Privacy Act System of Records, 60459-60462 [2023-18948]
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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices
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location information to emergency
answering points.
B. Provision of Automatic Location
Information (ALI). Interconnected VoIP
service providers will place the location
information for their customers into, or
make that information available
through, specialized databases
maintained by local exchange carriers
(and, in at least one case, a State
Government) across the country.
C. Customer Notification. Requires
that all providers of interconnected
VoIP are aware of their interconnected
VoIP service’s actual E911 capabilities.
That all providers of interconnected
VoIP service specifically advise every
subscriber, both new and existing,
prominently and in plain language, the
circumstances under which E911
service may not be available through the
interconnected VoIP service or may be
in some way limited by comparison to
traditional E911 service.
D. Record of Customer Notification.
Requires VoIP providers to obtain and
keep a record of affirmative
acknowledgement by every subscriber,
both new and existing, of having
received and understood this advisory.
E. User Notification. In addition, in
order to ensure to the extent possible
that the advisory is available to all
potential users of an interconnected
VoIP service, interconnected VoIP
service providers must distribute to all
subscribers, both new and existing,
warning stickers or other appropriate
labels warning subscribers if E911
service may be limited or not available
and instructing the subscriber to place
them on or near the customer premises
equipment used in conjunction with the
interconnected VoIP service.
Section 506 of RAY BAUM’S Act
Section 506 of RAY BAUM’S Act,
which requires the Commission to
‘‘consider adopting rules to ensure that
the dispatchable location is conveyed
with a 9–1–1 call, regardless of the
technological platform used and
including with calls from multi-line
telephone system.’’ RAY BAUM’S Act
also states that, ‘‘[i]n conducting the
proceeding . . . the Commission may
consider information and conclusions
from other Commission proceedings
regarding the accuracy of the
dispatchable location for a 9–1–1
call. . . .’’ RAY BAUM’S Act defines a
‘‘9–1–1 call’’ as a voice call that is
placed, or a message that is sent by
other means of communication, to a
PSAP for the purpose of requesting
emergency services.
As part of implementing Section 506
of RAY BAUM’S Act, on August 1,
2019, the Commission adopted a Report
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and Order (2019 Order) amending,
among other things, its 911 Registered
Location and customer notification
requirements applicable to VoIP service
providers.
The Commission’s 2019 Order
changed the wording of section 9.11’s
Registered Location requirements to
facilitate the provision of automated
dispatchable location in fixed and nonfixed environments. For non-fixed
environments, the rule requires
automated dispatchable location, if
technically feasible. If not technically
feasible, VoIP service providers may fall
back to registered location, alternative
location information for 911 calls, or a
national emergency call center.
Regarding customer notification
requirements, the Commission afforded
service providers flexibility to use any
conspicuous means to notify end users
of limitations in 911 service. In sum, the
requirements adopted in the 2019 Order
leverage technology advancements since
the 2005 Order, build upon the existing
Registered Location requirement,
expand options for collecting and
supplying end-user location information
with 911 calls, are flexible and
technologically neutral from a
compliance standpoint and serve a vital
public safety interest.
NET 911 Act
The NET 911 Act explicitly imposes
on each interconnected voice over
internet Protocol (VoIP) provider the
obligation to provide 911 and E911
service in accordance with the
Commission’s existing requirements. In
addition, the NET 911 Act directs the
Commission to issue regulations by no
later than October 21, 2008 that ensure
that interconnected VoIP providers have
access to any and all capabilities they
need to satisfy that requirement.
On October 21, 2008, the Commission
released a Report and Order (2008
Order), FCC 08–249, WC Docket No. 08–
171, that implements certain key
provisions of the NET 911 Act. As
relevant here under the Paperwork
Reduction Act (PRA), the Commission
requires an owner or controller of a
capability that can be used for 911 or
E911 service to make that capability
available to a requesting interconnected
VoIP provider under certain
circumstances. In particular, an owner
or controller of such capability must
make it available to a requesting
interconnected VoIP provider if that
owner or controller either offers that
capability to any commercial mobile
radio service (CMRS) provider or if that
capability is necessary to enable the
interconnected VoIP provider to provide
911 or E911 service in compliance with
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60459
the Commission’s rules. The
information collection requirements
contained in this collection guarantee
continued cooperation between
interconnected VoIP service providers
and Public Safety Answering Points
(PSAPs) in complying with the
Commission’s E911 requirements.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023–18950 Filed 8–31–23; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID: 167766]
Privacy Act System of Records
Federal Communications
Commission.
