Privacy Act of 1974; System of Records, 54900-54902 [2019-22258]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Notices]
[Pages 54900-54902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22258]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice of a New System of Records.

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SUMMARY: The Federal Communications Commission (FCC or Commission or 
Agency) proposes to add a new system of records, FCC/WCB-2, Toll Free 
Number Auction System, to its inventory of records systems 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. As its initial undertaking, the system will collect and process 
the bidder information necessary to administer the auction of 
approximately 17,000 numbers in the 833 toll free code (``833 
Auction''). The FCC has established Somos, Inc., the Toll Free 
Numbering Administrator (``Somos''), as the auctioneer of the 833 
Auction.

DATES: This system of records will become effective on October 11, 
2019. Written comments on the system's routine uses are due by November 
12, 2019. The routine uses will become effective on November 12, 2019, 
unless written 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 
[email protected].

FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, (202) 418-0217, or 
[email protected] (and to obtain a copy of the Narrative Statement 
that includes details of this proposed new system of records).

SUPPLEMENTARY INFORMATION: In an order it released on September 27, 
2018, the Commission established a framework for the auctioning of 
certain numbers in the recently-opened 833 toll free code and appointed 
Somos as the auctioneer of these numbers. Toll Free Assignment 
Modernization, Toll Free Access Codes, WC Docket No. 17-192, CC Docket 
No. 95-155, Report and Order, 33 FCC Rcd 9274 (2018). This auction is 
an experiment in the use of competitive bidding to assign toll free 
numbers, and is the first time the FCC will allocate toll free 
telephone numbers via an auction process. In order to make sure that 
the 833 Auction is conducted in a fair and transparent manner, parties 
interested in participating in the auction (which may include 
``individuals'' as that term is defined in the Privacy Act) will be 
required to disclose certain information and make certain 
certifications during an application process. This information will be 
used to determine the parties' eligibility to participate in the 
auction and to administer the 833 Auction, including the awarding of 
numbers to winning bidders. In addition, this system will also include 
information about parties that subsequently purchase auctioned numbers 
in the secondary market. This system of records includes both the 833 
Auction and possible future auctions of telephone numbers that may be 
conducted in a similar manner.

SYSTEM NAME AND NUMBER:
    FCC/WCB-2, Toll Free Number Auction System.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION(S):
    Federal Communications Commission (FCC), 445 12th Street SW, 
Washington, DC 20554; for the 833 Auction described in the 
``Supplementary Information'' section above, the system will be located 
at Somos Corporation, 2411 Dulles Corner Park, Suite 250, Herndon, VA 
20171.

SYSTEM MANAGER(S):
    Wireline Communication Bureau (WCB), Federal Communications 
Commission (FCC), 445 12th Street SW, Washington, DC 20554;

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 251(e) of the Communications Act of 1934, as amended, gives 
the FCC authority to create or designate impartial entities to 
administer telecommunications numbering and to make such numbers 
available on an equitable basis. 47 U.S.C. 251(e). Pursuant to this 
authority, the Commission has issued rules on the administration of 
toll free numbering. 47 CFR 52.101-111. These rules allow the 
Commission to assign toll free numbers using a variety of methods, 
including competitive bidding. 47 CFR 52.111.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to assign toll free numbers in a 
market-based and equitable manner. It flows from and is consistent with 
the FCC's statutory responsibility to administer telecommunications 
numbering. In order to carry out this purpose, the FCC-designated 
auctioneer will collect information from parties that are interested in 
bidding for toll free numbers, will take steps to verify the parties' 
identities, and will determine whether the parties are eligible to 
participate in auctions such as the 833 Auction. Interested parties 
will also be required to certify that they will follow the rules that 
the FCC has established to ensure a fair and transparent auction 
process. The auctioneer will then use the information to conduct the 
auction and collect payments from winning bidders. In addition, this 
system will also include information about parties that subsequently 
purchase auctioned numbers in the secondary market.

CATEGORIES OF INDIVDUALS COVERED BY THE SYSTEM:
    The categories of individuals in this system include, but are not 
limited to, individuals who have registered for an auction 
identification number, filled out an auction application form, and 
actually participated in toll free number auctions such as the 833 
Auction. It may also include individuals who purchase auctioned numbers 
in the secondary market.

[[Page 54901]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system include, but are not 
limited to, names, physical address, email address, telephone number, 
and an assigned unique identifying number for each auction applicant 
and for individuals who purchase auctioned numbers in the secondary 
market.

