Privacy Act of 1974; System of Records, 13545-13548 [2021-04857]
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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Notices
Communications Act of 1934, as
amended, 47 U.S.C. 610.
Total Annual Burden: 7,242 hours.
Total Annual Cost: $487,500.
Nature and Extent of Confidentiality:
An assurance of confidentiality is not
offered because this information
collection does not require the
collection of personally identifiable
information from individuals.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: This notice and
request for comments pertains to the
extension of the currently approved
information collection requirements
concerning hearing aid compatibility
(HAC) for wireline handsets used with
the legacy telephone network and with
advanced communications services
(ACS), such as Voice over internet
Protocol (VoIP). The latter are known as
ACS telephonic customer premises
equipment (ACS telephonic CPE).
Beginning in the 1980s, the
Commission adopted a series of
regulations to implement statutory
directives requiring wireline telephone
handsets in the United States (for use
with the legacy telephone network) to
be hearing aid compatible. In 2010, the
Twenty-First Century Communications
and Video Accessibility Act (CVAA),
Public Law 111–260, sec. 102, 710(b),
124 Stat. 2751, 2753 (CVAA) (codified at
47 U.S.C. 610(b)), amended by Public
Law 111–265, 124 Stat. 2795 (technical
corrections to the CVAA), amended
section 710(b) of the Communications
Act of 1934, to apply the HAC
requirements to ACS telephonic CPE,
including VoIP telephones. In
accordance with this provision, the
Commission adopted Access to
Telecommunications Equipment and
Services by Persons with Disabilities et
al., Report and Order and Order on
Reconsideration, FCC 17–135, released
October 26, 2017, which amended the
HAC rules to cover ACS telephonic CPE
to the extent such devices are designed
to be held to the ear and provide twoway voice communication via a built-in
speaker.
The information collections contain
third-party disclosure and labeling
requirements. The information is used
to inform consumers who purchase or
use wireline telephone equipment
whether the telephone is hearing aid
compatible; to ensure that
manufacturers comply with applicable
regulations and technical criteria; to
ensure that information about ACS
telephonic CPE is available in a
database administered by the
Administrative Council for Terminal
Attachments (ACTA) (an organization,
previously created pursuant to FCC
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regulations, whose key function is to
maintain a database of telephone
equipment); and to facilitate the filing of
complaints about the ACS telephonic
CPE.
Wireline Handsets Used With the
Legacy Telephone Network
• 47 CFR 68.224 requires that every
non-hearing aid compatible wireline
telephone used with the legacy wireline
network that is offered for sale to the
public contain in a conspicuous
location on the surface of its packaging
a statement that the telephone is not
hearing aid compatible. If the handset is
offered for sale without a surrounding
package, then the telephone must be
affixed with a written statement that the
telephone is not hearing aid compatible.
In addition, each handset must be
accompanied by instructions in
accordance with 47 CFR 62.218(b)(2).
• 47 CFR 68.300 requires that all
wireline telephones used with the
legacy wireline network that are
manufactured in the United States
(other than for export) or imported for
use in the United States and that are
hearing aid compatible have the letters
‘‘HAC’’ permanently affixed.
ACS Telephonic CPE
• 47 CFR 68.502(a) of the
Commission’s rules contains
information collection requirements for
ACS telephonic CPE that are similar to
the HAC label and notice requirements
in 47 CFR 68.224 and 68.300 (discussed
above), i.e., the ‘‘HAC’’ labeling
requirement for hearing aid compatible
equipment, and the package information
for non-hearing aid compatible
equipment, apply to ACS telephonic
CPE.
• 47 CFR 68.501 of the Commission’s
rules requires responsible parties to
obtain certifications of their equipment
by using a third-party
Telecommunications Certification Body
(TCB) or a Supplier’s Declaration of
Conformity. (A responsible party is the
party, such as the manufacturer, that is
responsible for the compliance of ACS
telephonic CPE with the hearing aid
compatibility rules and other applicable
technical criteria. A Supplier’s
Declaration of Conformity is a
procedure whereby a responsible party
makes measurements or takes steps to
ensure that CPE complies with technical
standards, which results in a document
by the same name.) Section 68.501 of
the Commission’s rules applies to ACS
telephonic CPE the rule sections
defining the roles of TCBs and the uses
of Supplier’s Declarations of Conformity
for wireline handsets used with the
legacy telephone network.