ACTION: Notice of a modified system of
records.
AGENCY:
The Federal Communications
Commission (FCC, Commission, or
Agency) proposes to modify an existing
system of records, FCC/CGB–1, Informal
Complaints, Inquiries, and Requests for
Dispute Assistance, 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 records in this system
to handle and process informal
complaints, inquiries, and requests for
dispute assistance received from
individuals, groups, and other entities.
This modification makes various
necessary changes and updates,
including formatting changes required
by the Office of Management and
Budget (OMB) Circular A–108 since its
previous publication, the addition of
new routine uses, as well as the revision
of existing routine uses.
DATES: This modified system of records
will become effective on September 1,
2023. Written comments on the routine
uses are due by October 2, 2023. The
routine uses in this action will become
effective on October 2, 2023 unless
comments are received that require a
contrary determination.
ADDRESSES: Send comments to
Katherine C. Clark, Federal
Communications Commission, 45 L
Street NE, Washington, DC 20554, or
privacy@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Katherine C. Clark, (202) 418–1773, or
privacy@fcc.gov (and to obtain a copy of
the Narrative Statement and the
SUMMARY:
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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices
Supplementary Document, which
includes details of the proposed
alterations to this system of records).
SUPPLEMENTARY INFORMATION: As
required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and
(e)(11), this document sets forth notice
of the proposed modification of a
system of records maintained by the
FCC. The FCC previously provided
notice of the system of records FCC/
CGB–1, Informal Complaints, Inquiries,
and Requests for Dispute Assistance, by
publication in the Federal Register on
August 15, 2014 (79 FR 48154).
This notice serves to update and
modify FCC/CGB–1 as a result of the
various necessary changes and updates,
including approval by the National
Archives and Records Administration
(NARA) of a records retention and
disposal schedule for the information in
this system since its previous
publication. The substantive changes
and modifications to the previously
published version of the FCC/CGB–1
system of records include:
1. Updating the language in the
Security Classification to follow OMB
guidance;
2. Modifying the language in the
Categories of Individuals and Categories
of Records to be consistent with the
language and phrasing now used in FCC
SORNs;
3. Updating and/or revising language
in the following routine uses (listed by
current routine use number: (3) Public
Disclosure; (4) Law Enforcement and
Investigation; (5) Litigation; (6)
Adjudication; (7) Congressional
Inquiries; (8) Government-wide Program
Management and Oversight; and (9)
Breach Notification, the revision of
which is as required by OMB
Memorandum No. M–17–12;
4. Adding two new routine uses
(listed by current routine use number):
(10) Assistance to Federal Agencies and
Entities Related to Breaches—to assist
with other Federal agencies’ data breach
situations, which is required by OMB
Memorandum No. M–17–12; and (11)
Non-Federal Personnel—to provide
contractors, other vendors, grantees, and
volunteers who have been engaged to
assist the FCC in the performance of a
contract, service, grant, cooperative
agreement with access to information;
5. Deleting former routine use (7)
Department of Justice, which is
duplicative of current routine use (5)
Litigation; and
6. Updating the existing records
retention and disposal schedule with a
new records schedule, NARA General
Records Schedule 6.5, Item 020 (DAA–
0173–2019–0002).
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The system of records is also updated
to reflect various administrative changes
related to the system managers and
system addresses; policy and practices
for storage and retrieval of the
information; administrative, technical,
and physical safeguards; and updated
notification, records access, and
contesting records procedures.
SYSTEM NAME AND NUMBER:
FCC/CGB–1, Informal Complaints,
Inquiries, and Requests for Dispute
Assistance.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Consumer and Governmental Affairs
Bureau, Federal Communications
Commission (FCC), 45 L Street NE,
Washington, DC 20554.
