Privacy Act of 1974; System of Records, 11523-11526 [2021-03928]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices
deviations (under-delivery), outside the
deviation bandwidth, will be charged
the greater of 150-percent of the CAISO
market price or 150-percent of WAPA–
SN’s actual cost; and (3) positive
deviations (over-delivery), outside the
deviation bandwidth, will be lost to the
system, except for any hour when
WAPA–SN incurs a cost to dispose of
the energy, in which event the
responsible party will bear that cost.
Deviations that occur as a result of
actions taken to support reliability will
be resolved in accordance with existing
contractual requirements. Such actions
include reserve activations or
uncontrolled event responses as
directed by the responsible reliability
authority such as SBA, Host Balancing
Authority (HBA), Reliability
Coordinator, or Transmission Operator.
To the extent that an entity
incorporates intermittent resources,
deviations will be charged as follows,
unless otherwise dictated by contract or
policy: (1) Deviations within the
bandwidth will be tracked and settled
financially at the greater of the CAISO
market price or WAPA–SN’s actual cost;
(2) negative deviations (under-delivery),
outside the deviation bandwidth, will
be charged the greater of market price or
actual cost (no penalty); and (3) positive
deviations (over-delivery), outside the
deviation bandwidth, will be lost to the
system, except for any hour where
WAPA–SN incurs a cost, then that cost
will be borne by the responsible party.
Intermittent generators serving load
outside of WAPA–SN’s SBA will be
required to dynamically schedule or
dynamically meter their generation to
another Balancing Authority. An
intermittent resource, for the limited
purpose of these rate schedules, is an
electric generator that is not
dispatchable and cannot store its
output, and therefore cannot respond to
changes in demand or respond to
transmission security constraints.
Component 2: Any charges or credits
associated with the creation,
termination, or modification to any
tariff, contract, or rate schedule
accepted or approved by the Federal
Energy Regulatory Commission (FERC)
or other regulatory bodies will be passed
on to each relevant customer. FERC’s or
other regulatory bodies’ accepted or
approved charges or credits apply to the
service to which this rate methodology
applies. When possible, WAPA–SN will
pass through directly to the relevant
customer FERC’s or other regulatory
bodies’ accepted or approved charges or
credits in the same manner WAPA–SN
is charged or credited. If FERC’s or other
regulatory bodies’ accepted or approved
charges or credits cannot be passed
VerDate Sep<11>2014
17:04 Feb 24, 2021
Jkt 253001
through directly to the relevant
customer in the same manner WAPA–
SN is charged or credited, the charges or
credits will be passed through using
Component 1 of the formula rate.
Component 3: Any charges or credits
from the HBA applied to WAPA–SN for
providing this service will be passed
through directly to the relevant
customer in the same manner WAPA–
SN is charged or credited to the extent
possible. If the HBA’s charges or credits
cannot be passed through to the relevant
customer in the same manner WAPA–
SN is charged or credited, the charges or
credits will be passed through using
Component 1 of the formula rate.
Billing: Billing for negative deviations
outside the bandwidth will occur
monthly.
Adjustment for Audit Adjustments:
Financial audit adjustments that apply
to the formula rate under this rate
schedule will be evaluated on a case-bycase basis to determine the appropriate
treatment for repayment and cash flow
management.
[FR Doc. 2021–03853 Filed 2–24–21; 8:45 am]
BILLING CODE 6450–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID 17503]
Privacy Act of 1974; System of
Records
Federal Communications
Commission.
ACTION: Notice of a new system of
records.
AGENCY:
The Federal Communications
Commission (FCC or Commission or
Agency) is establishing a new system of
records, FCC/WCB–3, Emergency
Broadband Benefit Program, 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
Emergency Broadband Benefit Program
(or ‘‘Emergency Broadband’’) provides
discounts for broadband internet access
service (BIAS) to qualifying households.
A household may qualify for Emergency
Broadband if an individual in the
household qualifies for the free and
reduced lunch program, receives a Pell
Grant, was recently laid off or
furloughed, qualifies for the Lifeline
program, or qualifies for a low-income
or COVID–19 discount program offered
by internet service providers. The
Emergency Broadband program will be
SUMMARY:
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
11523
administered by the Universal Service
Administrative Company (USAC) under
the direction of the Commission and, by
delegation, of the Commission’s
Wireline Competition Bureau (WCB).
This system of records contains
information about individual
Emergency Broadband participants and
providers’ enrollment representatives.
