Privacy Act System of Records, 72047-72050 [2016-25314]
Download as PDF
Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices
72047
Dated: October 12, 2016.
Kimberly D. Bose,
Secretary.
Dated: October 12, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016–25241 Filed 10–18–16; 8:45 am]
[FR Doc. 2016–25244 Filed 10–18–16; 8:45 am]
[FR Doc. 2016–25248 Filed 10–18–16; 8:45 am]
BILLING CODE 6717–01–P
BILLING CODE 6717–01–P
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Federal Energy Regulatory
Commission
FEDERAL COMMUNICATIONS
COMMISSION
[Docket No. NJ17–1–000]
[Docket No. NJ17–2–000]
Oncor Electric Delivery Company LLC;
Notice of Filing
sradovich on DSK3GMQ082PROD with NOTICES
Dated: October 12, 2016.
Kimberly D. Bose,
Secretary.
Oncor Electric Delivery Company LLC;
Notice of Filing
Take notice that on October 4, 2016,
Oncor Electric Delivery Company LLC
submitted its tariff filing: Oncor Electric
Delivery Company LLC TFO Rate
Changes to be effective September 15,
2016.
Any person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211, 385.214).
Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. Such notices, motions, or
protests must be filed on or before the
comment date. Anyone filing a motion
to intervene or protest must serve a copy
of that document on the Applicant and
all the parties in this proceeding.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper using the
‘‘eFiling’’ link at https://www.ferc.gov.
Persons unable to file electronically
should submit an original and 5 copies
of the protest or intervention to the
Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC
20426.
This filing is accessible on-line at
https://www.ferc.gov, using the
‘‘eLibrary’’ link and is available for
electronic review in the Commission’s
Public Reference Room in Washington,
DC. There is an ‘‘eSubscription’’ link on
the Web site that enables subscribers to
receive email notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please email
FERCOnlineSupport@ferc.gov, or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Comment Date: 5:00 p.m. Eastern
Time on October 25, 2016.
Take notice that on October 4, 2016,
Oncor Electric Delivery Company LLC
submitted its tariff filing: Tex-La
Electric Cooperative of Texas Tariff Rate
Changes to be effective September 15,
2016.
Any person desiring to intervene or to
protest this filing must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211, 385.214).
Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Any person wishing to
become a party must file a notice of
intervention or motion to intervene, as
appropriate. Such notices, motions, or
protests must be filed on or before the
comment date. Anyone filing a motion
to intervene or protest must serve a copy
of that document on the Applicant and
all the parties in this proceeding.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper using the
‘‘eFiling’’ link at https://www.ferc.gov.
Persons unable to file electronically
should submit an original and 5 copies
of the protest or intervention to the
Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC
20426.
This filing is accessible online at
https://www.ferc.gov, using the
‘‘eLibrary’’ link and is available for
electronic review in the Commission’s
Public Reference Room in Washington,
DC. There is an ‘‘eSubscription’’ link on
the Web site that enables subscribers to
receive email notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please email
FERCOnlineSupport@ferc.gov, or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Comment Date: 5:00 p.m. Eastern
Time on October 25, 2016.
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Privacy Act System of Records
Federal Communications
Commission.
ACTION: Notice of amendments to an
existing system of records; two new
routine use(s).
AGENCY:
The Federal Communications
Commission (FCC or Commission) is
amending an existing system of records,
FCC/MB–1, Ownership Reports for
Commercial and Noncommercial
Broadcast Stations (previously FCC/
MB–1, Ownership Report for
Commercial Broadcast Stations), subject
to the Privacy Act of 1974, as amended.
This action is necessary to meet the
requirements of the Privacy Act to
publish in the Federal Register notice of
the existence and character of records
maintained by the agency. The FCC’s
Media Bureau (MB) will use the
information contained in this altered
system of records to administer the
Commission’s regulatory
responsibilities that relate to ownership
of commercial broadcast stations,
including AM and FM radio and
television (full power, Class A, and low
power); ownership of noncommercial
broadcast stations, including AM and
FM radio and full-power television; and
ownership of interests in daily
newspapers that are subject to the
Commission’s media ownership rules.
DATES: Written comments are due on or
before November 18, 2016. This action
will become effective on November 28,
2016 unless comments are received that
require a contrary determination.