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13545
• 47 CFR 68.504 of the Commission’s
rules requires information about ACS
telephonic CPE to be included in a
database administered by ACTA. In
addition, ACS telephonic CPE must be
labeled as required by ACTA.
• 47 CFR 68.502(b)–(d) of the
Commission’s rules requires responsible
parties to: Warrant that ACS telephonic
CPE complies with applicable
regulations and technical criteria; give
the user instructions required by ACTA
for ACS telephonic CPE that is hearing
aid compatible; give the user a notice for
ACS telephonic CPE that is not hearing
aid compatible; and notify the purchaser
or user of ACS telephonic CPE whose
approval is revoked, that the purchaser
or user must discontinue its use.
• 47 CFR 68.503 of the Commission’s
rules requires manufacturers of ACS
telephonic CPE to designate an agent for
service of process for complaints that
may be filed at the FCC.
Applications for Waiver of HAC
Requirements
• 47 CFR 68.5 requires that telephone
manufacturers seeking a waiver of 47
CFR 68.4(a)(1) (requiring that certain
telephones be hearing aid compatible)
demonstrate that compliance with the
rule is technologically infeasible or too
costly. Information is used by FCC staff
to determine whether to grant or dismiss
the request.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021–04856 Filed 3–8–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID 17542]
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) proposes to add a new system
of records, FCC/WCB–4, Consumer
Challenge Process, 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. The FCC maintains
programs that require
SUMMARY:
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telecommunication providers and
carriers (Participants) to report service
coverage or locations eligible for
support to the FCC, such as the FCC’s
Digital Opportunity Data Collection
(DODC) and the Universal Service Fund
(USF) Eligible Location Adjustment
Process (ELAP). Under these programs,
consumers and third parties
(collectively, Stakeholders) may
challenge the service coverage or
number of locations eligible for support
(eligible locations) reported by
Participants. The Consumer Challenge
Process system of records contains
personally identifiable information (PII)
submitted by individuals, or third
parties on behalf of individuals, needed
to establish eligibility to challenge the
accuracy of Participants’ submissions,
provide sufficient information for
Participants to respond to a challenge,
and create accurate maps of Participant
coverage or eligible locations. To
establish eligibility, prospective
Stakeholders who are individuals must
submit certain PII that will be used to
verify their identities and their interest
in receiving services from a Participant
in the relevant geographic area, i.e., the
coverage area for DODC, or the
Participant’s supported areas for ELAP.
In certain programs, the PII will also be
used to establish that the Stakeholders
do not hold a controlling interest in a
competitor. Once verified, Stakeholders
may submit additional PII to establish
that specific geolocations are eligible
locations, such as evidence verifying
ownership or occupancy of a location.
Participation in any Consumer
Challenge Process is voluntary.
DATES: This system of records will
become effective on March 9, 2021.
Written comments on the routine uses
are due by April 8, 2021. The routine
uses will become effective on April 8,
2021, unless written comments are
received that require a contrary
determination.
ADDRESSES: Send comments to Margaret
Drake at privacy@fcc.gov or at Federal
Communications Commission, 45 L
Street NE, Washington, DC 20554 at
202–418–1707.
FOR FURTHER INFORMATION CONTACT:
Margaret Drake, 202–418–1707, or
privacy@fcc.gov (and to obtain a copy of
the Narrative Statement that includes
details of this proposed new system of
records).
SUPPLEMENTARY INFORMATION:
Depending on the program, the FCC or
the Universal Service Administrative
Company, in conjunction with and
under the supervision of the FCC, will
collect and maintain documentation in
the system of records to verify the
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identity and eligibility of certain
individuals to participate as
Stakeholders in the process, including
information that may link individuals to
particular properties and/or commercial
interests (e.g., geolocation coordinates,
billing information).
