Privacy Act of 1974; System of Records, 20147-20149 [2021-07820]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Notices]
[Pages 20147-20149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07820]


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FEDERAL COMMUNICATIONS COMMISSION

[FR No. 20892]


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice of a modified system of records.

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SUMMARY: The Federal Communications Commission (FCC, Commission, or 
Agency) has modified an existing system of records, FCC/OCBO-1, 
Business Contacts Database (formerly FCC/OCBO-1, Small Business 
Contacts Database), 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 Commission uses the 
information on individuals and businesses contained in the records in 
this system to conduct outreach.

DATES: This system of records will become effective on April 16, 2021. 
Written comments on the routine uses are due by May 17, 2021. The 
routine uses will become effective on May 17, 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 (FCC), 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 and 
the Supplementary Document, which

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includes details of the modifications to this system of records).

SUPPLEMENTARY INFORMATION: The Commission uses the information in FCC/
OCBO-1 to conduct outreach to individuals and businesses, including but 
not limited to small, minority, and women-owned communications' 
business owners and employees.
    This notice serves to modify FCC/OCBO-1 to reflect various 
necessary changes and updates, including clarification of the purpose 
of the system, format changes required by OMB Circular A-108 since its 
previous publication, the revision of four Routine Uses, and the 
addition of four routine uses. The substantive changes and modification 
to the previously published version of FCC/OCBO-1 system of records 
include:
    1. Changing the name of the system of records to FCC/OCBO-1 
Business Contacts Database.
    2. Updating the Security Classification to follow OMB and FCC 
guidance.
    3. Clarifying the Purpose for the system.
    4. Updating the System Location to show the FCC's new headquarters 
address.
    5. Revising language in four Routine Uses: (1) Adjudication and 
Litigation, (2) Law Enforcement and Investigation, (3) Congressional 
Inquiries, and (4) Government-wide Program Management and Oversight.
    6. Adding four new Routine Uses: (1) Third Parties, to allow the 
FCC to share information before, during, or after outreach events; (6) 
Breach Notification, to allow the FCC address information breaches at 
the Commission; (7) Assistance to Federal Agencies and Entities, to 
allow the FCC to provide assistance to other Federal agencies in their 
data breach situations; and (8) For Non-Federal Personnel, to allow 
contractors performing or working on a contract for the Federal 
Government access to information in this system. New Routine Uses (6) 
and (7) are required by OMB Memorandum M-17-12.
    7. Replacing the Disclosures to Consumer Reporting section with a 
new Reporting to a Consumer Reporting Agency section to address valid 
and overdue debts owed by individuals to the FCC under the Debt 
Collection Act, as recommended by OMB.
    8. Adding a History section referencing the previous publication of 
this SORN in the Federal Register, as required by OMB Circular A-108.
    The system of records is also updated to reflect various 
administrative changes related to the policy and practices for storage 
of the information; administrative, technical, and physical safeguards; 
and updated notification, records access, and procedures to contest 
records.

SYSTEM NAME AND NUMBER:
    FCC/OCBO-1, Business Contacts Database

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The Office of Communications Business Opportunities (OCBO), Federal 
Communications Commission (FCC), 45 L Street NE, Washington, DC 20554.

SYSTEM MANAGER(S):
    Celeste McCray, Program Specialist and Andrea Brown, Program 
Specialist, OCBO, Federal Communications Commission (FCC).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 151, 152, 155, 257, 303; and 5 U.S.C. 602(c) and 
609(a)(3).

PURPOSES:
    The FCC uses this system to conduct outreach to individuals and 
businesses, including but not limited to small, women, and minority-
owned businesses.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals and businesses, including but not limited to, small, 
minority, and women-owned communications' business owners and 
employees, as well as other individuals who work or communicate with 
this segment of the population.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Contact information, such as name, phone numbers, emails, and 
addresses, as well as work and educational history.

RECORD SOURCE CATEGORIES:
    Information in this system is provided by individuals or businesses 
who wish to be contacted by the FCC regarding issues in the 
communications industry, the mission of the FCC, FCC programs, or 
networking opportunities.

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.
    1. Third Parties--To third parties, including individuals and 
businesses in the communications industry, to facilitate networking 
opportunities before, during, or after FCC outreach events.
    2. Adjudication and Litigation--To disclose to the Department of 
Justice (DOJ), or to other administrative or adjudicative bodies 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 has 
an interest in such litigation, and the use of such records by the DOJ 
or the FCC is deemed by the FCC to be relevant and necessary to the 
litigation.
    3. Law Enforcement and Investigation--To disclose pertinent 
information to the appropriate Federal, State, local, or tribal agency 
responsible for investigating, prosecuting, enforcing, or implementing 
a statute, rule, regulation, or order, when the FCC becomes aware of an 
indication of a violation or potential violation of civil or criminal 
law or regulation.
    4. Congressional Inquiries--To provide information to a 
Congressional office from the record of an individual in response to an 
inquiry from that Congressional office made at the written request of 
that individual.
    5. Government-wide Program Management and Oversight--To provide 
information to the Department of Justice (DOJ) to obtain that 
department's advice regarding disclosure obligations under the Freedom 
of Information Act; or to the Office of Management and Budget (OMB) to 
obtain that office's advice regarding obligations under the Privacy 
Act.
    6. Breach Notification--To appropriate agencies, entities, and 
persons when: (a) The Commission suspects or has confirmed that there 
has been a breach of PII maintained in 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 system, programs, and operations), the 
Federal Government, or national security; and; 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

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confirmed breach or to prevent, minimize, or remedy such harm.
    7. 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.
    8. Non-Federal Personnel--To disclose information to non-federal 
personnel, including contractors, who have been engaged to assist the 
FCC 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.
    In each of these cases, the FCC will determine whether disclosure 
of the records is compatible with the purpose for which the records 
were collected.

REPORTING TO A CONSUMER REPORTING AGENCIES:
    In addition to the routine uses cited 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:
    This an electronic system of records that resides on the FCC's 
network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system of records can be retrieved by any category 
field, e.g., first name or zip code.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL:
    The information in this system is maintained and disposed of in 
accordance with the National Archives and Records Administration (NARA) 
General Records Schedule 6.5, Item 020 (DAA-GRS-2017-0002-0002).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic records, files, and data are stored within FCC 
accreditation boundaries and maintained in a database housed in the 
FCC's computer network databases. Access to the electronic files is 
restricted to authorized Commission employees and contractors; and to 
IT staff, contractors, and vendors who maintain the IT networks and 
services. Other FCC employees and contractors may be granted access on 
a need-to-know basis. The FCC's electronic files and records are 
protected by the FCC and third-party privacy safeguards, a 
comprehensive and dynamic set of IT safety and security protocols and 
features that are designed to meet all Federal privacy standards, 
including those required by the Federal Information Security 
Modernization Act of 2014 (FISMA), the Office of Management and Budget 
(OMB), and the National Institute of Standards and Technology (NIST).

RECORD 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 access to and/or 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 
[email protected] Individuals requesting access must also comply with 
the FCC's Privacy Act regulations regarding verification of identity to 
gain access to records as required under 47 CFR part 0, subpart E.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

HISTORY:
    The FCC previously gave full notice of FCC/OCBO-1, Small Business 
Contacts Database, by publication in the Federal Register on April 5, 
2006 (71 FR 17240).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021-07820 Filed 4-15-21; 8:45 am]
BILLING CODE 6712-01-P