ADDRESSES: Send comments to Leslie F.
Smith, Privacy Manager, Information
Technology (IT), Room 1–C216, Federal
Communications Commission, 445 12th
Street SW., Washington, DC 20554, or to
Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Leslie F. Smith, (202) 418–0217, or
Leslie.Smith@fcc.gov, and to obtain a
copy of the Narrative Statement, which
includes details of the proposed
alterations to this system of records.
SUPPLEMENTARY INFORMATION: The FCC
previously gave notice of this system of
records, FCC/MB–1, Ownership Reports
for Commercial and Noncommercial
Broadcast Stations (previously FCC/
SUMMARY:
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72048
Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices
MB–1, Ownership Report for
Commercial Broadcast Stations), by
publication in the Federal Register on
November 19, 2009 (74 FR 59978). This
notice serves to update and amend FCC/
MB–1 as a result of revised
requirements that the FCC adopted for
reporting certain ownership and/or
attributable interests in broadcast
stations.
FCC/MB–1
2100, Schedule 323–E (formerly Form
323–E); and
(4) Individuals who are married to or
related (i.e., parent-child or siblings,
etc.) to other individuals who have
attributable, reportable, and/or
ownership interests and who must
either file Form 2100, Schedule 323
(formerly Form 323), or have their
interests reported on Form 2100,
Schedule 323 (formerly Form 323).
CATEGORIES OF RECORDS IN THE SYSTEM:
SYSTEM NAME:
Ownership Reports for Commercial
and Noncommercial Broadcast Stations.
SECURITY CLASSIFICATION:
The Federal Communications
Commission (FCC) Chief Information
Officer (CIO) team will provide a
security classification to this system
based on NIST FIPS 199 standards.
SYSTEM LOCATION:
Media Bureau (MB), Federal
Communications Commission (FCC),
445 12th Street SW., Washington, DC
20554.
sradovich on DSK3GMQ082PROD with NOTICES
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals covered
by this system include but are not
limited to:
(1) Licensees, permittees, and
respondents, and other individuals or
entities with interests therein that are
required to file or have their interests
reported on:
(a) FCC Form 2100, Schedule 323,
‘‘Ownership Report for Commercial
Broadcast Stations’’ (formerly FCC Form
323) pursuant to 47 CFR 73.3615,
73.6026, and 74.797; and/or
(b) FCC Form 2100, Schedule 323–E,
‘‘Ownership Report for Noncommercial
Broadcast Stations’’ (formerly FCC Form
323–E) pursuant to 47 CFR 73.3615;
(2) Contact individuals reported on:
(a) Form 2100, Schedule 323
(formerly Form 323), e.g.,
representatives, relating to commercial
AM, FM, and television (full power,
Class A, and low power) broadcast
stations, and/or newspapers that are
subject to the Commission’s media
ownership rules, as required under 47
CFR 73.3555, etc.; and/or
(b) Form 2100, Schedule 323–E
(formerly Form 323–E), e.g.,
representatives, relating to
noncommercial AM, FM, and full-power
television broadcast stations;
(3) Individuals with ownership or
attributable interests in media
companies subject to the Commission’s
ownership rules or otherwise required
to be reported on Form 2100, Schedule
323 (formerly Form 323), and/or Form
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The categories of records in this
system include but are not limited to:
(1) Information that is required to be
submitted on Form 2100, Schedule 323
(formerly Form 323), and/or Form 2100,
Schedule 323–E (formerly Form 323–E),
including the ownership or other
interests of the licensee/permittee/
respondent, mailing address, telephone
number, email address, FCC
Registration Number (FRN), Restricted
Use FRN (RUFRN), listing type,
relationship to licensee/permittee/
respondent/other interest holder,
positional interest, joint interest status,
Tribal Nation/entity status, 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 Form 2100, Schedule
323 (formerly Form 323), and Form
2100, Schedule 323–E (formerly Form
323–E) submissions; and
(3) Any other records that are
submitted in connection with or created
as the result of the filing of Form 2100,
Schedule 323 (formerly Form 323), and/
or Form 2100, Schedule 323–E (formerly
Form 323–E).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 CFR 73.3555, 73.3615, 73.6026,
and 74.797.