SYSTEM NAME AND NUMBER:
FCC/WCB–3, Consumer Challenge
Process.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION(S):
Federal Communications Commission
(FCC), 45 L Street NE, Washington, DC
20554; and Universal Service
Administrative Company (USAC), 700
12th Street NW, Suite 900, Washington,
DC 20005.
SYSTEM MANAGER(S):
The FCC and, in some cases, USAC on
behalf of and under the supervision of
the FCC.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 151–154, 254; 47 CFR
Sections 0.91, 0.291, 1.11.427, 54.310;
Connect America Fund, WC Docket No.
10–90 et al., Order on Reconsideration,
33 FCC Rcd 1380, 1390–92, paras. 23–
28 (2018); Connect America Fund, WC
Docket No. 10–90, 34 FCC Rcd 10395
(2019); 47 U.S.C. 641–646; Establishing
the Digital Opportunity Data Collection,
WC Docket No. 19–195.
PURPOSE(S) OF THE SYSTEM:
The Consumer Challenge Process
system contains information to facilitate
challenges to (1) Participant service
reports under the DODC or other
Commission adjustment programs, on a
state-by-state basis, and (2) Participants’
defined deployment obligations (and
associated support) under the USF. In
this system, the Commission or USAC,
on behalf of the Commission, will gather
information to verify the identity of
prospective Stakeholders and their
direct interests in receiving certain
services in the relevant locations. The
submitted PII may link one or more
individuals to locations and/or
commercial interests and services
relating to such locations. In some
circumstances, prospective Stakeholders
must certify that they do not hold a
controlling interest in one or more
competitors of the Participant that they
are challenging.
CATEGORIES OF INDIVDUALS COVERED BY THE
SYSTEM:
The individuals in this system
include actual and potential consumers
of fixed or mobile broadband services;
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individuals challenging mobile coverage
in a specific area; and individuals who
submit information to verify their
eligibility to challenge a Participant’s
location data.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in this system may
include name, address, email address,
phone number, partial Social Security
Number (or Tribal Identification
Number if no Social Security Number is
available), requests for broadband
services, commercial records associated
with the receipt of residential services
and utilities, home ownership, land use
rights (including building
development), government forms,
statements, authorizations, and
certifications. Further, such records may
include information confirming that
individuals do not have a controlling
interest in one or more competitors of
the Participant being challenged.
RECORD SOURCE CATEGORIES:
The information in the system is
provided by individuals who are
consumers of fixed or mobile broadband
services, residents or property owners in
areas where Participants have been
authorized (or are eligible to be
authorized) to receive universal service
support through certain high-cost
programs, and government agencies or
other entities (e.g., consumer groups)
who collect challenges from individuals
and submit them in bulk.
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. Program Management—To USAC
employees to conduct official duties
associated with the management,
operation, and oversight of the ELAP as
directed by the Commission, including
but not limited to, decisions to modify
the number of locations (and associated
support) that Participants must serve to
satisfy their USF obligations.
2. Third Party Contractors—To an
employee of any third-party contractor
engaged by USAC or the Commission to,
among other things, develop IT systems
or applications; conduct the Stakeholder
eligibility verification process; verify the
completeness and accuracy of
Participants’ coverage information;
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develop and maintain relevant maps;
and, develop the Commission order
modifying the Participants’ defined
deployment obligation.
3. Participants—Stakeholder
challenge information, including
Stakeholder contact information,
geolocation, and other location
information (e.g., the number of units at
a location) will be made available to
relevant Participants for the purposes of
allowing them to file a reply to
Stakeholder challenges.
4. Stakeholders—For ELAP,
Stakeholder contact information and
certain other challenge information will
be made available to other verified
Stakeholders filing challenges in the
same study area. Other Stakeholders
include individuals, entities, and nonFederal agencies, including any State or
local government, or agency thereof.
5. Public—Stakeholder geolocation
information may be included on
coverage maps published on the FCC
and/or USAC websites.
6. Congressional Inquiries—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.
7. 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
to the Office of Management and Budget
(OMB) to obtain that office’s advice
regarding obligations under the Privacy
Act.
8. Law Enforcement and
Investigation—To appropriate Federal,
State, local, or Tribal 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.
