically
named here, which are secured through
controlled access and passwords
restricted to a limited number of FCC
employees or contractors working on
informal complaints, inquiries, and
requests for dispute assistance. These
various safeguards comply with the
FCC’s IT security and privacy protocols.
In addition, as an added security
measure, the staff in the Consumer and
Governmental Affairs Bureau,
Enforcement Bureau, and other FCC
bureaus and offices who are assigned
responsibility for resolution of these
records in CIMS are only allowed access
to these records via a ‘‘license’’ that also
tracks their use of the records.
Confidential paper submissions are
moved to a locked storage room for
safekeeping.
STORAGE:
RETENTION AND DISPOSAL:
The Consumer and Governmental
Affairs Bureau staff logs consumer
informal complaints, inquiries, and
requests for dispute assistance that it
receives into its Complaint and Inquiry
Management System (CIMS),
Consolidated Complaint Management
System (CCMS), and other electronic
databases and network databases not
specifically named here that are used to
store consumer informal complaints and
inquiries, including requests for dispute
assistance. Each request for dispute
assistance and informal complaint
submission is automatically assigned a
file identification number for future
reference when the case is entered into
one of the databases. This identification
number tracks consumer submissions
and assists with identification of
The information in this system is
limited to electronic data, paper files,
and audio files, such as telephone call
records. The information is retained at
the FCC and then destroyed in
accordance with the agency records
control schedule N1–173–07–1,
approved by the National Archives and
Records Administration (NARA), which
generally requires that source records
are destroyed three years after data are
entered into the system, and records in
the master file are destroyed three years
after the case is closed.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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SYSTEM MANAGERS AND ADDRESS:
Address inquiries to the Privacy
Analyst, Office of Managing Director or
Consumer and Governmental Affairs
Bureau, Federal Communications
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Commission, 445 12th Street SW.,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the Privacy
Analyst, Office of Managing Director or
Consumer and Governmental Affairs
Bureau, Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
RECORD ACCESS PROCEDURES:
Address inquiries to the Privacy
Analyst, Office of Managing Director or
Consumer and Governmental Affairs
Bureau, Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554. An individual
requesting access must follow FCC
Privacy Act regulations regarding
verification of identity and amendment
of records. See 47 CFR 0.554–0.557.
CONTESTING RECORD PROCEDURES:
Address inquiries to the Privacy
Analyst, Office of Managing Director or
Consumer and Governmental Affairs
Bureau, Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
RECORD SOURCE CATEGORIES:
The sources for the information in
this system include the complainants
and subject entities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2014–19292 Filed 8–14–14; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL LABOR RELATIONS
AUTHORITY
[FLRA Docket No. DE–CA–08–0046]
Notice of Opportunity To Submit Amici
Curiae Briefs in an Unfair-LaborPractice Proceeding Pending Before
the Federal Labor Relations Authority
Federal Labor Relations
Authority.
ACTION: Notice.
AGENCY:
The Federal Labor Relations
Authority provides an opportunity for
all interested persons to submit briefs as
amici curiae on a significant issue
arising in a case pending before the
Authority. The Authority is considering
this case pursuant to its responsibilities
under the Federal Service LaborManagement Relations Statute, 5 U.S.C.
7101–7135 (the Statute), and its unfairlabor-practice (ULP) regulations, set
emcdonald on DSK67QTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:31 Aug 14, 2014
Jkt 232001
forth at 5 CFR part 2423. The issue
concerns whether a presidential order,
which was issued under § 7103(b)(1) of
the Statute to exclude an agency
subdivision ‘‘from coverage under’’ the
Statute, precludes the Authority from
finding that an employee of the
excluded subdivision acted as a
‘‘representative of the agency’’ under
§ 7114(a)(2)(A) and (B) of the Statute.
Because the Authority has not directly
addressed this issue before, there is an
absence of controlling precedent. And,
as this matter is likely to be of concern
to agencies, labor organizations, and
other interested persons, the Authority
finds it appropriate to provide for the
filing of amici briefs addressing this
matter.
DATES: Briefs must be received on or
before September 15, 2014.
