Privacy Act of 1974; System of Records, 19138-19141 [2023-06507]
Download as PDF
lotter on DSK11XQN23PROD with NOTICES1
19138
Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Notices
and periodic reports by the owners/
operators of the affected facilities. They
are also required to maintain records of
the occurrence and duration of any
startup, shutdown, or malfunction in
the operation of an affected facility, or
any period during which the monitoring
system is inoperative. These
notifications, reports, and records are
essential in determining compliance,
and are required of all affected facilities
subject to NSPS.
Form Numbers: None.
Respondents/affected entities:
Owners and operators of phosphate rock
plants.
Respondent’s obligation to respond:
Mandatory (40 CFR, part 60, Subpart
NN).
Estimated number of respondents: 1
(total).
Frequency of response: Initially and
semiannually.
Total estimated burden: 120 hours
(per year). Burden is defined at 5 CFR
1320.3(b).
Total estimated cost: $22,400 (per
year), which includes $8,400 in
annualized capital/startup and/or
operation & maintenance costs.
Changes in the Estimates: There is a
decrease in the total estimated
respondent burden compared with the
ICR currently approved by OMB, which
is due to a decrease in the number of
sources. This is due to an adjustment to
reflect that phosphate rock facilities
subject to the NESHAP for Phosphoric
Acid Manufacturing (40 CFR part 63,
subpart AA), as amended on August 19,
2015, are exempt from any otherwise
applicable new source performance
standards contained in 40 CFR part 60,
subpart T, subpart U, or subpart NN,
provided sources have a current
operating permit pursuant of title V of
the Clean Air Act. Most phosphate rock
plants previously included as
respondents to 40 CFR part 60, subpart
NN are subject to 40 CFR part 63,
subpart AA. Only one respondent is
now subject to subpart NN. The
previous ICR indicated 15 sources were
subject to this subpart, which indicates
a 94 percent decrease in the number of
respondents. The reduced number of
respondents also results in a subsequent
decrease in the operation and
maintenance costs. There are no new
sources anticipated, therefore there is no
anticipated change in capital costs.
Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2023–06548 Filed 3–29–23; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
17:22 Mar 29, 2023
Jkt 259001
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID: 133165]
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–5, USAC
Customer Relationship Management
(CRM), 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 Universal Service
Administrative Company (USAC), under
the direction of the Commission and, by
delegation, of the Commission’s
Wireline Competition Bureau (WCB),
administers the Universal Service Fund
(USF) programs and certain programs
funded by Congressional appropriations
(‘‘appropriated programs’’). This system
of records contains information about
individuals who are customers,
participants, and stakeholders of the
programs who submit complaints and
requests for assistance to USAC to
address issues with their program
participation.
DATES: Written comments are due on or
before May 1, 2023. This action will
become effective on March 30, 2023,
except for any new or significantly
modified routine uses, which will
become effective May 1, 2023.
ADDRESSES: Universal Service
Administrative Company (USAC), 700
12th Street NW, Suite 900, Washington,
DC 20005. Send comments to Brendan
McTaggart, Federal Communications
Commission (FCC), 45 L Street NE,
Washington, DC 20554, or to privacy@
fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Brendan McTaggart, (202) 418–1738, or
privacy@fcc.gov.
SUPPLEMENTARY INFORMATION: USAC
administers the programs of the USF
(including the Lifeline, High Cost, Rural
Health Care, and E-Rate programs) and
certain appropriated programs including
the Affordable Connectivity Program
(ACP), Emergency Connectivity Fund
Program (ECF), and the COVID–19
Telehealth Program on behalf of the
FCC, as set forth in 47 CFR part 54,
under the direction of the Commission
and, by delegation, of WCB. Under the
SUMMARY:
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
Memorandum of Understanding
Between the FCC and USAC (Dec. 19,
2018), as amended (Nov. 22, 2021)
(FCC/USAC MOU) 1 USAC is
responsible for the effective
administration of the programs,
including responding to inquiries from
program participants and providing
timely and relevant data and analysis to
inform the Commission in its policy
making and oversight of the USF and
appropriated programs. USAC has not
previously had a unified Customer
Relationship Management (CRM) system
serving as central ticketing system for
service inquiries for all of the programs
it administers. The Lifeline customer
service center is part of an existing
Privacy Act System of Records: FCC/
WCB–1, Lifeline Program, 86 FR 11526
(2021). The USAC CRM will handle and
process inquiries from individuals,
groups, and other entities, for all of the
programs administered by USAC. The
system allows USAC customer service
representatives to access prior related
inquiries in order to provide excellent
customer service. It includes a portal to
allow customers to easily interact with
USAC through one channel of
communication, maintaining the ability
to view case status, create new cases,
and review closed cases within the same
interface. This system of records
includes existing data from the
established USF and appropriated
programs administered by USAC. The
system can also accommodate data from
any future programs assigned by the
FCC to be administered by USAC. The
system allows USAC to retrieve records
based on an individual’s information
within the system. The CRM system will
be launched in phases on a program by
program basis. Phase I currently
includes High Cost, Rural Health Care,
and Finance (Contributions) customer
support. Phase II is anticipated to
incorporate Lifeline and the Affordable
Connectivity Program for customer
support. Phase III will commence the
consumer portal.