DATES: Written comments are due on or
before March 29, 2021. This action
(including the routine uses) will become
effective on March 29, 2021 unless
comments are received that require a
contrary determination.
ADDRESSES: Send comments to Margaret
Drake, Federal Communications
Commission (FCC), 45 L Street NE,
Washington, DC 20554, or to privacy@
fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Margaret Drake, (202) 418–1707, or
privacy@fcc.gov.
SUPPLEMENTARY INFORMATION: In
December 2020, Congress passed and
the President signed the Emergency
Broadband Service During Emergency
Period Related to COVID–19,
establishing the Emergency Broadband
Benefit Program to temporarily provide
eligible households a discount on the
cost of internet service and a subsidy for
low-cost devices such as computers and
tablets. Households can qualify for the
benefit if an individual in the
household: qualifies for the free and
reduced lunch program, receives a Pell
Grant, was recently laid off or
furloughed, qualifies for the Lifeline
program, or qualifies for a low-income
or COVID–19 discount program offered
by internet service providers. The
Emergency Broadband program is in
effect until six months after the date on
which the Secretary of Health and
Human Services determines that a
public health emergency no longer
exists as a result of COVID–19. USAC
will administer this program on behalf
of the Commission.
SYSTEM NAME AND NUMBER:
FCC/WCB–3, Emergency Broadband
Benefit Program.
SECURITY CLASSIFICATION:
No information in the system is
classified.
SYSTEM LOCATION(S): UNIVERSAL SERVICE
ADMINISTRATIVE COMPANY (USAC), 700 12TH
STREET NW, SUITE 900, WASHINGTON, DC 20005;
AND
Wireline Competition Bureau (WCB),
Federal Communications Commission
(FCC), 45 L Street NE, Washington, DC
20554.
E:\FR\FM\25FEN1.SGM
25FEN1
11524
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices
SYSTEM MANAGER(S) AND ADDRESS(ES):
USAC administers the Emergency
Broadband Benefit Program for the FCC.
Address inquiries to the Universal
Service Administrative Company
(USAC), 700 12th Street NW, Suite 900,
Washington, DC 20005; or
Wireline Competition Bureau (WCB),
45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 151–154, 201–205, 214, 403;
Consolidated Appropriations Act, 2021,
Public Law 116–260 § 904. 47 CFR
Sections 54.400, 54.401, 54.404, 54.407,
54.409, 54.410, 54.417, 54.419, 54.420.
PURPOSE(S):
This system of records is maintained
for use in determining whether a
member of a household meets the
eligibility criteria to qualify for a
discount on the cost of internet service
and a subsidy for low-cost devices such
as computers and tablets; ensuring
benefits are not duplicated; dispute
resolution regarding eligibility for the
Emergency Broadband Benefit Program;
customer surveys; audit; verification of
a provider’s representative identity; and
statistical studies.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals in this
system include, but are not limited to,
those individuals who have applied for
the Emergency Broadband program; are
currently receiving benefits; are
individuals who enable another
individual in their household to qualify
for benefits; are minors whose status
qualifies a household for benefits; are
individuals who have received benefits
under the Lifeline Program; or are
individuals acting on behalf of an
participating provider as enrollment
representatives who have enrolled or
verified the eligibility of a household in
the Emergency Broadband program, are
certifying claims, or are seeking
reimbursement for providing eligible
services.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the
system include an applicant’s first and
last name; residential address;
information on whether the individual
resides on Tribal lands; information on
whether the address is temporary and/
or descriptive and whether it includes
coordinates; mailing address (if
different); address based on geographic
coordinates (geolocation); internet
Protocol (IP) address; date of birth; last
four digits of social security number 1 or
Tribal identification number; telephone
number; full name of the qualifying
VerDate Sep<11>2014
17:04 Feb 24, 2021
Jkt 253001
person (if different from the individual
applicant); qualifying person’s date of
birth; the last four digits of the
qualifying person’s social security
number or their Tribal identification
number; information on whether the
qualifying person resides on Tribal
lands; means of qualification for the
Emergency Broadband program (i.e.,
participation in Lifeline, receipt of a
Pell Grant, etc.); documents
demonstrating eligibility; individual
contact information; Emergency
Broadband Benefit Program subscriber
identification number; Emergency
Broadband Benefit Program application
number; security question; answer to
security question; user name; password;
agent identification information (if an
agent is assisting in completing the
application); individual applicant’s
eligibility certifications; individual
applicant’s signature and date of
application; Emergency Broadband
service initiation date and termination
date; amount of discount received; and
amount of device benefit received.