ADDRESSES: Mail or deliver briefs to
Gina K. Grippando, Chief, Case Intake
and Publication, Federal Labor
Relations Authority, Docket Room, Suite
200, 1400 K Street NW., Washington,
DC 20424–0001.
FOR FURTHER INFORMATION CONTACT: Gina
K. Grippando, Chief, Case Intake and
Publication, Federal Labor Relations
Authority, (202) 218–7740.
SUPPLEMENTARY INFORMATION: In Case
No. DE–CA–08–0046, the Federal Labor
Relations Authority’s (FLRA’s) Chief
Administrative Law Judge (ALJ) issued
a recommended order to dismiss a ULP
complaint against the U.S. Department
of the Air Force, Ogden Air Logistics
Center, Hill Air Force Base, Utah (the
Respondent) for alleged violations of
§§ 7114(a)(2)(B), 7116(a)(1), and
7116(a)(8) of the Statute. The FLRA’s
Office of the General Counsel (GC) filed
exceptions to the recommended
dismissal order, and those exceptions
are currently pending before the
Authority. A summary of the case
follows.
1. Background and ALJ’s Decision
The Regional Director of the FLRA’s
Denver Regional Office, which is part of
the Office of the GC, issued a ULP
complaint alleging that the Respondent
violated §§ 7114(a)(2)(B), 7116(a)(1), and
7116(a)(8) of the Statute when the Air
Force Office of Special Investigations
(AFOSI)—which is a subdivision of the
same parent agency as the Respondent—
denied union representation to one of
the Respondent’s bargaining-unit
employees (the employee) during an
AFOSI-conducted investigative
interview. According to the complaint,
the Respondent and AFOSI worked
closely together in the investigation and
interview of the employee, and,
consequently, when AFOSI denied the
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
employee the union representation that
he requested due to an allegedly
reasonable belief that the interview
might result in discipline, AFOSI acted
as a ‘‘representative of the [A]gency’’
(i.e., the Respondent), within the
meaning of § 7114(a)(2)(B) of the
Statute. As a result, the complaint
alleged, the Respondent (but not AFOSI)
committed ULPs.
As relevant here, the Respondent
denied the complaint’s allegations on
the basis that, in Executive Order
12,171, President Carter exercised his
authority under § 7103(b)(1) of the
Statute to ‘‘exclude [AFOSI] from
coverage under’’ the Statute based on
‘‘national[-]security requirements and
considerations,’’ so AFOSI’s actions
could not be the basis for a ULP finding
against the Respondent. Exec. Order No.
12,171 (Nov. 19, 1979), 44 FR 66,565
(Nov. 20, 1979), reprinted as amended
in 5 U.S.C. 7103 note at 647–48 (2012).
The ALJ agreed with the Respondent
and found that, because Executive Order
12,171 excludes AFOSI ‘‘from coverage
under’’ the Statute, the order necessarily
excludes AFOSI from coverage under
every provision of the Statute, including
the ‘‘representative[-]of[-]the[-]agency’’
provision in § 7114(a)(2)(B). And as the
ALJ found that the order precludes
finding that AFOSI acted as a
‘‘representative’’ of the Respondent
under § 7114(a)(2)(B), the ALJ
concluded that the Respondent could
not be found to have committed a ULP
based on AFOSI’s actions. Thus, the ALJ
recommended that the Authority
dismiss the complaint.
2. GC’s Exceptions
The GC filed, with the Authority,
exceptions to the ALJ’s recommended
order. In the exceptions, the GC
contends, as relevant here, that the ALJ
erred in finding that AFOSI cannot be
a ‘‘representative of the [A]gency’’ (i.e.,
the Respondent), within the meaning of
§ 7114(a)(2)(B). The GC argues that, just
as the incumbent of a position specified
in § 7103(a)(2)(B) of the Statute may be
excluded from the Statute’s definition of
‘‘employee’’ and yet still act as a
‘‘representative of [an] agency’’ for
purposes of § 7114(a)(2), so may an
agency or subdivision that is excluded
from coverage of the Statute under
§ 7103(b)(1) be found to act as a
‘‘representative of [an] agency.’’ The GC
argues that a contrary conclusion would
‘‘erode the right’’ to representation
under § 7114(a)(2)(B) ‘‘by encouraging
the use of investigative conduits outside
the employee’s bargaining unit, and
would otherwise frustrate Congress’
apparent policy of protecting certain
federal employees when they are
E:\FR\FM\15AUN1.SGM
15AUN1
]]>Agencies
[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Notices]
[Pages 48152-48156]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19292]
[[Page 48152]]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications Commission (FCC or Commission).