SYSTEM NAME AND NUMBER:
FCC/WCB–5, USAC Customer
Relationship Management.
SECURITY CLASSIFICATION:
No information in the system is
classified.
SYSTEM LOCATIONS:
Universal Service Administrative
Company (USAC), 700 12th Street NW,
1 The FCC and USAC have additional MOUs for
the appropriated programs. The COVID–19
Telehealth Program was signed on February 4,
2021, the ECF MOU was signed on March 18, 2021,
and the ACP MOU was signed November 16, 2021
and revised March 2, 2022.
E:\FR\FM\30MRN1.SGM
30MRN1
Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Notices
Suite 900, Washington, DC 20005; and
Wireline Competition Bureau (WCB),
Federal Communications Commission
(FCC), 45 L Street NE, Washington, DC
20554.
SYSTEM MANAGERS:
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;
47 CFR part 54, subpart H.
PURPOSE OF THE SYSTEM:
This system of records is maintained
to provide a unified tool to enable
USAC, on behalf of the FCC, to respond
to inquiries from consumers,
participants, and stakeholders in the
USF and appropriated programs; to
inform the FCC of concerns regarding
the USF and appropriated programs in
support of the agency’s policymaking
and enforcement endeavors or otherwise
to evaluate the efficiency and
administration of FCC programs and to
inform future FCC rulemaking activity;
to provide consumers with access to a
unified portal to view case status, create
new cases, and review closed cases; and
to provide USAC staff with access to
documents and otherwise improve staff
efficiency.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals in this
system include, but are not limited to,
individuals who contact USAC with
inquiries concerning USF and
appropriated programs administered by
USAC on behalf of the FCC. These
individuals include, but are not limited
to, individuals and representatives of
individuals who participate in these
programs; individuals making inquiries
on behalf of program participants and
stakeholders; and employees of USAC,
USAC’s vendors, and the FCC.
lotter on DSK11XQN23PROD with NOTICES1
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the
system collected by design include first
and last name, telephone number, email
address, user ID numbers, and service
representative names, ID numbers, and
the name of the organization associated
with the individual. Examples for
organization names include but are not
limited to carrier and school names.
Customers or customer representatives
may provide data elements that have not
been specifically requested, including
date of birth, home address, place of
birth, gender, work address, taxpayer ID
VerDate Sep<11>2014
17:22 Mar 29, 2023
Jkt 259001
numbers, facsimile numbers, Social
Security numbers (SSNs), mother’s
maiden name, information contained in
birth, death, or marriage certificates,
financial account numbers, employment
status, employer identification numbers
(EINs), and a driver’s licenses or State
ID (or foreign country equivalent).
RECORD SOURCE CATEGORIES:
Participants in USF and appropriated
programs, participating providers and
their registered enrollment
representatives, and USAC employees
or contractors.
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. Program Management—To USAC
employees to conduct official duties
associated with the administration of
FCC programs or the management,
operation, and oversight of the CRM, as
directed by the Commission.
2. Third Party Contractors—To an
employee of a third-party contractor
engaged by USAC or a participating
provider, or to a subcontractor engaged
by a third-party contractor, engaged by
USAC, to, among other things, develop
the CRM, respond to inquiries
concerning USF and appropriated
programs, run call center and email
support operations, assist in dispute
resolution, and develop, test, and
operate the database system and
network.