PURPOSES:
The information obtained from Form
2100, Schedule 323 (formerly Form
323), and Form 2100, Schedule 323–E
(formerly Form 323–E) submissions is
kept to administer the Commission’s
regulatory responsibilities that relate to
the ownership of commercial broadcast
stations, including AM and FM radio
and television (full power, Class A, and
low power); ownership of
noncommercial broadcast stations,
including AM and FM radio and fullpower television; and ownership of
interests in daily newspapers that are
subject to the Commission’s media
ownership rules. The Commission uses
these records in this system:
(1) To assess the data contained in
responses to Form 2100, Schedule 323
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(formerly Form 323), and/or Form 2100,
Schedule 323–E (formerly Form 323–E),
which the Commission uses to evaluate
licensees’ or permittees’ compliance
with the Commission’s media
ownership rules, etc., and other related
uses. These forms are filed:
(a) To satisfy the biennial filing
requirement (Biennial Ownership
Report);
(b) As a validation and resubmission
of a previously filed Biennial
Ownership Report;
(c) In connection with the transfer of
control or assignment of a broadcast
station;
(d) By a permittee within 30 days after
the grant of a construction permit and
on the date that the permittee files its
license application;
(e) As a certification of accuracy of the
initial or post-consummation
Ownership Report filed by the permittee
in conjunction with its application for a
station license; or
(f) As an amendment of a previously
filed Ownership Report.
(2) To undertake studies of minority
and female ownership that include but
are not limited to: Studies that support
the Commission’s 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 Form 2100,
Schedule 323 (formerly Form 323), and/
or Form 2100, Schedule 323–E (formerly
Form 323–E), within the Commission’s
authority.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed to authorized entities, as is
determined to be relevant and
necessary, outside the FCC as a routine
use pursuant to 5 U.S.C. 552a(b)(3) as
follows. In each of these cases, the FCC
will determine whether disclosure of
the records is compatible with the
purpose(s) for which the records were
collected.
1. Public Access—Under the rules of
the Commission, documents filed in
MB’s Consolidated Database System
(CDBS) are publicly available. Form
2100, Schedule 323, and Form 2100,
Schedule 323–E—the revised versions
of Forms 323 and 323–E, respectively—
will be implemented in MB’s Licensing
and Management System (LMS).
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Documents filed in LMS are publicly
available via the Commission’s Web
site;
2. Adjudication and Litigation—To
the Department of Justice (DOJ), or other
administrative body before which the
FCC is authorized to appear, when: (a)
The FCC or any component thereof; or
(b) any employee of the FCC in his or
her official capacity; or (c) any
employee of the FCC in his or her
individual capacity where DOJ or the
FCC has agreed to represent the
employee; or (d) the United States is a
party to litigation or has an interest in
such litigation, and the use of such
records by the DOJ or the FCC is
deemed by the FCC to be relevant and
necessary to the litigation;
3. Financial Obligations under the
Debt Collection Acts—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—To disclose pertinent
information to the appropriate Federal,
State, or local agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where the FCC becomes aware
of an indication of a violation or
potential violation of a civil or criminal
law or regulation;
5. Congressional Inquiries—To
provide information to a congressional
office from the record of an individual
in response to an inquiry made from
that congressional office made at the
request of that individual;
6. Government-wide Program
Management and Oversight—To the
National Archives and Records
Administration (NARA) for use in its
records management inspections; to the
Government Accountability Office
(GAO) for oversight purposes; to DOJ in
order to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act (FOIA);
or to the Office of Management and
Budget (OMB) in order to obtain that
office’s advice regarding obligations
under the Privacy Act;
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7. Breach Notification—To
appropriate agencies, entities, and
persons when (a) the Commission
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (b) 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 (c) 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; and
8. Non-Federal Personnel—To
disclose information to contractors
performing or working on a contract for
the Federal Government.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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 and Form
323–E filings must be submitted
electronically (e.g., paper copy filings
are not acceptable). Form 323 and Form
323–E filings are currently submitted
via CDBS, at https://www.fcc.gov/
media/filing-systems-and-databases.
Filings on Form 2100, Schedule 323,
and Form 2100, Schedule 323–E—the
revised versions of Forms 323 and 323–
E, respectively—will be submitted
electronically via LMS, at https://
enterpriseefiling.fcc.gov/dataentry/
login.html.