ACTION: Notice; one altered Privacy Act system of records; revision of
four routine uses; addition of two new routine uses; and deletion of
one routine use.
-----------------------------------------------------------------------
SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as
amended (Privacy Act), the FCC proposes to change the name and alter
one system of records, FCC/CGB-1, ``Informal Complaints, Inquiries, and
Requests for Dispute Assistance'' (formerly FCC/CGB-1, ``Informal
Complaints and Inquiries''). The FCC will alter the categories of
individuals; the categories of records; the authority for maintenance
of the system; the purposes for collecting the information; four
routine uses: (3), (4), (7) and (8) (add new routine uses: (2) and (5),
and delete one routine use: (4)); the policies and practices for
storing, retrieving, accessing, retaining, and disposing of records in
the system; the system manager and address; the notification, record
access, and contesting record procedures; and make various other minor
edits and revisions as necessary to comply with the requirements of the
Privacy Act of 1974, as amended.
DATES: In accordance with subsections (e)(4) and (e)(11) of the Privacy
Act, any interested person may submit written comments concerning the
alteration of this system of records on or before September 15, 2014.
The 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 September 24, 2014. The
proposed altered system of records will become effective on September
24, 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 Privacy Act, the FCC is submitting reports
on this proposed altered 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, 445 12th Street SW., Washington, DC
20554, or via the Internet at Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT: 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 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 alteration of one system of records maintained
by the FCC, revision of four routine uses: (3), (4), (7), and (8),
addition of two new routine uses (2) and (5), and deletion of one
routine use (4). The FCC previously gave complete notice of the system
of records (FCC/CGB-1, ``Informal Complaints and Inquiries'') covered
under this Notice by publication in the Federal Register on December
15, 2009 (74 FR66356). This notice is a summary of the more detailed
information about the proposed altered system of records, which may be
obtained or viewed under the contact and information at the location
given above in the ADDRESSES section. The purposes for altering FCC/
CGB-1, ``Informal Complaints, Inquiries, and Requests for Dispute
Assistance'' (formerly FCC/CGB-1, ``Informal Complaints and
Inquiries'') are to change the name of the system to FCC/GCB-1,
``Informal Complaints, Inquiries, and Requests for Dispute
Assistance,'' to reflect the changes to the system's contents; to
revise the categories of individuals; to revise the categories of
records; to revise the authority for maintenance of the system; to
revise the purposes for which the information is maintained; to revise
routine uses (3) (formerly (2)), (4) (formerly (3))), (7) (formerly
(6)), and (8) (formerly (7)); to add new routine uses (2) and (5); to
delete one routine use (4); to revise the policies and practices for
storing, retrieving, accessing, retaining, and disposing of records in
the system; to revise the system manager and address; to revise the
notification, records access, and contesting records procedures; and to
make other edits and revisions as necessary to comply with the
requirements of the Privacy Act of 1974, as amended (5 U.S.C. 552a),
and the regulations and requirements of the Office of Management and
Budget (OMB) and the National Archives and Records Administration
(NARA).
The FCC will achieve these purposes by altering this system of
records with these changes:
Revision of the language regarding the Categories of Individuals
Covered by the System, for clarity and to note that:
The categories of individuals in the system include individuals,
groups, and other entities who make or have made informal complaints,
inquiries, or requests for dispute assistance on matters arising under
the Communications Act of 1934, as amended, and the Rehabilitation Act;
Revision of the language in the Categories of Records in the
System, for clarity and to note that:
The categories of records in this system include both computerized
information contained in a database and paper copies of inquiries,
requests for dispute assistance, informal complaints, and related
supporting information made by individuals, groups, or other entities;
and company replies to complaints, requests, inquiries, and Commission
letters regarding such complaints, requests, and inquiries.