For participating provider enrollment
representatives who register to access
the National Verifier or National
Lifeline Accountability Database the
following information may be collected:
first and last name, date of birth, the last
four digits of his or her social security
number, email address, residential
address, or other identity proof
documentation.
RECORD SOURCE CATEGORIES:
Participating providers and their
registered enrollment representatives;
individuals applying on behalf of a
household; schools; Lifeline databases;
and State, Federal, Local and Tribal
Government databases; and third-party
identity verifiers.
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. FCC/USAC Program Management—
To FCC and USAC employees to
conduct official duties associated with
the management, operation, and
oversight of the Emergency Broadband
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
Benefit Program, NLAD, National
Verifier, Lifeline Claims System, and
Representative Accountability Database,
as directed by the Commission.
2. Third Party Contractors—To an
employee of a third-party contractor
engaged by USAC or a participating
provider to, among other things,
develop the Emergency Broadband
Eligibility Database, conduct the
eligibility verification or recertification
process, run call center and email
support operations, and assist in dispute
resolution.
3. Business Process Outsourcing
(BPO) Entity—To an employee of the
BPO or an employee of a third-party
contractor engaged by the BPO engaged
by USAC to perform and review
eligibility evaluations where the
National Verifier conducts such
processes for purposes of performing
manual eligibility verification (when
needed), conducting the eligibility
verification process or recertification
process, run call center and email
support operations; and to assist in
dispute resolution.
4. System Integrator (SI)—To an
employee of the SI engaged by USAC as
needed to develop, test, and operate the
database system and network.
5. State, Local, and Tribal Agencies,
and Other Authorized Government
Entities—To designated State, Local,
and Tribal agencies, and other
authorized governmental entities that
share data with USAC or the FCC for
purposes of eligibility verification;
providing enrollment and other selected
reports; and, comparing information
contained in NLAD and Emergency
Broadband Benefit Program eligibility.
6. Social Service Agencies and Other
Approved Third Parties—To social
service agencies and other third parties
that have been approved by USAC for
purposes of assisting individuals in
applying for the Emergency Broadband
Benefit Program.
7. Federal Agencies—To other Federal
agencies for the development of and
operation under data sharing
agreements with USAC or the FCC to
enable the National Verifier to perform
eligibility verification or recertification
for individuals applying for Emergency
Broadband support.
8. Tribal Nations—To Tribal Nations
to perform eligibility verification for
individuals applying for the Emergency
Broadband Benefit Program and to
provide enrollment and other selected
reports, and for purposes of assisting
individuals in applying for and
recertifying for Lifeline support.
9. Service Providers—To broadband
providers, and their registered
representatives, in order to confirm an
E:\FR\FM\25FEN1.SGM
25FEN1
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices
individual’s eligibility, complete benefit
transfer requests, facilitate the provision
of service, complete de-enrollments,
allow for the provider to receive
reimbursement through the Emergency
Broadband Benefit Program, to provide
information to the relevant provider
about a registered enrollment
representative whose account has been
disabled for cause, and provide
enrollment and other selected reports.
10. Other Federal Program
Eligibility—To disclose an individual’s
Emergency Broadband participation
status to a Federal agency or contractor
when a federal program administered by
the agency or its contractor uses
qualification for Emergency Broadband
as an eligibility criterion.
11. FCC Enforcement Actions—When
a record in this system involves an
informal complaint filed alleging a
violation of FCC rules and regulations
by an applicant, licensee, certified or
regulated entity, or an unlicensed
person or entity, the complaint may be
provided to the alleged violator for a
response. 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.
12. 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 request
of that individual.
13. Government-Wide Program
Management and Oversight—To the
Department of Justice (DOJ) to obtain
that department’s advice regarding
disclosure obligations under the
Freedom of Information Act (FOIA); or
the Office of Management and Budget
(OMB) to obtain that office’s advice
regarding obligations under the Privacy
Act.
14. Law Enforcement and
Investigation—To disclose pertinent
information to appropriate Federal,
State, or local agencies, authorities, and
officials 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 statute,
law, regulation, or order, including but
not limited to notifying the Internal
Revenue Service (IRS) to investigate
income eligibility verification.