RECORD SOURCE CATEGORIES:
    The sources for the majority of information in this system of 
records are the individual applicants interested in participating in 
toll free number auctions such as the 833 Auction. In order to ensure 
that the auction operates in a fair manner, the auctioneer may use a 
commercial identity verification service to verify the identity of 
individuals when they initially register for the auctions.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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:
    1. Public Access--In accordance with auction rules published by the 
Commission, the identities of auction applicants may be disclosed prior 
to auctions such as the 833 Auction. Additional information related to 
the numbers on which auction participants bid and the amount of such 
bids may be released after the auction has concluded.
    2. Third-Party Identity Verification Service--To a third-party 
commercial identity verification service when individuals attempt to 
register for toll free number auctions such as the 833 Auction, in 
order to determine that the registrant is a real person.
    3. Adjudication and Litigation--To disclose information to the 
Department of Justice (DOJ), or to a court or adjudicative 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 the DOJ or the FCC have agreed to represent 
the employee; or (d) the United States is a party to litigation or have 
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.
    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 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 from that Congressional office made at the written request of 
that individual.
    6. Government-wide Program Management and Oversight--To disclose 
information 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 the Department 
of Justice (DOJ) 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) 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 there 
has been a breach of the system of records; (b) the Commission has 
determined that as a result of the suspected or confirmed breach there 
is a risk of harm to individuals, the Commission (including its 
information systems, programs, and operations), the Federal Government, 
or national security; 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 
breach or to prevent, minimize, or remedy such harm.
    8. Assistance to Federal Agencies and Entities--To another Federal 
agency or Federal entity, when the Commission determines that 
information from this system is reasonably necessary to assist the 
recipient agency or entity in: (a) Responding to a suspected or 
confirmed breach or (b) preventing, minimizing, or remedying the risk 
of harm to individuals, the recipient agency or entity (including its 
information systems, program, and operations), the Federal Government, 
or national security, resulting from a suspected or confirmed breach.
    9. FCC/Auctioneer Program Management--To FCC and auctioneer 
employees to conduct official duties associated with the management and 
operation of toll free number auctions such as the 833 Auction, as 
directed by the Commission.
    10. Third Party Contractors--To an employee of a third-party 
contractor or subcontractor engaged by the FCC or the auctioneer to, 
among other things, develop and test the web-based auction application, 
store and process bidder registration and application information in a 
cloud-based computing environment, and operate the actual auction 
process.
    11. Audits and Investigations--To auditors or other investigative 
personnel hired by the FCC or the auctioneer to examine, among other 
topics, (1) the performance of the auctioneer in toll free number 
auctions such as the 833 Auction, and (2) the efficiency and integrity 
of toll free number auctions such as the 833 Auction.

REPORTING TO A CONSUMER REPORTING AGENCY:
    In addition to the routine uses listed above, the Commission may 
share information from this system of records with a consumer reporting 
agency regarding an individual who has not paid a valid and overdue 
financial debt owed to the Commission, following the procedures set out 
in the Debt Collection Act, 31 U.S.C. 3701(e).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Information in this system of records will include primarily 
electronic records, files, and documents pertaining to toll free number 
auctions such as the 833 Auction. The FCC, the auctioneer, and their 
contractors and subcontractors, as applicable, will jointly manage the 
electronic data.
    A limited number of paper records, files, and documents will be 
maintained for various, short-term uses, as necessary. These documents 
will be stored in file cabinets in FCC offices and at the offices of 
the auctioneer and their contractors or subcontractors. The information 
in the paper formats will be secured in file cabinets and other storage 
facilities are locked when not in use and/or at the end of the business 
day. These paper documents are destroyed by shredding when no longer 
needed. Records are maintained in secure, limited access areas.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information in this system can be retrieved by various identifiers, 
including, but not limited to, the individual applicant's name, 
physical address, email address, telephone number, or auction 
identification number.

[[Page 54902]]

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The FCC is developing a records retention and disposal schedule for 
these records that will be submitted to the National Archives and 
Records Administration (NARA) for review and approval. No records will 
be destroyed until NARA has approved this new records schedule.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic data, records, and files will be stored within the 
auctioneer's accreditation boundaries. The FCC will oversee the 
auctioneer's management of this system. Access to the electronic files 
is restricted to the FCC staff and its contractors and subcontractors, 
and to the employees of the auctioneer and its contractors and 
subcontractors, who carry out the auction activities. Other FCC 
employees, auctioneer employees, contractors and subcontractors may be 
granted access only on a need-to-know basis. The data are protected by 
the auctioneer's security safeguards, a comprehensive and dynamic set 
of information technology (IT) safety and security protocols and 
features that are designed to meet all Federal IT standards, including, 
but not limited to, those required by the Federal Information Security 
Modernization Act of 2014 (FISMA), the Office of Management and Budget 
(OMB), and the National Institute of Standards and Technology (NIST). 
The electronic files and records are destroyed by electronic erasure or 
destruction, as applicable, when no longer needed.
    Employees of the FCC and of the auctioneer may print paper copies 
of these electronic records for various, short-term uses, as necessary. 
These paper document copies are stored in locked file cabinets when not 
in use. Physical entry by unauthorized persons where this information 
is stored is restricted through use of locks, passwords, and other 
security measures. Only authorized FCC and auctioneer employees may 
have access to these documents. These paper documents are destroyed by 
shredding when no longer needed.

RECORDS ACCESS PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about themselves should follow the Notification Procedure 
below.

CONTESTING RECORDS PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about them should follow the Notification Procedure below.

NOTIFICATION PROCEDURES:
    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, Federal Communications 
Commission, 445 12th Street SW, Washington, DC 20554, or email 
[email protected].
    Individuals must furnish reasonable identification by showing any 
two of the following: Social security card; passport; driver's license; 
employee identification card; Medicare card; birth certificate; bank 
credit card; and/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 (47 CFR part 0, subpart E).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    This is a new system of records.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019-22258 Filed 10-10-19; 8:45 am]
 BILLING CODE 6712-01-P