The categories of records may also include submissions that
individuals, groups, or other entities make, including, but not limited
to, submissions made by letter, fax, telephone, email, and via the FCC
web portal at www.fcc.gov;
Revision of the Authority for Maintenance of the System to add
several rule sections, so that the authorities include:
Sections 1, 4, 206, 208, 225, 226, 227, 228, 255, 258, 301, 303,
309(e), 312, 362, 364, 386, 507, 710, 713, 716, 717, and 718 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 206, 208,
225, 226, 227, 228, 255, 258, 301, 303, 309(e), 312, 362, 364, 386,
507, 610, 613, 617, 618, and 619; Sections 504 and 508 of the
Rehabilitation Act, 29 U.S.C. 794 and 794d; and 47 CFR 0.111, 0.141,
1.711 et seq., 14.30 et seq., 20.19, 64.604, 68.414 et seq., and 79.1
et seq.
Revision of the language regarding the Purpose(s) for which the
information in the system is maintained, for clarity and to note that:
The records in this system are used by Commission personnel to
handle and process informal complaints, inquiries, and requests for
dispute assistance received from individuals, groups, and other
entities. Records in this system are available for public inspection
after redaction of information that could identify the complainant or
correspondent, such as the complainant's name, address, telephone
number, fax number, and/or email address.
Revision of the language in Routine Use (3) ``FCC Enforcement
Actions'' to note that:
When an order or other Commission-issued document that includes
consideration of informal complaints filed against telecommunications
[[Page 48153]]
providers, broadcasters, multi-channel video programming distributors,
voice-over-internet-protocol providers, and/or wireless providers is
entered by the FCC to implement or 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. When an order or other
Commission-issued document that includes consideration of an informal
complaint about accessibility for individuals with disabilities filed
against a company (including telecommunications and advanced
communications service providers and equipment manufacturers; video
programming owners, providers, and distributors, including broadcasters
and multichannel video programming distributors; and manufacturers of
apparatus used to receive, play back, or record video programming) is
entered or released by the FCC to implement or 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
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;
Revision of the language in Routine Use (4) ``Law Enforcement and
Investigation'' to note that:
Where there is an indication of a violation or potential violation
of a statute, regulation, rule, or order, records from this system may
be referred to the appropriate Federal, state, Tribal, or local agency
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;
Revision of the language in Routine Use (7) ``Congressional
Inquiries'' to note that:
Records on an individual in this system may be disclosed when
requested by a congressional office in response to an inquiry by an
individual made to the congressional office for the individual's own
records;
Revision of the language in Routine Use (8) ``Government-wide
Program Management and Oversight'' to note that:
When requested by the General Services Administration (GSA), the
National Archives and Records Administration (NARA), 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 Department of Justice (DOJ) is contacted
in order to obtain that department's advice regarding disclosure
obligations under the Freedom of Information Act (FOIA); 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;
Addition of new Routine Use (2) ``Informal Complaints, Inquiries,
and Requests for Dispute Assistance about Accessibility for Individuals
with Disabilities'' to note that:
When a record in this system involves an informal complaint,
inquiry, or request for dispute assistance involving or filed against a
company (including telecommunications and advanced communications
service providers and equipment manufacturers; video programming
owners, providers, and distributors, including broadcasters and
multichannel video programming distributors; and manufacturers of
apparatus used to receive, play back, or record video programming)
about accessibility for individuals with disabilities, the inquiry,
request, or informal complaint may be forwarded to the subject company
for a response, pursuant to Section 4(i), 208, and 303(r) of the
Communications Act of 1934, as amended;
Deletion of Routine Use (4) and its replacement with new Routine
Use (5) ``Adjudication and Litigation'' to note that:
Where by careful review, the Commission determines that the records
are both relevant and necessary to litigation and the use of such
records is deemed by the Commission to be for a purpose that is
compatible with the purpose for which the Commission collected the
records, these records may be used by a court or adjudicative body in a
proceeding when: (a) The Commission or any component thereof; or (b)
any employee of the Commission in his or her official capacity; or (c)
any employee of the Commission in his or her individual capacity where
the Commission has agreed to represent the employee; or (d) the United
States Government is a party to litigation or has an interest in such
litigation;
Revision of the language regarding the Policies and Practices for
Storing, Retrieving, Accessing, Retaining, and Disposing of Records in
the System, for clarity and to note that:
Storage:
The Consumer and Governmental Affairs Bureau staff logs consumer
informal complaints, inquiries, and requests for dispute assistance
that it receives into its Complaint and Inquiry Management System
(CIMS), Consolidated Complaint Management System (CCMS), and other
electronic databases and network databases not specifically named here
that are used to store consumer informal complaints and inquiries,
including requests for dispute assistance. Each request for dispute
assistance and informal complaint submission is automatically assigned
a file identification number for future reference when the case is
entered into one of the databases. This identification number tracks
consumer submissions and assists with identification of duplicate
filings, which occur when consumers file multiple submissions.