VerDate Sep<11>2014
17:04 Feb 24, 2021
Jkt 253001
15. Adjudication and Litigation—To
the Department of Justice (DOJ), in a
proceeding before a court, or other
administrative or adjudicative body
before which the FCC is authorized to
appear, when (a) the FCC or any
component thereof; (b) any employee of
the FCC in his or her official capacity;
(c) any employee of the FCC in his or
her individual capacity where the 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 DOJ or the FCC is deemed by
the FCC to be relevant and necessary to
the litigation.
16. Breach Notification—To
appropriate agencies, entities (including
USAC), 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 compromise
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.
17. Assistance to Federal Agencies
and Entities—To another Federal agency
or Federal entity or USAC, 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.
18. Computer Matching Program
Disclosure—To Federal, State, and local
agencies, and USAC, their employees,
and agents for the purpose of
conducting computer matching
programs as regulated by the Privacy
Act of 1974, as amended (5 U.S.C. 552a).
19. Prevention of Fraud, Waste, and
Abuse Disclosure—To Federal agencies,
non-Federal entities, their employees,
and agents (including contractors, their
agents or employees; employees or
contractors of the agents or designated
agents); or contractors, their employees
or agents with whom the FCC or USAC
has a contract, service agreement,
cooperative agreement, or computer
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
11525
matching agreement for the purpose of:
(1) detection, prevention, and recovery
of improper payments; (2) detection and
prevention of fraud, waste, and abuse in
Federal programs administered by a
Federal agency or non-Federal entity; (3)
detection of fraud, waste, and abuse by
individuals in their operations and
programs, but only to the extent that the
information shared is necessary and
relevant to verify pre-award and
prepayment requirements prior to the
release of Federal funds, prevent and
recover improper payments for services
rendered under programs of the FCC or
of those Federal agencies and nonFederal entities to which the FCC or
USAC provides information under this
routine use.
20. Contract Services, Grants, or
Cooperative Agreements—To disclose
information to FCC or USAC
contractors, grantees, or volunteers who
have been engaged to assist the FCC or
USAC in the performance of a contract
service, grant, cooperative agreement, or
other activity related to this system of
records and who need to have access to
the records in order to perform their
activity.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The information pertaining to the
Emergency Broadband Benefit Program
includes electronic records, files, data,
paper documents, records, and may
include audio recordings of calls.
Records are maintained in secure,
limited access areas. Physical entry by
unauthorized persons is restricted
through use of locks, passwords, and
other security measures. Both USAC
and its contractors will jointly manage
the electronic data housed at USAC and
at the contractors’ locations. Paper
documents and other physical records
(i.e., tapes, compact discs, etc.) will be
kept in locked, controlled access areas.
Paper documents submitted by
applicants to the Emergency Broadband
Benefit Program and provider
representatives will be digitized, and
paper copies will be immediately
destroyed.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Information in the Emergency
Broadband Benefit Program system of
records may be retrieved by various
identifiers, including but not limited to
the individual’s name, last four digits of
the Social Security Number (SSN),
Tribal identification number, date of
birth, phone number, residential
address, and Emergency Broadband
subscriber identification number.
E:\FR\FM\25FEN1.SGM
25FEN1
11526
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The National Archives and Records
Administration (NARA) has not
established a records schedule for the
information in the Emergency
Broadband Benefit Program system of
records. Consequently, until NARA has
approved a records schedule, USAC will
maintain all information in the
Emergency Broadband Benefit Program
system of records will be maintained in
accordance with NARA records
management directives.
RECORDS ACCESS PROCEDURES:
Individuals wishing to request access
to and/or amendment of records about
themselves should follow the
Notification Procedure below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an
amendment of records about themselves
should follow the Notification
Procedure below.
NOTIFICATION PROCEDURE:
Individuals wishing to determine
whether this system of records contains
information about themselves may do so
by writing Federal Communications
Commission (FCC), Washington, DC
20554, Privacy@fcc.gov. Individuals
Jkt 253001
None.
HISTORY:
This is a new system of records.
Federal Communications Commission.
Marlene Dortch,
Secretary.
BILLING CODE 6712–01–P
The electronic records, data, and files
are maintained in the FCC and the
USAC computer network databases,
which are protected by the FCC’s and
USAC’s privacy safeguards, 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 Standard and Technology (NIST) and
the Federal Information Security
Management System (FISMA). In
addition, access to the electronic files is
restricted to authorized USAC and
contractors’ supervisors and staff and to
the FCC’s supervisors and staff in WCB
and to the IT contractors who maintain
these computer databases. Other FCC
employees and contractors may be
granted access only on a ‘‘need-toknow’’ basis. In addition, data in the
network servers for both USAC and its
contractors will be routinely backed-up.