RETRIEVABILITY:
Information in this system is publicly
retrievable. The information may be
viewed via the ‘‘Public Access’’ Search
functionality in CDBS, at https://
www.fcc.gov/media/filing-systems-anddatabases, by clicking on the
‘‘Ownership Search’’ link. Information
may be retrieved by searching
electronically using a variety of
parameters including the call sign,
Frm 00015
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 or Form 323–E. 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/
media/radio/cdbs-database-public-files.
Information is retrieved internally via
database commands by authorized FCC
staff and contractors who have been
granted permission to access the data.
Form 2100, Schedule 323, and Form
2100, Schedule 323–E—the revised
versions of Forms 323 and 323–E,
respectively—will be implemented in
LMS. Information filed in LMS may be
viewed via the ‘‘LMS Public Search’’
functionality in LMS, at https://
enterpriseefiling.fcc.gov/dataentry/
login.html. LMS Public Database Tables
may be downloaded from the LMS
Public Database Files Web site: https://
enterpriseefiling.fcc.gov/dataentry/
public/tv/lmsDatabase.html.
SAFEGUARDS:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
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Information in these records and files
is available to the public via the FCC
Internet portal at: https://www.fcc.gov/
media/filing-systems-and-databases.
Access to the ownership records housed
in the CDBS and LMS databases is
restricted to authorized MB supervisory
and staff and IT staff and contractors,
who maintain the CDBS and LMS
network computer databases. Other FCC
staff and contractors may be granted
access to this information, only on a
‘‘need-to-know’’ basis.
The CDBS and LMS databases are part
of the FCC’s computer network
databases. The FCC’s computer network
is protected by a comprehensive and
dynamic set of IT safety and security
protocols and features that are designed
to meet all Federal IT privacy standards,
including those required by the National
Institute of Standards and Technology
(NIST) and the Federal Information
Security Management Act (FISMA).
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. The agency records
control schedule N1–173–86–2,
approved by NARA, authorizes
permanent retention of original
documents of information reported
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Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices
pursuant to Sections 73.3613 and
73.3615 of the Commission’s rules,
including ownership reports (FCC Form
323). Until NARA approves an
appropriate records schedule, any
information in this system that is not
covered by the agency records control
schedule N1–173–86–2 will also be
treated as permanent.
SYSTEM MANAGER(S) AND ADDRESS(ES):
Media Bureau (MB), Federal
Communications Commission (FCC),
445 12th Street SW., Washington, DC
20554.
NOTIFICATION PROCEDURE:
Individuals wishing to determine
whether this system of records contains
information about them may do so by
writing to Leslie F. Smith, Privacy
Manager, Information Technology (IT),
Federal Communications Commission
(FCC), 445 12th Street SW., Washington,
DC 20554 or Leslie.Smith@fcc.gov.
Individuals must furnish reasonable
identification by showing any two of the
following: Social security card; driver’s
license; employee identification card;
Medicare card; birth certificate; bank
credit card; or other positive means of
identification, or by signing an identity
statement stipulating that knowingly or
willfully seeking or obtaining access to
records about another person under
false pretenses is punishable by a fine
of up to $5,000.
Individuals requesting access must
also comply with the FCC’s Privacy Act
regulations regarding verification of
identity and access to records (5 CFR
part 0, subpart E).
RECORD ACCESS PROCEDURES:
Access to Form 323 and Form 323–E
submissions is available through the
Commission’s Web site as stated above,
at https://www.fcc.gov/media/filingsystems-and-databases. Form 2100,
Schedule 323, and Form 2100, Schedule
323–E—the revised versions of Forms
323 and 323–E, respectively—will be
implemented in LMS, and documents
filed in LMS are publicly available
through the Commission’s Web site.