Confidential paper submissions are moved to a locked storage room for
safekeeping. All records are kept in accordance with the agency records
control schedule approved by NARA.
Retrievability:
Information in this system, including, but not limited to records,
files, and data, may be retrieved by the individual's personal
identifiers (such as the complainant's name, address, telephone number,
fax number, and/or email address), entity name, program name, date
received and date closed, problem description field, and/or call sign.
Safeguards:
Electronic records that emanate from these informal complaint,
inquiry submissions, and requests for dispute assistance are maintained
in CIMS, CCMS, or other electronic and network computer databases not
specifically named here, which are secured through controlled access
and passwords restricted to a limited number of FCC employees or
contractors working on informal complaints, inquiries, and requests for
dispute assistance. In addition, as an added security measure, the
staff in the Consumer and Governmental Affairs Bureau, Enforcement
Bureau, and other FCC bureaus and offices who are assigned
responsibility for resolution of these records in CIMS are only allowed
access to these records via a ``license'' that also tracks their use of
the records. Confidential paper submissions are moved to a locked
storage room for safekeeping.
Retention and Disposal:
The information in this system is limited to electronic data, paper
files,
[[Page 48154]]
and audio files, such as telephone call records. The information is
retained at the FCC and then destroyed in accordance with the agency
records control schedule N1-173-07-1, approved by the National Archives
and Records Administration (NARA), which generally requires that source
records are destroyed three years after data are entered into the
system, and records in the master file are destroyed three years after
the case is closed. Revision of the language regarding the System
Managers and Address of the system, for clarity and to note that
individuals seeking information about themselves in this system should:
Address inquiries to the Privacy Analyst, Office of Managing Director
or Consumer and Governmental Affairs Bureau, Federal Communications
Commission, 445 12th Street SW., Washington, DC 20554.
Revision of the Notification, Record Access, and Contesting Record
Procedures for the system, for clarity and to note that individuals
seeking information about themselves in this system should:
Address inquiries to the Privacy Analyst, Office of Managing
Director or Consumer and Governmental Affairs Bureau, Federal
Communications Commission, 445 12th Street SW., Washington, DC 20554.
An individual requesting access must follow FCC Privacy Act regulations
regarding verification of identity and amendment of records. See 47 CFR
0.554-0.557.
Revision or modification of other data elements in CGB-1, as
required, to make editorial changes to update, simply, or clarify, as
necessary, this system of records notice (SORN) to make various other
minor edits and revisions as necessary to comply with the requirements
of the Privacy Act of 1974, as amended.
This notice meets the requirement of documenting the changes to the
systems of records that the FCC maintains, and provides the public,
Congress, and OMB an opportunity to comment.
FCC/CGB-1
System Name:
Informal Complaints, Inquiries, and Requests for Dispute Assistance
Security Classification:
The FCC's Security Operations Center (SOC) has not assigned a
security classification to this system of records.