The servers will be stored in secured
environments to protect the data.
The paper documents and files are
maintained in file cabinets in USAC and
the contractors’ office suites. The file
cabinets are locked when not in use and
at the end of the business day. Access
to these files is restricted to authorized
USAC and its contractors’ staffs.
17:04 Feb 24, 2021
EXEMPTIONS CLAIMED FOR THE SYSTEM:
[FR Doc. 2021–03928 Filed 2–24–21; 8:45 am]
ADMINSTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
VerDate Sep<11>2014
requesting access must also comply
with the FCC’s Privacy Act regulations
regarding verification of identity to gain
access to the records (47 CFR Part 0,
Subpart E).
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID 17502]
Privacy Act of 1974; System of
Records
Federal Communications
Commission.
ACTION: Notice of a modified system of
records.
AGENCY:
The Federal Communications
Commission (FCC or Commission or
Agency) is modifying an existing system
of records, FCC/WCB–1, Lifeline
Program, 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 Lifeline Program (or
‘‘Lifeline’’) provides discounts for one
Lifeline Program telephone per
household (voice telephony) and
broadband internet access service
(BIAS) to qualifying low-income
individuals. Individuals may qualify for
Lifeline through proof of income or
participation in another qualifying
program. Since the Telecommunications
Act of 1996 (1996 Act), the Lifeline
Program has been administered by the
Universal Service Administrative
Company (USAC) under the direction of
the Commission and, by delegation, of
the Commission’s Wireline Competition
Bureau (WCB).
This system of records contains
information about individuals who have
applied to participate in the Lifeline
Program, respondents to consumer
surveys related to the Lifeline program,
and enrollment representatives. The
modifications described in this notice
will allow USAC to maintain and
administer this system in a manner that
promotes efficiency and minimizes
waste, fraud, and abuse.
SUMMARY:
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
Written comments are due on or
before March 29, 2021. This action
(including the routine uses) will become
effective on March 29, 2021 unless
comments are received that require a
contrary determination.
ADDRESSES: Send comments to Margaret
Drake, Senior Agency Official for
Privacy, Federal Communications
Commission (FCC), 45 L Street NE,
Washington, DC 20554, or to privacy@
fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Margaret Drake, (202) 418–1707, or
privacy@fcc.gov.
SUPPLEMENTARY INFORMATION: This
notice serves to update and modify
FCC/WCB–1, Lifeline Program. The
Lifeline Program serves low-income
individuals by providing qualifying
individuals with discounts on one
Lifeline Program telephone per
household and BIAS service. Since the
Telecommunications Act of 1996 (1996
Act), the Lifeline Program has been
administered by the Universal Service
Administrative Company (USAC) under
the direction of the Commission and, by
delegation, of WCB.
The substantive changes and
modifications to the previously
published version of the FCC/WCB–1
system of records include:
(a) Updating the purpose for
maintaining this system of records to
simplify the section for readability, and
include using the personally identifiable
information (PII) to develop consumer
survey and enrollment, and to facilitate
monitoring of enrollment
representatives;
(b) Updating the categories of records
maintained in this system of records to
simplify for readability, and include
information requested for consumer
survey development and execution,
information requested to facilitate
monitoring of enrollment
representatives, addresses based on
geographic coordinates (geolocation),
internet Protocol (IP) address, Lifeline
subscriber application number, and
enrollment representative unique
identifier numbers (Representative ID
Number);
(c) Updating the source of records
maintained in this system of records to
simplify the section for readability,
include respondents to a consumer
survey, and to better define individuals
acting as agents who are now
considered enrollment representatives;
(d) Updating language in various
routine uses: (1) FCC/USAC Program
Management; (2) Third Party
Contractors; (3) Business Process
Outsourcing (BPO); (5) State Agencies
and Other Authorized State Government
DATES:
E:\FR\FM\25FEN1.SGM
25FEN1
]]>Agencies
[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Notices]
[Pages 11523-11526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03928]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[FR ID 17503]
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC or Commission or
Agency) is establishing a new system of records, FCC/WCB-3, Emergency
Broadband Benefit Program, 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 Emergency
Broadband Benefit Program (or ``Emergency Broadband'') provides
discounts for broadband internet access service (BIAS) to qualifying
households. A household may qualify for Emergency Broadband if an
individual in the household qualifies for the free and reduced lunch
program, receives a Pell Grant, was recently laid off or furloughed,
qualifies for the Lifeline program, or qualifies for a low-income or
COVID-19 discount program offered by internet service providers. The
Emergency Broadband program will be administered by the Universal
Service Administrative Company (USAC) under the direction of the
Commission and, by delegation, of the Commission's Wireline Competition
Bureau (WCB). This system of records contains information about
individual Emergency Broadband participants and providers' enrollment
representatives.