3. Service Providers—To service
providers, and their registered
representatives, only such information
that may be required to help resolve a
consumer complaint or dispute.
4. State, Tribal, or Local
Governmental Agencies and Other
Authorized Governmental Entities—To
State, Tribal, or local government
agencies and other authorized
governmental entities, including public
utility commissions, only such
information that may be required to
help resolve a consumer complaint or
dispute.
5. 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
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
19139
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.
6. 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.
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
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 disclose pertinent
information to appropriate Federal,
State, Tribal, or local agencies,
authorities, and officials responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where the FCC or USAC
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.
9. Litigation—To disclose the 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.
10. Adjudication—To disclose the
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
E:\FR\FM\30MRN1.SGM
30MRN1
lotter on DSK11XQN23PROD with NOTICES1
19140
Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Notices
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.
11. 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.
12. Assistance to Federal Agencies
and Entities—To another Federal agency
or 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.
13. Prevention of Fraud, Waste, and
Abuse Disclosure—To Federal agencies,
or to an instrumentality of any
governmental jurisdiction within or
under the control of the United States
(including any State, Tribal, or local
governmental agency), and 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
VerDate Sep<11>2014
17:22 Mar 29, 2023
Jkt 259001
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.
14. Contract Services, Grants, or
Cooperative Agreements—To disclose
information to the 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
CRM includes electronic records, files,
data, 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
contractors will have access to the data
at their locations.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Information in the CRM system of
records may be retrieved by various
identifiers, including, but not limited to
the individual’s name, or identification
number. USAC employees and
contractors information can also be
retrieved through identifiers including
first or last name, title, email address,
and username.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Data from USF programs contained in
the CRM system are retained in
accordance with the National Archives
and Records Administration (NARA)
General Records Schedule DAA–0173–
2017–0001, and will be destroyed 10
years after the year it was created or
when no longer needed for business or
audit purposes. NARA has not adopted
a schedule for appropriated programs
records, and will be retained
indefinitely until a NARA schedule is
adopted for those programs’ records.
USAC adheres to National Institute of
Standards and Technology (NIST)
guidelines for the destruction of records.
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
ADMINISTRATIVE, 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, 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
USAC’s network servers which are
accessible by USAC’s 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.
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 an
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 Federal Communications
Commission (FCC), 45 L Street NE,
Washington, DC 20554, or to privacy@
fcc.gov. 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 PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
E:\FR\FM\30MRN1.SGM
30MRN1
Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Notices
Federal Communications Commission.
Marlene Dortch,
Secretary.
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0755 FR ID 134046]
Information Collection Being Reviewed
by the Federal Communications
Commission Under Delegated
Authority
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before May 30, 2023.
If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicole Ongele, FCC, via email PRA@
fcc.gov and to nicole.ongele@fcc.gov.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:22 Mar 29, 2023
Jkt 259001
For
additional information about the
information collection, contact Nicole
Ongele, (202) 418–2991.
FEDERAL COMMUNICATIONS
COMMISSION
SUPPLEMENTARY INFORMATION:
Information Collection Being Reviewed
by the Federal Communications
Commission Under Delegated
Authority
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2023–06507 Filed 3–29–23; 8:45 am]
19141
OMB Control Number: 3060–0755.
Title: Sections 59.1 through 59.4,
Infrastructure Sharing.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 75 respondents; 1,125
responses.
Estimated Time per Response: 1–2
hours.
Frequency of Response: On occasion
reporting requirement and third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 259 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 2,025 hours.
Total Annual Cost: No cost.
Needs and Uses: There are three
reporting and third party disclosure
requirements under section 259 of the
Communications Act of 1934, as
amended. They are: (1) filing of tariffs,
contracts or arrangements; (2) providing
information concerning deployment of
new services and equipment; and (3)
notice upon termination of section 259
agreements. The information collections
by the Commission under the
requirement are: (1) incumbent local
exchange carriers (incumbent LECs) will
file for public inspection any tariffs,
contracts and agreements for
infrastructure sharing with third parties
(qualifying carriers); (2) incumbent LECs
will provide timely information on
planned deployments of new services
and equipment to third parties
(qualifying carriers); and (3) incumbent
LECs will furnish third parties
(qualifying carriers) with 60 day notice
prior to termination of a section 259
sharing agreement to protect customers
from sudden changes in service.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023–06556 Filed 3–29–23; 8:45 am]
BILLING CODE 6712–01–P
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
[OMB 3060–1237, FR ID 133498]
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before May 29, 2023.