System Location:
Consumer and Governmental Affairs Bureau, Federal Communications
Commission, 445 12th Street SW., Washington, DC 20554 and 1270
Fairfield Road, Gettysburg, PA 17325.
Categories of Individuals Covered by the System:
The categories of individuals in this system include individuals,
groups, and other entities who make or have made informal complaints,
inquiries, or requests for dispute assistance on matters arising under
the Communications Act of 1934, as amended, and the Rehabilitation Act.
Categories of Records in the System:
The categories of records in this system include both computerized
information contained in a database and paper copies of inquiries,
requests for dispute assistance, informal complaints, and related
supporting information made by individuals, groups, or other entities;
and company replies to complaints, requests, inquiries, and Commission
letters regarding such complaints, requests, and inquiries. The
categories of records may also include submissions that individuals,
groups, or other entities make, including, but not limited to,
submissions made by letter, fax, telephone, email, and via the FCC web
portal at www.fcc.gov.
Authority for Maintenance of the System:
Sections 1, 4, 206, 208, 225, 226, 227, 228, 255, 258, 301, 303,
309(e), 312, 362, 364, 386, 507, 710, 713, 716, 717, and 718 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 206, 208,
225, 226, 227, 228, 255, 258, 301, 303, 309(e), 312, 362, 364, 386,
507, 610, 613, 617, 618, and 619; Sections 504 and 508 of the
Rehabilitation Act, 29 U.S.C. 794 and 794d; and 47 CFR 0.111, 0.141,
1.711 et seq., 14.30 et seq., 20.19, 64.604, 68.414 et seq., and 79.1
et seq..
Purposes:
The records in this system are used by Commission personnel to
handle and process informal complaints, inquiries, and requests for
dispute assistance received from individuals, groups, and other
entities. Records in this system are available for public inspection
after redaction of information that could identify the complainant or
correspondent, such as the complainant's name, address, telephone
number, fax number, and/or email address.
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. Informal Complaints--When a record in this system involves an
informal complaint filed against telecommunications providers,
broadcasters, multi-channel video program distributors, voice-over-
internet-protocol providers, and/or wireless providers, the complaint
may be forwarded to the subject company for a response, pursuant to
Sections 4(i), 208, and 303(r) of the Communications Act of 1934, as
amended.
2. Informal Complaints, Inquiries, and Requests for Dispute
Assistance about Accessibility for Individuals with Disabilities--When
a record in this system involves an informal complaint, inquiry, or
request for dispute assistance involving or filed against a company
(including telecommunications and advanced communications service
providers and equipment manufacturers; video programming owners,
providers, and distributors, including broadcasters and multichannel
video programming distributors; and manufacturers of apparatus used to
receive, play back, or record video programming) about accessibility
for individuals with disabilities, the inquiry, request, or informal
complaint may be forwarded to the subject company for a response,
pursuant to Section 4(i), 208, and 303(r) of the Communications Act of
1934, as amended.
3. FCC Enforcement Actions--When an order or other Commission-
issued document that includes consideration of informal complaints
filed against telecommunications providers, broadcasters, multi-channel
video program distributors, voice-over-internet-protocol providers,
and/or wireless providers is entered by the FCC to implement or 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. When an order or other Commission-issued document that
includes consideration of an informal complaint about accessibility for
individuals with disabilities filed against a company (including
telecommunications and advanced communications service providers and
equipment manufacturers; video programming owners, providers, and
distributors, including broadcasters and multichannel video programming
distributors; and manufacturers of apparatus used to receive, play
back, or record video programming) is entered or released by the FCC to
implement or 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 confidentiality of his or her name
from
[[Page 48155]]
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.
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 referred to the appropriate
Federal, state, Tribal, or local agency 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. Adjudication and Litigation--Where by careful review, the
Commission determines that the records are both relevant and necessary
to litigation and the use of such records is deemed by the Commission
to be for a purpose that is compatible with the purpose for which the
Commission collected the records, these records may be used by a court
or adjudicative body in a proceeding when: (a) The Commission or any
component thereof; or (b) any employee of the Commission in his or her
official capacity; or (c) any employee of the Commission in his or her
individual capacity where the Commission has agreed to represent the
employee; or (d) the United States Government is a party to litigation
or has an interest in such litigation.