DATES: Written comments are due on or before March 29, 2021. This
action (including the routine uses) will become effective on March 29,
2021 unless comments are received that require a contrary
determination.
ADDRESSES: Send comments to Margaret Drake, Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554, or to
[email protected].
FOR FURTHER INFORMATION CONTACT: Margaret Drake, (202) 418-1707, or
[email protected].
SUPPLEMENTARY INFORMATION: In December 2020, Congress passed and the
President signed the Emergency Broadband Service During Emergency
Period Related to COVID-19, establishing the Emergency Broadband
Benefit Program to temporarily provide eligible households a discount
on the cost of internet service and a subsidy for low-cost devices such
as computers and tablets. Households can qualify for the benefit if an
individual in the household: qualifies for the free and reduced lunch
program, receives a Pell Grant, was recently laid off or furloughed,
qualifies for the Lifeline program, or qualifies for a low-income or
COVID-19 discount program offered by internet service providers. The
Emergency Broadband program is in effect until six months after the
date on which the Secretary of Health and Human Services determines
that a public health emergency no longer exists as a result of COVID-
19. USAC will administer this program on behalf of the Commission.
SYSTEM NAME AND NUMBER:
FCC/WCB-3, Emergency Broadband Benefit Program.
SECURITY CLASSIFICATION:
No information in the system is classified.
SYSTEM LOCATION(S): Universal Service Administrative Company (USAC),
700 12th Street NW, Suite 900, Washington, DC 20005; and
Wireline Competition Bureau (WCB), Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554.
[[Page 11524]]
SYSTEM MANAGER(S) AND ADDRESS(ES):
USAC administers the Emergency Broadband Benefit Program for the
FCC.
Address inquiries to the Universal Service Administrative Company
(USAC), 700 12th Street NW, Suite 900, Washington, DC 20005; or
Wireline Competition Bureau (WCB), 45 L Street NE, Washington, DC
20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 151-154, 201-205, 214, 403; Consolidated Appropriations
Act, 2021, Public Law 116-260 Sec. 904. 47 CFR Sections 54.400,
54.401, 54.404, 54.407, 54.409, 54.410, 54.417, 54.419, 54.420.
PURPOSE(S):
This system of records is maintained for use in determining whether
a member of a household meets the eligibility criteria to qualify for a
discount on the cost of internet service and a subsidy for low-cost
devices such as computers and tablets; ensuring benefits are not
duplicated; dispute resolution regarding eligibility for the Emergency
Broadband Benefit Program; customer surveys; audit; verification of a
provider's representative identity; and statistical studies.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals in this system include, but are not
limited to, those individuals who have applied for the Emergency
Broadband program; are currently receiving benefits; are individuals
who enable another individual in their household to qualify for
benefits; are minors whose status qualifies a household for benefits;
are individuals who have received benefits under the Lifeline Program;
or are individuals acting on behalf of an participating provider as
enrollment representatives who have enrolled or verified the
eligibility of a household in the Emergency Broadband program, are
certifying claims, or are seeking reimbursement for providing eligible
services.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the system include an applicant's
first and last name; residential address; information on whether the
individual resides on Tribal lands; information on whether the address
is temporary and/or descriptive and whether it includes coordinates;
mailing address (if different); address based on geographic coordinates
(geolocation); internet Protocol (IP) address; date of birth; last four
digits of social security number \1\ or Tribal identification number;
telephone number; full name of the qualifying person (if different from
the individual applicant); qualifying person's date of birth; the last
four digits of the qualifying person's social security number or their
Tribal identification number; information on whether the qualifying
person resides on Tribal lands; means of qualification for the
Emergency Broadband program (i.e., participation in Lifeline, receipt
of a Pell Grant, etc.); documents demonstrating eligibility; individual
contact information; Emergency Broadband Benefit Program subscriber
identification number; Emergency Broadband Benefit Program application
number; security question; answer to security question; user name;
password; agent identification information (if an agent is assisting in
completing the application); individual applicant's eligibility
certifications; individual applicant's signature and date of
application; Emergency Broadband service initiation date and
termination date; amount of discount received; and amount of device
benefit received.