SYSTEM MANAGER(S):
Consumer and Governmental Affairs
Bureau, Federal Communications
Commission (FCC), 45 L Street NE,
Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 1, 4, 206, 208, 225, 226, 227,
228, 255, 258, 301, 303, 309(e), 312, 362,
364, 386, 507, 710, 713, 716, 717, and
718 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154, 206,
208, 225, 226, 227, 228, 255, 258, 301,
303, 309(e), 312, 362, 364, 386, 507, 610,
613, 617, 618, and 619; Sections 504
and 508 of the Rehabilitation Act, 29
U.S.C. 794 and 794d; and 47 CFR 0.111,
0.141, 1.711 et seq., 14.30 et seq., 20.19,
64.604, 68.414 et seq., and 79.1 et seq.
PURPOSE(S) OF THE SYSTEM:
This system will collect informal
consumer complaints, inquiries, and
requests for dispute assistance and
related supporting materials received
from individuals, groups, and other
entities; company replies to informal
consumer complaints, requests,
inquiries, and Commission letters
regarding such complaints, requests,
and inquiries; and other submissions
made by individuals, groups, or other
entities. Collecting and maintaining
these types of information allow staff
access to documents necessary for key
activities discussed in this SORN,
including processing informal
complaints, inquiries, and requests for
dispute assistance; analyzing
effectiveness and efficiency of related
FCC programs and informing future
rule- and policy-making activity; and
improving staff efficiency. Records in
this system are available for public
inspection, e.g., in response to requests
under the Freedom of Information Act
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(FOIA), after redaction of information
that could identify the complainant or
correspondent, including the
complainant’s name, address, telephone
number, fax number, and/or email
address.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals, and individual
representatives of groups or other
entities who make or have made, or are
responding to, informal consumer
complaints, inquiries, or requests for
dispute assistance, as well as
Commission letters regarding such
complaints, requests, and inquiries on
matters arising under the
Communications Act of 1934, as
amended, and the Rehabilitation Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Computerized information contained
in a database of inquiries, requests for
dispute assistance, informal consumer
complaints, and related supporting
information, including personal contact
information or other identifying
information provided by individuals,
groups, or other entities; company
replies, including contact information,
to informal consumer complaints,
requests, inquiries, and Commission
letters regarding such complaints,
requests, and inquiries; and submissions
that individuals, groups, or other
entities make, including, but not limited
to, submissions made by letter, fax,
telephone, email, and via the FCC web
portal for consumer complaints.
RECORD SOURCE CATEGORIES:
Information in this system is provided
by individuals, groups, and other
entities who make or have made, or are
responding to, informal consumer
complaints, inquiries, or requests for
dispute assistance, as well as
Commission letters regarding such
complaints, requests, and inquiries on
matters arising under the
Communications Act of 1934, as
amended, and the Rehabilitation Act.
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 of the FCC as a
routine use pursuant to 5 U.S.C.
552a(b)(3) as follows:
1. Informal Consumer Complaints—
When a record in this system involves
an informal consumer complaint filed
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against a service provider (e.g.,
broadband, telecommunications,
broadcast, multi-channel video program,
Voice over internet-Protocol (VoIP),
etc.), the complaint may be forwarded to
the subject company for a response,
pursuant to Sections 4(i), 208, and
303(r) of the Communications Act of
1934, as amended.
2. Informal Complaints, Inquiries, and
Requests for Dispute Assistance about
Accessibility for Individuals with
Disabilities—When a record in this
system involves an informal complaint,
inquiry, or request for dispute assistance
involving or filed against a company
about accessibility for individuals with
disabilities, the inquiry, request, or
informal complaint may be forwarded to
the subject company for a response,
pursuant to Section 4(i), 208, and 303(r)
of the Communications Act of 1934, as
amended.
3. Public Disclosure—When an order
or other published Bureau- or
Commission-level action (including
Notices of Proposed Rulemaking,
Reports and Orders, Notices of Apparent
Liability, Forfeiture Orders, Consent
Agreements, Notice Letters, or all other
actions released by a Bureau or the
Commission) includes consideration of
informal complaints (including informal
complaints related to accessibility for
individuals with disabilities) filed
against a company, the complainant’s
name may be made public in that order
or Commission action. 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.
4. 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.
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)
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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 DOJ 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. Congressional Inquiries—To
provide information to a Congressional
office from the record of an individual
in response to an inquiry from the
Congressional office made at the written
request of that individual.
8. Government-wide Program
Management and Oversight—To provide
information to the DOJ to obtain the
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.
9. Breach Notification—To
appropriate agencies, entities, and
persons when: (a) the Commission
suspects or has confirmed that there has
been a breach of Personally Identifiable
Information (PII) maintained in 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.