6. Department of Justice--A record from this system of records may
be disclosed to the Department of Justice 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.
7. Congressional Inquiries--When requested by a congressional
office in response to an inquiry by an individual made to the
congressional office for the individual's own records.
8. Government-wide Program Management and Oversight--When requested
by the General Services Administration (GSA), the National Archives and
Records Administration (NARA), 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 Department of Justice (DOJ) is contacted in
order to obtain that department's advice regarding disclosure
obligations under the Freedom of Information Act (FOIA); 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.
9. Breach of Federal Data--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 Consumer and Governmental Affairs Bureau staff logs consumer
informal complaints, inquiries, and requests for dispute assistance
that it receives into its Complaint and Inquiry Management System
(CIMS), Consolidated Complaint Management System (CCMS), and other
electronic databases and network databases not specifically named here
that are used to store consumer informal complaints and inquiries,
including requests for dispute assistance. Each request for dispute
assistance and informal complaint submission is automatically assigned
a file identification number for future reference when the case is
entered into one of the databases. This identification number tracks
consumer submissions and assists with identification of duplicate
filings, which occur when consumers file multiple submissions.
Confidential paper submissions are moved to a locked storage room for
safekeeping. All records are kept in accordance with the agency records
control schedule approved by NARA.
Retrievability:
Information in this system, including, but not limited to records,
files, and data, may be retrieved by the individual's personal
identifiers (such as the complainant's name, address, telephone number,
fax number, and/or email address), entity name, program name, date
received and date closed, problem description field, and/or call sign.
Safeguards:
Electronic records that emanate from these informal complaint,
inquiry submissions, and requests for dispute assistance are maintained
in CIMS, CCMS, or other electronic and network computer databases not
specifically named here, which are secured through controlled access
and passwords restricted to a limited number of FCC employees or
contractors working on informal complaints, inquiries, and requests for
dispute assistance. These various safeguards comply with the FCC's IT
security and privacy protocols. In addition, as an added security
measure, the staff in the Consumer and Governmental Affairs Bureau,
Enforcement Bureau, and other FCC bureaus and offices who are assigned
responsibility for resolution of these records in CIMS are only allowed
access to these records via a ``license'' that also tracks their use of
the records. Confidential paper submissions are moved to a locked
storage room for safekeeping.
Retention and Disposal:
The information in this system is limited to electronic data, paper
files, and audio files, such as telephone call records. The information
is retained at the FCC and then destroyed in accordance with the agency
records control schedule N1-173-07-1, approved by the National Archives
and Records Administration (NARA), which generally requires that source
records are destroyed three years after data are entered into the
system, and records in the master file are destroyed three years after
the case is closed.
System Managers and Address:
Address inquiries to the Privacy Analyst, Office of Managing
Director or Consumer and Governmental Affairs Bureau, Federal
Communications
[[Page 48156]]
Commission, 445 12th Street SW., Washington, DC 20554.
Notification Procedure:
Address inquiries to the Privacy Analyst, Office of Managing
Director or Consumer and Governmental Affairs Bureau, Federal
Communications Commission, 445 12th Street SW., Washington, DC 20554.
Record Access Procedures:
Address inquiries to the Privacy Analyst, Office of Managing
Director or Consumer and Governmental Affairs Bureau, Federal
Communications Commission, 445 12th Street SW., Washington, DC 20554.
An individual requesting access must follow FCC Privacy Act regulations
regarding verification of identity and amendment of records. See 47 CFR
0.554-0.557.
Contesting Record Procedures:
Address inquiries to the Privacy Analyst, Office of Managing
Director or Consumer and Governmental Affairs Bureau, Federal
Communications Commission, 445 12th Street SW., Washington, DC 20554.
Record Source Categories:
The sources for the information in this system include the
complainants and subject entities.
Exemptions Claimed for the System:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2014-19292 Filed 8-14-14; 8:45 am]
BILLING CODE 6712-01-P