9. Adjudication and Litigation—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.
10. Breach Notification—To
appropriate agencies, entities, and
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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.
11. 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.
12. 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, or
cooperative agreement, for the purpose
of: (1) Detection and prevention of
fraud, waste, and abuse in Federal
programs administered by a Federal
agency or non-Federal entity; (2)
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 and audit information
necessary to determine whether the
participant carrier has intentionally or
through negligence, reduced its
universal service obligations to exclude
locations in eligible areas that are the
most difficult and/or expensive to serve.
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 debt owed to
the Commission, following the
procedures set out in the Debt
Collection Act, 31 U.S.C. 3711(e).
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13547
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The system is maintained in secure,
limited access areas. Electronic files are
maintained in the FCC or USAC
network accreditation boundaries.
Physical entry by unauthorized persons
is restricted through use of locks,
passwords, and other security measures.
Paper documents and other physical
records, if any, will be kept in locked,
controlled access areas until digitized
and then destroyed.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Information in this system can be
retrieved by various identifiers, which
may include Stakeholder name, Social
Security Number (Tribal Identification
Number if Social Security Number is
not available), physical address,
geolocation coordinates, property
information, email address, telephone
number, competitive interests, and
supporting evidence.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
1. The National Archives and Records
Administration (NARA) established
records schedule number DAA–0173–
2017–0001–001 for the Universal
Service High Cost Program Files. In
accordance with this records schedule,
the FCC and USAC, as appropriate, will
maintain all information in the ELAP
system of records for ten (10) years after
cut-off, or when no longer needed for
business or audit purposes, whichever
comes later. Cut-off is determined as the
end of the calendar year from the date
an item is filed or prepared. Disposal of
obsolete or out-of-date paper documents
and files is by shredding only.
Electronic data, files, and records are
destroyed by electronic erasure in
compliance with National Institute of
Standards and Technology (NIST)
guidelines.
2. Information in this system of
records that is not collected or
maintained in connection with the CAF
Program Files, including DODC
challenge data, will be maintained in
accordance with General Records
Schedule 5.2, Item 20, which provides
that records will be destroyed upon
verification of successful creation of the
final document or file, or when no
longer needed for business use,
whichever is later.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
1. ELAP-related data: The electronic
data, records, and files will be stored
within the High-Cost Broadband Portal
(HCBP) system accreditation
boundaries. The FCC will oversee the
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management of the HCBP system,
including USAC’s records management
activities. After a Participant window
for filing replies to Stakeholder
information closes, access to the
electronic files is restricted to the FCC
staff and its contractors and
subcontractors, as well as USAC and its
contractors and subcontractors who
carry out ELAP functions and activities.
Other FCC employees and contractors
and USAC employees, contractors, and
subcontractors may be granted access
only on a need-to-know basis. The data
are protected by the FCC and USAC
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 NIST.
Employees of the FCC and USAC may
print paper copies of these ELAP
electronic records for various short-term
uses, as necessary. Paper copies will be
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 USAC
employees may have access to these
documents. Participants receiving
access to the ELAP portion of the HCBP
system will be prohibited from printing
paper copies when such information
contains PII, although they will be
permitted to download redacted
versions of such information.
2. Non-ELAP data: The electronic
records, files, and data are stored within
FCC accreditation boundaries. Access to
the electronic files is restricted to IT
staff, contractors, and vendors who
maintain the networks and services.
Other FCC employees, contractors,
vendors, and users may be granted
access on a need-to- know basis. The
FCC’s data are protected by the FCC and
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
FISMA, OMB, and NIST. Paper copies
will be 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 employees and
contractors may have access to these
documents.
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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 Margaret Drake at privacy@
fcc.gov or Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554, 202–418–1707.
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. 2021–04857 Filed 3–8–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[CC Docket No. 92–237; FRS 17543]
Next Meeting of the North American
Numbering Council
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
In this document, the
Commission released a public notice
announcing the meeting of the North
American Numbering Council (NANC),
which will be held via video conference
and available to the public via live
internet feed.
DATES: Thursday, April 15, 2021. The
meeting will come to order at 9:30 a.m.