If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicole Ongele, FCC, via email PRA@
fcc.gov and to nicole.ongele@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Nicole
Ongele, (202) 418–2991.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–1237.
SUMMARY:
E:\FR\FM\30MRN1.SGM
30MRN1
Agencies
[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Notices]
[Pages 19138-19141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06507]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 133165]
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-5, USAC
Customer Relationship Management (CRM), 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
Universal Service Administrative Company (USAC), under the direction of
the Commission and, by delegation, of the Commission's Wireline
Competition Bureau (WCB), administers the Universal Service Fund (USF)
programs and certain programs funded by Congressional appropriations
(``appropriated programs''). This system of records contains
information about individuals who are customers, participants, and
stakeholders of the programs who submit complaints and requests for
assistance to USAC to address issues with their program participation.
DATES: Written comments are due on or before May 1, 2023. This action
will become effective on March 30, 2023, except for any new or
significantly modified routine uses, which will become effective May 1,
2023.
ADDRESSES: Universal Service Administrative Company (USAC), 700 12th
Street NW, Suite 900, Washington, DC 20005. Send comments to Brendan
McTaggart, Federal Communications Commission (FCC), 45 L Street NE,
Washington, DC 20554, or to [email protected].
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
[email protected].
SUPPLEMENTARY INFORMATION: USAC administers the programs of the USF
(including the Lifeline, High Cost, Rural Health Care, and E-Rate
programs) and certain appropriated programs including the Affordable
Connectivity Program (ACP), Emergency Connectivity Fund Program (ECF),
and the COVID-19 Telehealth Program on behalf of the FCC, as set forth
in 47 CFR part 54, under the direction of the Commission and, by
delegation, of WCB. Under the Memorandum of Understanding Between the
FCC and USAC (Dec. 19, 2018), as amended (Nov. 22, 2021) (FCC/USAC MOU)
\1\ USAC is responsible for the effective administration of the
programs, including responding to inquiries from program participants
and providing timely and relevant data and analysis to inform the
Commission in its policy making and oversight of the USF and
appropriated programs. USAC has not previously had a unified Customer
Relationship Management (CRM) system serving as central ticketing
system for service inquiries for all of the programs it administers.
The Lifeline customer service center is part of an existing Privacy Act
System of Records: FCC/WCB-1, Lifeline Program, 86 FR 11526 (2021). The
USAC CRM will handle and process inquiries from individuals, groups,
and other entities, for all of the programs administered by USAC. The
system allows USAC customer service representatives to access prior
related inquiries in order to provide excellent customer service. It
includes a portal to allow customers to easily interact with USAC
through one channel of communication, maintaining the ability to view
case status, create new cases, and review closed cases within the same
interface. This system of records includes existing data from the
established USF and appropriated programs administered by USAC. The
system can also accommodate data from any future programs assigned by
the FCC to be administered by USAC. The system allows USAC to retrieve
records based on an individual's information within the system. The CRM
system will be launched in phases on a program by program basis. Phase
I currently includes High Cost, Rural Health Care, and Finance
(Contributions) customer support. Phase II is anticipated to
incorporate Lifeline and the Affordable Connectivity Program for
customer support. Phase III will commence the consumer portal.
---------------------------------------------------------------------------
\1\ The FCC and USAC have additional MOUs for the appropriated
programs. The COVID-19 Telehealth Program was signed on February 4,
2021, the ECF MOU was signed on March 18, 2021, and the ACP MOU was
signed November 16, 2021 and revised March 2, 2022.
---------------------------------------------------------------------------
SYSTEM NAME AND NUMBER:
FCC/WCB-5, USAC Customer Relationship Management.
SECURITY CLASSIFICATION:
No information in the system is classified.
SYSTEM LOCATIONS:
Universal Service Administrative Company (USAC), 700 12th Street
NW,
[[Page 19139]]
Suite 900, Washington, DC 20005; and Wireline Competition Bureau (WCB),
Federal Communications Commission (FCC), 45 L Street NE, Washington, DC
20554.
SYSTEM MANAGERS:
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; 47 CFR part 54, subpart H.