For participating provider enrollment representatives who register
to access the National Verifier or National Lifeline Accountability
Database the following information may be collected: first and last
name, date of birth, the last four digits of his or her social security
number, email address, residential address, or other identity proof
documentation.
RECORD SOURCE CATEGORIES:
Participating providers and their registered enrollment
representatives; individuals applying on behalf of a household;
schools; Lifeline databases; and State, Federal, Local and Tribal
Government databases; and third-party identity verifiers.
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. FCC/USAC Program Management--To FCC and USAC employees to
conduct official duties associated with the management, operation, and
oversight of the Emergency Broadband Benefit Program, NLAD, National
Verifier, Lifeline Claims System, and Representative Accountability
Database, as directed by the Commission.
2. Third Party Contractors--To an employee of a third-party
contractor engaged by USAC or a participating provider to, among other
things, develop the Emergency Broadband Eligibility Database, conduct
the eligibility verification or recertification process, run call
center and email support operations, and assist in dispute resolution.
3. Business Process Outsourcing (BPO) Entity--To an employee of the
BPO or an employee of a third-party contractor engaged by the BPO
engaged by USAC to perform and review eligibility evaluations where the
National Verifier conducts such processes for purposes of performing
manual eligibility verification (when needed), conducting the
eligibility verification process or recertification process, run call
center and email support operations; and to assist in dispute
resolution.
4. System Integrator (SI)--To an employee of the SI engaged by USAC
as needed to develop, test, and operate the database system and
network.
5. State, Local, and Tribal Agencies, and Other Authorized
Government Entities--To designated State, Local, and Tribal agencies,
and other authorized governmental entities that share data with USAC or
the FCC for purposes of eligibility verification; providing enrollment
and other selected reports; and, comparing information contained in
NLAD and Emergency Broadband Benefit Program eligibility.
6. Social Service Agencies and Other Approved Third Parties--To
social service agencies and other third parties that have been approved
by USAC for purposes of assisting individuals in applying for the
Emergency Broadband Benefit Program.
7. Federal Agencies--To other Federal agencies for the development
of and operation under data sharing agreements with USAC or the FCC to
enable the National Verifier to perform eligibility verification or
recertification for individuals applying for Emergency Broadband
support.
8. Tribal Nations--To Tribal Nations to perform eligibility
verification for individuals applying for the Emergency Broadband
Benefit Program and to provide enrollment and other selected reports,
and for purposes of assisting individuals in applying for and
recertifying for Lifeline support.
9. Service Providers--To broadband providers, and their registered
representatives, in order to confirm an
[[Page 11525]]
individual's eligibility, complete benefit transfer requests,
facilitate the provision of service, complete de-enrollments, allow for
the provider to receive reimbursement through the Emergency Broadband
Benefit Program, to provide information to the relevant provider about
a registered enrollment representative whose account has been disabled
for cause, and provide enrollment and other selected reports.
10. Other Federal Program Eligibility--To disclose an individual's
Emergency Broadband participation status to a Federal agency or
contractor when a federal program administered by the agency or its
contractor uses qualification for Emergency Broadband as an eligibility
criterion.
11. FCC Enforcement Actions--When a record in this system involves
an informal complaint filed alleging a violation of FCC rules and
regulations by an applicant, licensee, certified or regulated entity,
or an unlicensed person or entity, the complaint may be provided to the
alleged violator for a response. 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.
12. 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 request of that
individual.
13. Government-Wide Program Management and Oversight--To the
Department of Justice (DOJ) to obtain that department's advice
regarding disclosure obligations under the Freedom of Information Act
(FOIA); or the Office of Management and Budget (OMB) to obtain that
office's advice regarding obligations under the Privacy Act.
14. Law Enforcement and Investigation--To disclose pertinent
information to appropriate Federal, State, or local agencies,
authorities, and officials 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 statute, law, regulation, or order,
including but not limited to notifying the Internal Revenue Service
(IRS) to investigate income eligibility verification.