ADDRESSES: The meeting will be
conducted via video conference and
available to the public via the internet
at https://www.fcc.gov/live.
FOR FURTHER INFORMATION CONTACT:
Jordan Reth, Acting Designated Federal
Officer, at jordan.reth@fcc.gov or 202–
418–1418. More information about the
NANC is available at https://
www.fcc.gov/about-fcc/advisorySUMMARY:
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committees/general/north-americannumbering-council.
SUPPLEMENTARY INFORMATION: The
NANC meeting is open to the public on
the internet via live feed from the FCC’s
web page at https://www.fcc.gov/live.
Open captioning will be provided for
this event. Other reasonable
accommodations for people with
disabilities are available upon request.
Requests for such accommodations
should be submitted via email to
fcc504@fcc.gov or by calling the
Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY). Such requests should
include a detailed description of the
accommodation needed. In addition,
please include a way for the FCC to
contact the requester if more
information is needed to fill the request.
Please allow at least five days’ advance
notice for accommodation requests; last
minute requests will be accepted but
may not be possible to accommodate.
Members of the public may submit
comments to the NANC in the FCC’s
Electronic Comment Filing System,
ECFS, at www.fcc.gov/ecfs. Comments to
the NANC should be filed in CC Docket
No. 92–237. This is a summary of the
Commission’s document in CC Docket
No. 92–237, DA 21–253 released March
2, 2021.
Proposed Agenda: At the April 15
meeting, the NANC will hear routine
status reports from the North American
Portability Management, LLC, the
Secure Telephone Identification
Governance Authority, and the
Numbering Administration Oversight
Working Group. This agenda may be
modified at the discretion of the NANC
Chair and the Designated Federal
Officers (DFO).
(5 U.S.C. App 2 section 10(a)(2))
Federal Communications Commission
Daniel Kahn,
Associate Bureau Chief, Wireline Competition
Bureau.
[FR Doc. 2021–04797 Filed 3–8–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL HOUSING FINANCE
AGENCY
[No. 2021–N–4]
Privacy Act of 1974; System of
Records
Office of Inspector General,
Federal Housing Finance Agency
(FHFA–OIG).
ACTION: Notice of amendments and
additions to the routine uses for FHFA–
OIG’s Privacy Act systems of records
AGENCY:
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]]>Agencies
[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Notices]
[Pages 13545-13548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04857]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[FR ID 17542]
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) proposes to add a new system of records, FCC/WCB-4, Consumer
Challenge Process, 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. The FCC maintains programs that require
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telecommunication providers and carriers (Participants) to report
service coverage or locations eligible for support to the FCC, such as
the FCC's Digital Opportunity Data Collection (DODC) and the Universal
Service Fund (USF) Eligible Location Adjustment Process (ELAP). Under
these programs, consumers and third parties (collectively,
Stakeholders) may challenge the service coverage or number of locations
eligible for support (eligible locations) reported by Participants. The
Consumer Challenge Process system of records contains personally
identifiable information (PII) submitted by individuals, or third
parties on behalf of individuals, needed to establish eligibility to
challenge the accuracy of Participants' submissions, provide sufficient
information for Participants to respond to a challenge, and create
accurate maps of Participant coverage or eligible locations. To
establish eligibility, prospective Stakeholders who are individuals
must submit certain PII that will be used to verify their identities
and their interest in receiving services from a Participant in the
relevant geographic area, i.e., the coverage area for DODC, or the
Participant's supported areas for ELAP. In certain programs, the PII
will also be used to establish that the Stakeholders do not hold a
controlling interest in a competitor. Once verified, Stakeholders may
submit additional PII to establish that specific geolocations are
eligible locations, such as evidence verifying ownership or occupancy
of a location. Participation in any Consumer Challenge Process is
voluntary.
DATES: This system of records will become effective on March 9, 2021.
Written comments on the routine uses are due by April 8, 2021. The
routine uses will become effective on April 8, 2021, unless written
comments are received that require a contrary determination.
ADDRESSES: Send comments to Margaret Drake at [email protected] or at
Federal Communications Commission, 45 L Street NE, Washington, DC 20554
at 202-418-1707.