Individuals wishing to obtain additional
information about records in this system
should follow the Notification
Procedure above.
sradovich on DSK3GMQ082PROD with NOTICES
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest
information pertaining to them in the
system of records should follow the
Notification Procedure above.
either biennially or at other occasions,
under 47 CFR 73.3615, 73.6026, and
74.797 of the Commission’s rules, and
include but are not limited to:
(1) Licensees, permittees, and
respondents, and other individuals or
entities with interests therein that are
required to file or have their interests
reported on:
(a) FCC Form 2100, Schedule 323,
‘‘Ownership Report for Commercial
Broadcast Station’’ (formerly Form 323)
pursuant to 47 CFR 73.3615, 73.6026,
and 74.797; and/or
(b) FCC Form 2100, Schedule 323–E,
‘‘Ownership Report for Noncommercial
Broadcast Stations’’ (formerly Form
323–E) pursuant to 47 CFR 73.3615;
(2) Contact individuals reported on:
(a) Form 2100, Schedule 323
(formerly Form 323), e.g.,
representatives, relating to commercial
AM, FM, and television (full power,
Class A, and low power) broadcast
stations, and/or newspapers that are
subject to the Commission’s media
ownership rules, as required under 47
CFR 73.3555, etc.; and/or
(b) Form 2100, Schedule 323–E
(formerly Form 323–E), e.g.,
representatives, relating to
noncommercial AM, FM, and full-power
television broadcast stations;
(3) Individuals with ownership or
attributable interests in media
companies subject to the Commission’s
ownership rules or otherwise required
to be reported on Form 2100, Schedule
323 (formerly Form 323), and/or Form
2100, Schedule 323–E (formerly Form
323–E); and
(4) Individuals who are married to or
related (i.e., parent-child or siblings,
etc.) to other individuals who have
attributable, reportable, and/or
ownership interests and who must
either file Form 2100, Schedule 323
(formerly Form 323), or have their
interests reported on Form 2100,
Schedule 323 (formerly Form 323).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2016–25314 Filed 10–18–16; 8:45 am]
BILLING CODE 6712–01–P
RECORD SOURCE CATEGORIES:
The sources for the information in
this system are all entities that are
required to file an ownership report,
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FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0809]
Information Collection Being Reviewed
by the Federal Communications
Commission Under Delegated
Authority
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission (FCC or Commission)
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collections.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor a
collection of information unless it
displays a currently valid OMB control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid OMB
control number.
DATES: Written PRA comments should
be submitted on or before December 19,
2016. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicole Ongele, FCC, via email to PRA@
fcc.gov and to Nicole.Ongele@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Nicole
Ongele at (202) 418–2991.
OMB Control Number: 3060–0809.
Title: Communications Assistance for
Law Enforcement Act (CALEA).
SUMMARY:
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Agencies
[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Notices]
[Pages 72047-72050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25314]
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FEDERAL COMMUNICATIONS COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of amendments to an existing system of records; two new
routine use(s).
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SUMMARY: The Federal Communications Commission (FCC or Commission) is
amending an existing system of records, FCC/MB-1, Ownership Reports for
Commercial and Noncommercial Broadcast Stations (previously FCC/MB-1,
Ownership Report for Commercial Broadcast Stations), subject to the
Privacy Act of 1974, as amended. This action is necessary to meet the
requirements of the Privacy Act to publish in the Federal Register
notice of the existence and character of records maintained by the
agency. The FCC's Media Bureau (MB) will use the information contained
in this altered system of records to administer the Commission's
regulatory responsibilities that relate to ownership of commercial
broadcast stations, including AM and FM radio and television (full
power, Class A, and low power); ownership of noncommercial broadcast
stations, including AM and FM radio and full-power television; and
ownership of interests in daily newspapers that are subject to the
Commission's media ownership rules.
DATES: Written comments are due on or before November 18, 2016. This
action will become effective on November 28, 2016 unless comments are
received that require a contrary determination.
ADDRESSES: Send comments to Leslie F. Smith, Privacy Manager,
Information Technology (IT), Room 1-C216, Federal Communications
Commission, 445 12th Street SW., Washington, DC 20554, or to
Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, (202) 418-0217, or
Leslie.Smith@fcc.gov, and to obtain a copy of the Narrative Statement,
which includes details of the proposed alterations to this system of
records.
SUPPLEMENTARY INFORMATION: The FCC previously gave notice of this
system of records, FCC/MB-1, Ownership Reports for Commercial and
Noncommercial Broadcast Stations (previously FCC/
[[Page 72048]]
MB-1, Ownership Report for Commercial Broadcast Stations), by
publication in the Federal Register on November 19, 2009 (74 FR 59978).