15. Adjudication and Litigation--To the Department of Justice
(DOJ), in a proceeding before a court, or other administrative or
adjudicative body before which the FCC is authorized to appear, when
(a) the FCC or any component thereof; (b) any employee of the FCC in
his or her official capacity; (c) any employee of the FCC in his or her
individual capacity where the 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 DOJ or
the FCC is deemed by the FCC to be relevant and necessary to the
litigation.
16. Breach Notification--To appropriate agencies, entities
(including USAC), 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 compromise 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.
17. Assistance to Federal Agencies and Entities--To another Federal
agency or Federal entity or USAC, 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.
18. Computer Matching Program Disclosure--To Federal, State, and
local agencies, and USAC, their employees, and agents for the purpose
of conducting computer matching programs as regulated by the Privacy
Act of 1974, as amended (5 U.S.C. 552a).
19. Prevention of Fraud, Waste, and Abuse Disclosure--To Federal
agencies, non-Federal entities, their employees, and agents (including
contractors, their agents or employees; employees or contractors of the
agents or designated agents); or contractors, their employees or agents
with whom the FCC or USAC has a contract, service agreement,
cooperative agreement, or computer matching agreement for the purpose
of: (1) detection, prevention, and recovery of improper payments; (2)
detection and prevention of fraud, waste, and abuse in Federal programs
administered by a Federal agency or non-Federal entity; (3) detection
of fraud, waste, and abuse by individuals in their operations and
programs, but only to the extent that the information shared is
necessary and relevant to verify pre-award and prepayment requirements
prior to the release of Federal funds, prevent and recover improper
payments for services rendered under programs of the FCC or of those
Federal agencies and non-Federal entities to which the FCC or USAC
provides information under this routine use.
20. Contract Services, Grants, or Cooperative Agreements--To
disclose information to FCC or USAC contractors, grantees, or
volunteers who have been engaged to assist the FCC or USAC in the
performance of a contract service, grant, cooperative agreement, or
other activity related to this system of records and who need to have
access to the records in order to perform their activity.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The information pertaining to the Emergency Broadband Benefit
Program includes electronic records, files, data, paper documents,
records, and may include audio recordings of calls. Records are
maintained in secure, limited access areas. Physical entry by
unauthorized persons is restricted through use of locks, passwords, and
other security measures. Both USAC and its contractors will jointly
manage the electronic data housed at USAC and at the contractors'
locations. Paper documents and other physical records (i.e., tapes,
compact discs, etc.) will be kept in locked, controlled access areas.
Paper documents submitted by applicants to the Emergency Broadband
Benefit Program and provider representatives will be digitized, and
paper copies will be immediately destroyed.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in the Emergency Broadband Benefit Program system of
records may be retrieved by various identifiers, including but not
limited to the individual's name, last four digits of the Social
Security Number (SSN), Tribal identification number, date of birth,
phone number, residential address, and Emergency Broadband subscriber
identification number.
[[Page 11526]]
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The National Archives and Records Administration (NARA) has not
established a records schedule for the information in the Emergency
Broadband Benefit Program system of records. Consequently, until NARA
has approved a records schedule, USAC will maintain all information in
the Emergency Broadband Benefit Program system of records will be
maintained in accordance with NARA records management directives.
ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, data, and files are maintained in the FCC
and the USAC computer network databases, which are protected by the
FCC's and USAC's privacy safeguards, 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 Standard and Technology (NIST) and the Federal
Information Security Management System (FISMA). In addition, access to
the electronic files is restricted to authorized USAC and contractors'
supervisors and staff and to the FCC's supervisors and staff in WCB and
to the IT contractors who maintain these computer databases. Other FCC
employees and contractors may be granted access only on a ``need-to-
know'' basis. In addition, data in the network servers for both USAC
and its contractors will be routinely backed-up. The servers will be
stored in secured environments to protect the data.
The paper documents and files are maintained in file cabinets in
USAC and the contractors' office suites. The file cabinets are locked
when not in use and at the end of the business day. Access to these
files is restricted to authorized USAC and its contractors' staffs.
RECORDS ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedure
below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an amendment of records about
themselves should follow the Notification Procedure below.
NOTIFICATION PROCEDURE:
Individuals wishing to determine whether this system of records
contains information about themselves may do so by writing Federal
Communications Commission (FCC), Washington, DC 20554, [email protected]
Individuals requesting access must also comply with the FCC's Privacy
Act regulations regarding verification of identity to gain access to
the records (47 CFR Part 0, Subpart E).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
This is a new system of records.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021-03928 Filed 2-24-21; 8:45 am]
BILLING CODE 6712-01-P