10. 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
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60461
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.
11. Non-Federal Personnel—To
disclose information to non-Federal
personnel, including contractors, FCC
program administrators (including
USAC), other vendors (e.g., identity
verification services), 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 to perform
their activity.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
This is a cloud-based computing
system that utilizes the providersupported application on the provider’s
cloud network (Software as a Service or
SaaS).
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records in this system of records can
be retrieved by any category field, e.g.,
first or last 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 NARA General
Records Schedule 6.5, Item 020 (DAA–
0173–2019–0002).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
The electronic records, files, and data
are stored within FCC or a vendor’s
accreditation boundaries and
maintained in a database housed in the
FCC’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 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),
OMB, and the National Institute of
Standards and Technology (NIST).
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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices
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 privacy@fcc.gov.
Individuals requesting access or
amendment of records must also comply
with the FCC’s Privacy Act regulations
regarding verification of identity as
required under 47 CFR part 0, subpart
E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
79 FR 48152 (August 15, 2014).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023–18948 Filed 8–31–23; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–1280; FR ID 167929]
Information Collection Being Reviewed
by the Federal Communications
Commission
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
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SUMMARY:
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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.
DATES: Written PRA comments should
be submitted on or before October 31,
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: 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.
OMB Control Number: 3060–1280.
Title: E911 Compliance for Fixed
Telephony and Multi-line Telephone
Systems.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities, not-for-profit institutions
and State, local, and Tribal government.
Number of Respondents and
Responses: 1,397,677 respondents;
46,728,330 responses.
Estimated Time per Response: 0.016
hours (one minute).
Frequency of Response: One-time, on
occasion, third party disclosure
requirement, and recordkeeping
requirement.
Obligation to Respond: Mandatory.
Statutory authority for this information
collection is contained in 47 U.S.C.
151–154, 152(a), 155(c), 157, 160, 201,
202, 208, 210, 214, 218, 219, 222, 225,
251(e), 255, 301, 302, 303, 307, 308, 309,
310, 316, 319, 332, 403, 405, 605, 610,
615, 615 note, 615a, 615b, 615c, 615a–
1, 616, 620, 621, 623, 623 note, 721, and
1471.
Total Annual Burden: 779,266 hours.
Total Annual Cost: $1,834,020.
Needs and Uses: The Commission is
obligated by statute to promote ‘‘safety
of life and property’’ and to ‘‘encourage
and facilitate the prompt deployment
throughout the United States of a
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seamless, ubiquitous, and reliable endto-end infrastructure’’ for public safety.
Congress has established 911 as the
national emergency number to enable
all citizens to reach emergency services
directly and efficiently, irrespective of
whether a citizen uses wireline or
wireless technology when calling for
help by dialing 911. Efforts by federal,
state and local government, along with
the significant efforts of wireline and
wireless service providers, have resulted
in the nearly ubiquitous deployment of
this life-saving service.
Section 506 of RAY BAUM’S Act
requires the Commission to ‘‘consider
adopting rules to ensure that the
dispatchable location is conveyed with
a 9–1–1 call, regardless of the
technological platform used and
including with calls from multi-line
telephone system.’’ RAY BAUM’S Act
also states that, ‘‘[i]n conducting the
proceeding . . . the Commission may
consider information and conclusions
from other Commission proceedings
regarding the accuracy of the
dispatchable location for a 9–1–1 call
. . . .’’ RAY BAUM’S Act defines a ‘‘9–
1–1 call’’ as a voice call that is placed,
or a message that is sent by other means
of communication, to a Public Safety
Answering Point (PSAP) for the purpose
of requesting emergency services.
As part of implementing section 506
of RAY BAUM’S Act, on August 1,
2019, the Commission adopted a Report
and Order (2019 Order), set forth rules
requiring Fixed Telephony providers
and MLTS providers to ensure that
dispatchable location is conveyed with
911 calls.