This notice serves to update and amend FCC/MB-1 as a result of revised
requirements that the FCC adopted for reporting certain ownership and/
or attributable interests in broadcast stations.
FCC/MB-1
SYSTEM NAME:
Ownership Reports for Commercial and Noncommercial Broadcast
Stations.
SECURITY CLASSIFICATION:
The Federal Communications Commission (FCC) Chief Information
Officer (CIO) team will provide a security classification to this
system based on NIST FIPS 199 standards.
SYSTEM LOCATION:
Media Bureau (MB), Federal Communications Commission (FCC), 445
12th Street SW., Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered by this system include but
are not limited to:
(1) Licensees, permittees, and respondents, and other individuals
or entities with interests therein that are required to file or have
their interests reported on:
(a) FCC Form 2100, Schedule 323, ``Ownership Report for Commercial
Broadcast Stations'' (formerly FCC Form 323) pursuant to 47 CFR
73.3615, 73.6026, and 74.797; and/or
(b) FCC Form 2100, Schedule 323-E, ``Ownership Report for
Noncommercial Broadcast Stations'' (formerly FCC Form 323-E) pursuant
to 47 CFR 73.3615;
(2) Contact individuals reported on:
(a) Form 2100, Schedule 323 (formerly Form 323), e.g.,
representatives, relating to commercial AM, FM, and television (full
power, Class A, and low power) broadcast stations, and/or newspapers
that are subject to the Commission's media ownership rules, as required
under 47 CFR 73.3555, etc.; and/or
(b) Form 2100, Schedule 323-E (formerly Form 323-E), e.g.,
representatives, relating to noncommercial AM, FM, and full-power
television broadcast stations;
(3) Individuals with ownership or attributable interests in media
companies subject to the Commission's ownership rules or otherwise
required to be reported on Form 2100, Schedule 323 (formerly Form 323),
and/or Form 2100, Schedule 323-E (formerly Form 323-E); and
(4) Individuals who are married to or related (i.e., parent-child
or siblings, etc.) to other individuals who have attributable,
reportable, and/or ownership interests and who must either file Form
2100, Schedule 323 (formerly Form 323), or have their interests
reported on Form 2100, Schedule 323 (formerly Form 323).
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include but are not
limited to:
(1) Information that is required to be submitted on Form 2100,
Schedule 323 (formerly Form 323), and/or Form 2100, Schedule 323-E
(formerly Form 323-E), including the ownership or other interests of
the licensee/permittee/respondent, mailing address, telephone number,
email address, FCC Registration Number (FRN), Restricted Use FRN
(RUFRN), listing type, relationship to licensee/permittee/respondent/
other interest holder, positional interest, joint interest status,
Tribal Nation/entity status, 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 Form 2100, Schedule 323 (formerly
Form 323), and Form 2100, Schedule 323-E (formerly Form 323-E)
submissions; and
(3) Any other records that are submitted in connection with or
created as the result of the filing of Form 2100, Schedule 323
(formerly Form 323), and/or Form 2100, Schedule 323-E (formerly Form
323-E).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 CFR 73.3555, 73.3615, 73.6026, and 74.797.
PURPOSES:
The information obtained from Form 2100, Schedule 323 (formerly
Form 323), and Form 2100, Schedule 323-E (formerly Form 323-E)
submissions is kept to administer the Commission's regulatory
responsibilities that relate to the ownership of commercial broadcast
stations, including AM and FM radio and television (full power, Class
A, and low power); ownership of noncommercial broadcast stations,
including AM and FM radio and full-power television; and ownership of
interests in daily newspapers that are subject to the Commission's
media ownership rules. The Commission uses these records in this
system:
(1) To assess the data contained in responses to Form 2100,
Schedule 323 (formerly Form 323), and/or Form 2100, Schedule 323-E
(formerly Form 323-E), which the Commission uses to evaluate licensees'
or permittees' compliance with the Commission's media ownership rules,
etc., and other related uses. These forms are filed:
(a) To satisfy the biennial filing requirement (Biennial Ownership
Report);
(b) As a validation and resubmission of a previously filed Biennial
Ownership Report;
(c) In connection with the transfer of control or assignment of a
broadcast station;
(d) By a permittee within 30 days after the grant of a construction
permit and on the date that the permittee files its license
application;
(e) As a certification of accuracy of the initial or post-
consummation Ownership Report filed by the permittee in conjunction
with its application for a station license; or
(f) As an amendment of a previously filed Ownership Report.