PURPOSE OF THE SYSTEM:
This system of records is maintained to provide a unified tool to
enable USAC, on behalf of the FCC, to respond to inquiries from
consumers, participants, and stakeholders in the USF and appropriated
programs; to inform the FCC of concerns regarding the USF and
appropriated programs in support of the agency's policymaking and
enforcement endeavors or otherwise to evaluate the efficiency and
administration of FCC programs and to inform future FCC rulemaking
activity; to provide consumers with access to a unified portal to view
case status, create new cases, and review closed cases; and to provide
USAC staff with access to documents and otherwise improve staff
efficiency.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals in this system include, but are not
limited to, individuals who contact USAC with inquiries concerning USF
and appropriated programs administered by USAC on behalf of the FCC.
These individuals include, but are not limited to, individuals and
representatives of individuals who participate in these programs;
individuals making inquiries on behalf of program participants and
stakeholders; and employees of USAC, USAC's vendors, and the FCC.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the system collected by design include
first and last name, telephone number, email address, user ID numbers,
and service representative names, ID numbers, and the name of the
organization associated with the individual. Examples for organization
names include but are not limited to carrier and school names.
Customers or customer representatives may provide data elements that
have not been specifically requested, including date of birth, home
address, place of birth, gender, work address, taxpayer ID numbers,
facsimile numbers, Social Security numbers (SSNs), mother's maiden
name, information contained in birth, death, or marriage certificates,
financial account numbers, employment status, employer identification
numbers (EINs), and a driver's licenses or State ID (or foreign country
equivalent).
RECORD SOURCE CATEGORIES:
Participants in USF and appropriated programs, participating
providers and their registered enrollment representatives, and USAC
employees or contractors.
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. Program Management--To USAC employees to conduct official duties
associated with the administration of FCC programs or the management,
operation, and oversight of the CRM, as directed by the Commission.
2. Third Party Contractors--To an employee of a third-party
contractor engaged by USAC or a participating provider, or to a
subcontractor engaged by a third-party contractor, engaged by USAC, to,
among other things, develop the CRM, respond to inquiries concerning
USF and appropriated programs, run call center and email support
operations, assist in dispute resolution, and develop, test, and
operate the database system and network.
3. Service Providers--To service providers, and their registered
representatives, only such information that may be required to help
resolve a consumer complaint or dispute.
4. State, Tribal, or Local Governmental Agencies and Other
Authorized Governmental Entities--To State, Tribal, or local government
agencies and other authorized governmental entities, including public
utility commissions, only such information that may be required to help
resolve a consumer complaint or dispute.
5. 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.
6. 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.
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 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 disclose pertinent
information to appropriate Federal, State, Tribal, or local agencies,
authorities, and officials responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
the FCC or USAC 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.
9. Litigation--To disclose the 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.
10. Adjudication--To disclose the 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
[[Page 19140]]
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.
11. 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.
12. Assistance to Federal Agencies and Entities--To another Federal
agency or 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.
13. Prevention of Fraud, Waste, and Abuse Disclosure--To Federal
agencies, or to an instrumentality of any governmental jurisdiction
within or under the control of the United States (including any State,
Tribal, or local governmental agency), and 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.
14. Contract Services, Grants, or Cooperative Agreements--To
disclose information to the 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 CRM includes electronic records,
files, data, 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 contractors will have
access to the data at their locations.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in the CRM system of records may be retrieved by
various identifiers, including, but not limited to the individual's
name, or identification number. USAC employees and contractors
information can also be retrieved through identifiers including first
or last name, title, email address, and username.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Data from USF programs contained in the CRM system are retained in
accordance with the National Archives and Records Administration (NARA)
General Records Schedule DAA-0173-2017-0001, and will be destroyed 10
years after the year it was created or when no longer needed for
business or audit purposes. NARA has not adopted a schedule for
appropriated programs records, and will be retained indefinitely until
a NARA schedule is adopted for those programs' records. USAC adheres to
National Institute of Standards and Technology (NIST) guidelines for
the destruction of records.
ADMINISTRATIVE, 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, 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 USAC's network servers which are
accessible by USAC's 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.
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 an 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 Federal
Communications Commission (FCC), 45 L Street NE, Washington, DC 20554,
or to [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 PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[[Page 19141]]
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-06507 Filed 3-29-23; 8:45 am]
BILLING CODE 6712-01-P