The Commission’s 2019 Order
adopted §§ 9.8(a) and 9.16(b)(3)(i), (ii),
and (iii) to facilitate the provision of
automated dispatchable location. For
Fixed Telephony and in fixed Multi-line
Telephone Systems (MLTS)
environments, respective providers
must provide automated dispatchable
location with 911 calls. For onpremises, non-fixed devices associated
with an MLTS, the MLTS operator or
manager must provide automated
dispatchable location to the appropriate
PSAP when technically feasible;
otherwise they must provide either
dispatchable location based on end-user
manual update, or alternative location
information. For off-premises MLTS
calls to 911, the MLTS operator or
manager must provide (1) dispatchable
location, if technically feasible, or,
otherwise, either (2) manually-updated
dispatchable location, or (3) enhanced
location information, which may be
coordinate-based, consisting of the best
available location that can be obtained
from any available technology or
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]]>Agencies
[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60459-60462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18948]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 167766]
Privacy Act 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/CGB-1,
Informal Complaints, Inquiries, and Requests for Dispute Assistance,
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 records in this system to
handle and process informal complaints, inquiries, and requests for
dispute assistance received from individuals, groups, and other
entities. This modification makes various necessary changes and
updates, including formatting changes required by the Office of
Management and Budget (OMB) Circular A-108 since its previous
publication, the addition of new routine uses, as well as the revision
of existing routine uses.
DATES: This modified system of records will become effective on
September 1, 2023. Written comments on the routine uses are due by
October 2, 2023. The routine uses in this action will become effective
on October 2, 2023 unless comments are received that require a contrary
determination.
ADDRESSES: Send comments to Katherine C. Clark, Federal Communications
Commission, 45 L Street NE, Washington, DC 20554, or [email protected].
FOR FURTHER INFORMATION CONTACT: Katherine C. Clark, (202) 418-1773, or
[email protected] (and to obtain a copy of the Narrative Statement and
the
[[Page 60460]]
Supplementary Document, which includes details of the proposed
alterations to this system of records).
SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth
notice of the proposed modification of a system of records maintained
by the FCC. The FCC previously provided notice of the system of records
FCC/CGB-1, Informal Complaints, Inquiries, and Requests for Dispute
Assistance, by publication in the Federal Register on August 15, 2014
(79 FR 48154).
This notice serves to update and modify FCC/CGB-1 as a result of
the various necessary changes and updates, including approval by the
National Archives and Records Administration (NARA) of a records
retention and disposal schedule for the information in this system
since its previous publication. The substantive changes and
modifications to the previously published version of the FCC/CGB-1
system of records include:
1. Updating the language in the Security Classification to follow
OMB guidance;
2. Modifying the language in the Categories of Individuals and
Categories of Records to be consistent with the language and phrasing
now used in FCC SORNs;
3. Updating and/or revising language in the following routine uses
(listed by current routine use number: (3) Public Disclosure; (4) Law
Enforcement and Investigation; (5) Litigation; (6) Adjudication; (7)
Congressional Inquiries; (8) Government-wide Program Management and
Oversight; and (9) Breach Notification, the revision of which is as
required by OMB Memorandum No. M-17-12;
4. Adding two new routine uses (listed by current routine use
number): (10) Assistance to Federal Agencies and Entities Related to
Breaches--to assist with other Federal agencies' data breach
situations, which is required by OMB Memorandum No. M-17-12; and (11)
Non-Federal Personnel--to provide contractors, other vendors, grantees,
and volunteers who have been engaged to assist the FCC in the
performance of a contract, service, grant, cooperative agreement with
access to information;
5. Deleting former routine use (7) Department of Justice, which is
duplicative of current routine use (5) Litigation; and
6. Updating the existing records retention and disposal schedule
with a new records schedule, NARA General Records Schedule 6.5, Item
020 (DAA-0173-2019-0002).
The system of records is also updated to reflect various
administrative changes related to the system managers and system
addresses; policy and practices for storage and retrieval of the
information; administrative, technical, and physical safeguards; and
updated notification, records access, and contesting records
procedures.
SYSTEM NAME AND NUMBER:
FCC/CGB-1, Informal Complaints, Inquiries, and Requests for Dispute
Assistance.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Consumer and Governmental Affairs Bureau, Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554.
SYSTEM MANAGER(s):
Consumer and Governmental Affairs Bureau, Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 1, 4, 206, 208, 225, 226, 227, 228, 255, 258, 301, 303,
309(e), 312, 362, 364, 386, 507, 710, 713, 716, 717, and 718 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 206, 208,
225, 226, 227, 228, 255, 258, 301, 303, 309(e), 312, 362, 364, 386,
507, 610, 613, 617, 618, and 619; Sections 504 and 508 of the
Rehabilitation Act, 29 U.S.C. 794 and 794d; and 47 CFR 0.111, 0.141,
1.711 et seq., 14.30 et seq., 20.19, 64.604, 68.414 et seq., and 79.1
et seq.
