Privacy Act of 1974; System of Records, 52554-52556 [2022-18359]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52554-52556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18359]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 101751]


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) proposes to modify an existing system of records, FCC-2, 
Business Contacts and Certifications, 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 collect and maintain points of contact 
at regulated entities and in related industries, and ensure compliance 
with FCC rules through certifications of information provided to the 
Commission. This modification expands the categories of individuals and 
record source categories of this system of records to include other 
Federal, state, local, U.S. territorial, and Tribal government entities 
and expands the purpose and routine uses of this system of records to 
include additional purposes for disclosing business contact and 
certification information and adding state, local, U.S. territorial, 
and Tribal government entities to the types of entities that may 
receive information from this system.

DATES: This modified system of records will become effective on August 
26, 2022. Written comments on the routine uses are due by September 26, 
2022. The routine uses will become effective on September 26, 2022, 
unless written comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Brendan McTaggart, at [email protected], or 
at Federal Communications Commission (FCC), 45 L Street NE, Washington, 
DC 20554 at (202) 418-1738.

FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or 
[email protected] (and to obtain a copy of the Narrative Statement and 
the Supplementary Document, which includes details of the modifications 
to this system of records).

SUPPLEMENTARY INFORMATION:

SYSTEM NAME AND NUMBER:
    FCC-2, Business Contacts and Certifications

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Communications Commission (FCC), 45 L Street NE, 
Washington, DC 20554; Universal Service Administrative Company, 700 
12th Street NW, Suite 900, Washington, DC 20005; or FISMA compliant 
contractor.

SYSTEM MANAGER(S):
    Federal Communications Commission (FCC); Universal Service 
Administrative Company (USAC); or FISMA compliant contractor.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 151, 152, 154 (i)-(j) & (o), 155, 251(e)(3), 254, 257, 
301, 303, 332, 402, 1302; and 5 U.S.C. 602(c) and 609(a)(3).

[[Page 52555]]

PURPOSES OF THE SYSTEM:
    The FCC and organizations administering programs on behalf of the 
FCC use this system to collect and maintain points of contact at 
entities regulated by the FCC and in related industries, as well as 
contractors, vendors, and those performing collateral duties for the 
FCC, to ensure compliance with applicable Federal laws and FCC rules, 
including through certifications of information provided to the 
Commission. The FCC also uses this system to collect and maintain 
contact information and certifications from other Federal, state, 
local, U.S. territorial, and Tribal government entities that 
administer, support, participate in, or receive information related to, 
FCC programs and activities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals, including points of contact for and those who certify 
on behalf of, businesses as well as Federal, state, local, U.S. 
territorial, or Tribal governmental entities.

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

RECORD SOURCE CATEGORIES:
    Information in this system is provided by individuals, including 
points of contact for and those who certify on behalf of: FCC 
contractors; vendors; those providing collateral duties to the FCC; 
regulated entities and entities in related industries; and Federal, 
state, local, U.S. territorial, and Tribal government entities.

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. Public Access--Contact information and certifications made by 
individuals contained in this system may be made available for public 
inspection to comply with FCC regulations that require public 
disclosure of this information, or in Commission releases, including 
notices of proposed rulemaking, public notices, orders, and other 
actions released by the Commission.
    2. Authorized Third Parties--Contact information and certifications 
made by individuals contained in this system may be shared with 
authorized third parties, including individuals and businesses in 
regulated and related industries, FCC vendors, and their contractors, 
to administer, support, participate in, or receive information related 
to, FCC programs and activities; or to ensure compliance with the 
confidentiality and other rules regarding information sharing in the 
FCC's programs and activities.
    3. Federal Agencies--Contact information and certifications made by 
individuals contained in this system may be shared with other Federal 
agencies in order to administer, support, participate in, or receive 
information related to, FCC programs and activities.
    4. State, Local, U.S. Territorial, and Tribal Government Entities--
Contact information and certifications made by individuals contained in 
this system may be shared with authorized state, local, U.S. 
territorial and Tribal government entities to administer, support, 
participate in, or receive information related to, FCC programs and 
activities.
    5. Litigation--To disclose records to the Department of Justice 
(DOJ) 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 Government is a party 
to litigation or has an interest in such litigation, and by careful 
review, the FCC determines that the records are both relevant and 
necessary to the litigation, and the use of such records by the 
Department of Justice is for a purpose that is compatible with the 
purpose for which the FCC collected the records.
    6. Adjudication--To disclose records in a proceeding before a court 
or adjudicative body, 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; or (d) the 
United States Government, is a party to litigation or has an interest 
in such litigation, and by careful review, the FCC determines that the 
records are both relevant and necessary to the litigation, and that the 
use of such records is for a purpose that is compatible with the 
purpose for which the agency collected the records.
    7. Law Enforcement and Investigation--To disclose pertinent 
information to the appropriate Federal, State, local, Tribal agency, or 
a component of such an agency, responsible for investigating, 
prosecuting, enforcing, or implementing a statute, rule, regulation, or 
order, where the FCC becomes aware of an indication of a violation or 
potential violation of civil or criminal law or regulation.
    8. 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.
    9. 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 (FOIA); or to the Office of Management and Budget 
(OMB) to obtain that office's advice regarding obligations under the 
Privacy Act.
    10. 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 confirmed breach or to prevent, minimize, or remedy such 
harm.
    11. Assistance to Federal Agencies and Entities Related to 
Breaches--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. Non-Federal Personnel--To disclose information to non-Federal 
personnel, including contractors, grantees, and volunteers 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.

[[Page 52556]]

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, USAC's network, or on an FCC vendor'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 email address.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    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, 
USAC, or a vendor's accreditation boundaries and maintained in a 
database housed in the FCC's, USAC's, or vendor's computer network 
databases. Access to the electronic files is restricted to authorized 
employees and contractors; and to IT staff, contractors, and vendors 
who maintain the IT networks and services. Other employees and 
contractors may be granted access on a need-to-know basis. The 
electronic files and records are protected by the FCC, USAC, 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 PROCEDURES:
    Individuals wishing to determine whether this system of records 
contains information about themselves may do so by writing to 
[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:
    86 FR 68497 (December 2, 2021).

Federal Communications Commission.
Sheryl Todd,
Deputy Secretary.
[FR Doc. 2022-18359 Filed 8-25-22; 8:45 am]
BILLING CODE 6712-01-P