(2) To undertake studies of minority and female ownership that
include but are not limited to: Studies that support the Commission's
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 Form 2100, Schedule 323 (formerly Form 323),
and/or Form 2100, Schedule 323-E (formerly Form 323-E), within the
Commission's authority.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows. In
each of these cases, the FCC will determine whether disclosure of the
records is compatible with the purpose(s) for which the records were
collected.
1. Public Access--Under the rules of the Commission, documents
filed in MB's Consolidated Database System (CDBS) are publicly
available. Form 2100, Schedule 323, and Form 2100, Schedule 323-E--the
revised versions of Forms 323 and 323-E, respectively--will be
implemented in MB's Licensing and Management System (LMS).
[[Page 72049]]
Documents filed in LMS are publicly available via the Commission's Web
site;
2. Adjudication and Litigation--To the Department of Justice (DOJ),
or other administrative body before which the FCC is authorized to
appear, when: (a) The FCC or any component thereof; or (b) any employee
of the FCC in his or her official capacity; or (c) any employee of the
FCC in his or her individual capacity where DOJ or the FCC has agreed
to represent the employee; or (d) the United States is a party to
litigation or has an interest in such litigation, and the use of such
records by the DOJ or the FCC is deemed by the FCC to be relevant and
necessary to the litigation;
3. Financial Obligations under the Debt Collection Acts--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--To disclose pertinent
information to the appropriate Federal, State, or local agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, where the FCC becomes aware of
an indication of a violation or potential violation of a civil or
criminal law or regulation;
5. Congressional Inquiries--To provide information to a
congressional office from the record of an individual in response to an
inquiry made from that congressional office made at the request of that
individual;
6. Government-wide Program Management and Oversight--To the
National Archives and Records Administration (NARA) for use in its
records management inspections; to the Government Accountability Office
(GAO) for oversight purposes; to DOJ in order to obtain that
department's advice regarding disclosure obligations under the Freedom
of Information Act (FOIA); or to the Office of Management and Budget
(OMB) in order to obtain that office's advice regarding obligations
under the Privacy Act;
7. Breach Notification--To appropriate agencies, entities, and
persons when (a) the Commission suspects or has confirmed that the
security or confidentiality of information in the system of records has
been compromised; (b) 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 (c) 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; and
8. Non-Federal Personnel--To disclose information to contractors
performing or working on a contract for the Federal Government.
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 and Form 323-E filings must be submitted electronically (e.g.,
paper copy filings are not acceptable). Form 323 and Form 323-E filings
are currently submitted via CDBS, at https://www.fcc.gov/media/filing-systems-and-databases. Filings on Form 2100, Schedule 323, and Form
2100, Schedule 323-E--the revised versions of Forms 323 and 323-E,
respectively--will be submitted electronically via LMS, at https://enterpriseefiling.fcc.gov/dataentry/login.html.
RETRIEVABILITY:
Information in this system is publicly retrievable. The information
may be viewed via the ``Public Access'' Search functionality in CDBS,
at https://www.fcc.gov/media/filing-systems-and-databases, 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 or Form 323-E. 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/media/radio/cdbs-database-public-files. Information
is retrieved internally via database commands by authorized FCC staff
and contractors who have been granted permission to access the data.
Form 2100, Schedule 323, and Form 2100, Schedule 323-E--the revised
versions of Forms 323 and 323-E, respectively--will be implemented in
LMS. Information filed in LMS may be viewed via the ``LMS Public
Search'' functionality in LMS, at https://enterpriseefiling.fcc.gov/dataentry/login.html. LMS Public Database Tables may be downloaded from
the LMS Public Database Files Web site: https://enterpriseefiling.fcc.gov/dataentry/public/tv/lmsDatabase.html.
SAFEGUARDS:
Information in these records and files is available to the public
via the FCC Internet portal at: https://www.fcc.gov/media/filing-systems-and-databases. Access to the ownership records housed in the
CDBS and LMS databases is restricted to authorized MB supervisory and
staff and IT staff and contractors, who maintain the CDBS and LMS
network computer databases. Other FCC staff and contractors may be
granted access to this information, only on a ``need-to-know'' basis.