FOR FURTHER INFORMATION CONTACT: Margaret Drake, 202-418-1707, or
[email protected] (and to obtain a copy of the Narrative Statement that
includes details of this proposed new system of records).
SUPPLEMENTARY INFORMATION: Depending on the program, the FCC or the
Universal Service Administrative Company, in conjunction with and under
the supervision of the FCC, will collect and maintain documentation in
the system of records to verify the identity and eligibility of certain
individuals to participate as Stakeholders in the process, including
information that may link individuals to particular properties and/or
commercial interests (e.g., geolocation coordinates, billing
information).
SYSTEM NAME AND NUMBER:
FCC/WCB-3, Consumer Challenge Process.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION(S):
Federal Communications Commission (FCC), 45 L Street NE,
Washington, DC 20554; and Universal Service Administrative Company
(USAC), 700 12th Street NW, Suite 900, Washington, DC 20005.
SYSTEM MANAGER(S):
The FCC and, in some cases, USAC on behalf of and under the
supervision of the FCC.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 151-154, 254; 47 CFR Sections 0.91, 0.291, 1.11.427,
54.310; Connect America Fund, WC Docket No. 10-90 et al., Order on
Reconsideration, 33 FCC Rcd 1380, 1390-92, paras. 23-28 (2018); Connect
America Fund, WC Docket No. 10-90, 34 FCC Rcd 10395 (2019); 47 U.S.C.
641-646; Establishing the Digital Opportunity Data Collection, WC
Docket No. 19-195.
PURPOSE(S) OF THE SYSTEM:
The Consumer Challenge Process system contains information to
facilitate challenges to (1) Participant service reports under the DODC
or other Commission adjustment programs, on a state-by-state basis, and
(2) Participants' defined deployment obligations (and associated
support) under the USF. In this system, the Commission or USAC, on
behalf of the Commission, will gather information to verify the
identity of prospective Stakeholders and their direct interests in
receiving certain services in the relevant locations. The submitted PII
may link one or more individuals to locations and/or commercial
interests and services relating to such locations. In some
circumstances, prospective Stakeholders must certify that they do not
hold a controlling interest in one or more competitors of the
Participant that they are challenging.
CATEGORIES OF INDIVDUALS COVERED BY THE SYSTEM:
The individuals in this system include actual and potential
consumers of fixed or mobile broadband services; individuals
challenging mobile coverage in a specific area; and individuals who
submit information to verify their eligibility to challenge a
Participant's location data.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in this system may include name, address, email
address, phone number, partial Social Security Number (or Tribal
Identification Number if no Social Security Number is available),
requests for broadband services, commercial records associated with the
receipt of residential services and utilities, home ownership, land use
rights (including building development), government forms, statements,
authorizations, and certifications. Further, such records may include
information confirming that individuals do not have a controlling
interest in one or more competitors of the Participant being
challenged.
RECORD SOURCE CATEGORIES:
The information in the system is provided by individuals who are
consumers of fixed or mobile broadband services, residents or property
owners in areas where Participants have been authorized (or are
eligible to be authorized) to receive universal service support through
certain high-cost programs, and government agencies or other entities
(e.g., consumer groups) who collect challenges from individuals and
submit them in bulk.
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. Program Management--To USAC employees to conduct official duties
associated with the management, operation, and oversight of the ELAP as
directed by the Commission, including but not limited to, decisions to
modify the number of locations (and associated support) that
Participants must serve to satisfy their USF obligations.
2. Third Party Contractors--To an employee of any third-party
contractor engaged by USAC or the Commission to, among other things,
develop IT systems or applications; conduct the Stakeholder eligibility
verification process; verify the completeness and accuracy of
Participants' coverage information;
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develop and maintain relevant maps; and, develop the Commission order
modifying the Participants' defined deployment obligation.
3. Participants--Stakeholder challenge information, including
Stakeholder contact information, geolocation, and other location
information (e.g., the number of units at a location) will be made
available to relevant Participants for the purposes of allowing them to
file a reply to Stakeholder challenges.
4. Stakeholders--For ELAP, Stakeholder contact information and
certain other challenge information will be made available to other
verified Stakeholders filing challenges in the same study area. Other
Stakeholders include individuals, entities, and non-Federal agencies,
including any State or local government, or agency thereof.
5. Public--Stakeholder geolocation information may be included on
coverage maps published on the FCC and/or USAC websites.
6. Congressional Inquiries--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.
7. 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 to the Office of Management and Budget (OMB) to obtain that
office's advice regarding obligations under the Privacy Act.
8. Law Enforcement and Investigation--To appropriate Federal,
State, local, or Tribal 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.
9. Adjudication and Litigation--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.
10. 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.
11. 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.
12. 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, or
cooperative agreement, for the purpose of: (1) Detection and prevention
of fraud, waste, and abuse in Federal programs administered by a
Federal agency or non-Federal entity; (2) 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 and audit information necessary to determine whether the
participant carrier has intentionally or through negligence, reduced
its universal service obligations to exclude locations in eligible
areas that are the most difficult and/or expensive to serve.
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
debt owed to the Commission, following the procedures set out in the
Debt Collection Act, 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The system is maintained in secure, limited access areas.
Electronic files are maintained in the FCC or USAC network
accreditation boundaries. Physical entry by unauthorized persons is
restricted through use of locks, passwords, and other security
measures. Paper documents and other physical records, if any, will be
kept in locked, controlled access areas until digitized and then
destroyed.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in this system can be retrieved by various identifiers,
which may include Stakeholder name, Social Security Number (Tribal
Identification Number if Social Security Number is not available),
physical address, geolocation coordinates, property information, email
address, telephone number, competitive interests, and supporting
evidence.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
1. The National Archives and Records Administration (NARA)
established records schedule number DAA-0173-2017-0001-001 for the
Universal Service High Cost Program Files. In accordance with this
records schedule, the FCC and USAC, as appropriate, will maintain all
information in the ELAP system of records for ten (10) years after cut-
off, or when no longer needed for business or audit purposes, whichever
comes later. Cut-off is determined as the end of the calendar year from
the date an item is filed or prepared. Disposal of obsolete or out-of-
date paper documents and files is by shredding only. Electronic data,
files, and records are destroyed by electronic erasure in compliance
with National Institute of Standards and Technology (NIST) guidelines.
2. Information in this system of records that is not collected or
maintained in connection with the CAF Program Files, including DODC
challenge data, will be maintained in accordance with General Records
Schedule 5.2, Item 20, which provides that records will be destroyed
upon verification of successful creation of the final document or file,
or when no longer needed for business use, whichever is later.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
1. ELAP-related data: The electronic data, records, and files will
be stored within the High-Cost Broadband Portal (HCBP) system
accreditation boundaries. The FCC will oversee the
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management of the HCBP system, including USAC's records management
activities. After a Participant window for filing replies to
Stakeholder information closes, access to the electronic files is
restricted to the FCC staff and its contractors and subcontractors, as
well as USAC and its contractors and subcontractors who carry out ELAP
functions and activities. Other FCC employees and contractors and USAC
employees, contractors, and subcontractors may be granted access only
on a need-to-know basis. The data are protected by the FCC and USAC
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
NIST.
Employees of the FCC and USAC may print paper copies of these ELAP
electronic records for various short-term uses, as necessary. Paper
copies will be 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 USAC employees may have access to
these documents. Participants receiving access to the ELAP portion of
the HCBP system will be prohibited from printing paper copies when such
information contains PII, although they will be permitted to download
redacted versions of such information.
2. Non-ELAP data: The electronic records, files, and data are
stored within FCC accreditation boundaries. Access to the electronic
files is restricted to IT staff, contractors, and vendors who maintain
the networks and services. Other FCC employees, contractors, vendors,
and users may be granted access on a need-to- know basis. The FCC's
data are protected by the FCC and 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 FISMA, OMB, and NIST. Paper copies will be 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 employees
and contractors may have access to these documents.
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 Margaret Drake
at [email protected] or Federal Communications Commission, 45 L Street
NE, Washington, DC 20554, 202-418-1707.
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. 2021-04857 Filed 3-8-21; 8:45 am]
BILLING CODE 6712-01-P