The CDBS and LMS databases are part of the FCC's computer network
databases. The FCC's computer network is protected by a comprehensive
and dynamic set of IT safety and security protocols and features that
are designed to meet all Federal IT privacy standards, including those
required by the National Institute of Standards and Technology (NIST)
and the Federal Information Security Management Act (FISMA).
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. The agency records control schedule N1-173-
86-2, approved by NARA, authorizes permanent retention of original
documents of information reported
[[Page 72050]]
pursuant to Sections 73.3613 and 73.3615 of the Commission's rules,
including ownership reports (FCC Form 323). Until NARA approves an
appropriate records schedule, any information in this system that is
not covered by the agency records control schedule N1-173-86-2 will
also be treated as permanent.
SYSTEM MANAGER(S) AND ADDRESS(ES):
Media Bureau (MB), Federal Communications Commission (FCC), 445
12th Street SW., Washington, DC 20554.
NOTIFICATION PROCEDURE:
Individuals wishing to determine whether this system of records
contains information about them may do so by writing to Leslie F.
Smith, Privacy Manager, Information Technology (IT), Federal
Communications Commission (FCC), 445 12th Street SW., Washington, DC
20554 or Leslie.Smith@fcc.gov.
Individuals must furnish reasonable identification by showing any
two of the following: Social security card; driver's license; employee
identification card; Medicare card; birth certificate; bank credit
card; or other positive means of identification, or by signing an
identity statement stipulating that knowingly or willfully seeking or
obtaining access to records about another person under false pretenses
is punishable by a fine of up to $5,000.
Individuals requesting access must also comply with the FCC's
Privacy Act regulations regarding verification of identity and access
to records (5 CFR part 0, subpart E).
RECORD ACCESS PROCEDURES:
Access to Form 323 and Form 323-E submissions is available through
the Commission's Web site as stated above, at https://www.fcc.gov/media/filing-systems-and-databases. Form 2100, Schedule 323, and Form
2100, Schedule 323-E--the revised versions of Forms 323 and 323-E,
respectively--will be implemented in LMS, and documents filed in LMS
are publicly available through the Commission's Web site. Individuals
wishing to obtain additional information about records in this system
should follow the Notification Procedure above.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest information pertaining to them in
the system of records should follow the Notification Procedure above.
RECORD SOURCE CATEGORIES:
The sources for the information in this system are all entities
that are required to file an ownership report, either biennially or at
other occasions, under 47 CFR 73.3615, 73.6026, and 74.797 of the
Commission's rules, and include but are not limited to:
(1) Licensees, permittees, and respondents, and other individuals
or entities with interests therein that are required to file or have
their interests reported on:
(a) FCC Form 2100, Schedule 323, ``Ownership Report for Commercial
Broadcast Station'' (formerly Form 323) pursuant to 47 CFR 73.3615,
73.6026, and 74.797; and/or
(b) FCC Form 2100, Schedule 323-E, ``Ownership Report for
Noncommercial Broadcast Stations'' (formerly Form 323-E) pursuant to 47
CFR 73.3615;
(2) Contact individuals reported on:
(a) Form 2100, Schedule 323 (formerly Form 323), e.g.,
representatives, relating to commercial AM, FM, and television (full
power, Class A, and low power) broadcast stations, and/or newspapers
that are subject to the Commission's media ownership rules, as required
under 47 CFR 73.3555, etc.; and/or
(b) Form 2100, Schedule 323-E (formerly Form 323-E), e.g.,
representatives, relating to noncommercial AM, FM, and full-power
television broadcast stations;
(3) Individuals with ownership or attributable interests in media
companies subject to the Commission's ownership rules or otherwise
required to be reported on Form 2100, Schedule 323 (formerly Form 323),
and/or Form 2100, Schedule 323-E (formerly Form 323-E); and
(4) Individuals who are married to or related (i.e., parent-child
or siblings, etc.) to other individuals who have attributable,
reportable, and/or ownership interests and who must either file Form
2100, Schedule 323 (formerly Form 323), or have their interests
reported on Form 2100, Schedule 323 (formerly Form 323).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2016-25314 Filed 10-18-16; 8:45 am]
BILLING CODE 6712-01-P