PURPOSE(S) OF THE SYSTEM:
This system will collect informal consumer complaints, inquiries,
and requests for dispute assistance and related supporting materials
received from individuals, groups, and other entities; company replies
to informal consumer complaints, requests, inquiries, and Commission
letters regarding such complaints, requests, and inquiries; and other
submissions made by individuals, groups, or other entities. Collecting
and maintaining these types of information allow staff access to
documents necessary for key activities discussed in this SORN,
including processing informal complaints, inquiries, and requests for
dispute assistance; analyzing effectiveness and efficiency of related
FCC programs and informing future rule- and policy-making activity; and
improving staff efficiency. Records in this system are available for
public inspection, e.g., in response to requests under the Freedom of
Information Act (FOIA), after redaction of information that could
identify the complainant or correspondent, including the complainant's
name, address, telephone number, fax number, and/or email address.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals, and individual representatives of groups or other
entities who make or have made, or are responding to, informal consumer
complaints, inquiries, or requests for dispute assistance, as well as
Commission letters regarding such complaints, requests, and inquiries
on matters arising under the Communications Act of 1934, as amended,
and the Rehabilitation Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Computerized information contained in a database of inquiries,
requests for dispute assistance, informal consumer complaints, and
related supporting information, including personal contact information
or other identifying information provided by individuals, groups, or
other entities; company replies, including contact information, to
informal consumer complaints, requests, inquiries, and Commission
letters regarding such complaints, requests, and inquiries; and
submissions that individuals, groups, or other entities make,
including, but not limited to, submissions made by letter, fax,
telephone, email, and via the FCC web portal for consumer complaints.
RECORD SOURCE CATEGORIES:
Information in this system is provided by individuals, groups, and
other entities who make or have made, or are responding to, informal
consumer complaints, inquiries, or requests for dispute assistance, as
well as Commission letters regarding such complaints, requests, and
inquiries on matters arising under the Communications Act of 1934, as
amended, and the Rehabilitation Act.
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 of the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. Informal Consumer Complaints--When a record in this system
involves an informal consumer complaint filed
[[Page 60461]]
against a service provider (e.g., broadband, telecommunications,
broadcast, multi-channel video program, Voice over internet-Protocol
(VoIP), etc.), the complaint may be forwarded to the subject company
for a response, pursuant to Sections 4(i), 208, and 303(r) of the
Communications Act of 1934, as amended.
2. Informal Complaints, Inquiries, and Requests for Dispute
Assistance about Accessibility for Individuals with Disabilities--When
a record in this system involves an informal complaint, inquiry, or
request for dispute assistance involving or filed against a company
about accessibility for individuals with disabilities, the inquiry,
request, or informal complaint may be forwarded to the subject company
for a response, pursuant to Section 4(i), 208, and 303(r) of the
Communications Act of 1934, as amended.
3. Public Disclosure--When an order or other published Bureau- or
Commission-level action (including Notices of Proposed Rulemaking,
Reports and Orders, Notices of Apparent Liability, Forfeiture Orders,
Consent Agreements, Notice Letters, or all other actions released by a
Bureau or the Commission) includes consideration of informal complaints
(including informal complaints related to accessibility for individuals
with disabilities) filed against a company, the complainant's name may
be made public in that order or Commission action. 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.
4. 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.
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 DOJ 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. Congressional Inquiries--To provide information to a
Congressional office from the record of an individual in response to an
inquiry from the Congressional office made at the written request of
that individual.
8. Government-wide Program Management and Oversight--To provide
information to the DOJ to obtain the 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.
9. Breach Notification--To appropriate agencies, entities, and
persons when: (a) the Commission suspects or has confirmed that there
has been a breach of Personally Identifiable Information (PII)
maintained in 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.
10. 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.
11. Non-Federal Personnel--To disclose information to non-Federal
personnel, including contractors, FCC program administrators (including
USAC), other vendors (e.g., identity verification services), 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 to perform their activity.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
This is a cloud-based computing system that utilizes the provider-
supported application on the provider's cloud network (Software as a
Service or SaaS).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system of records can be retrieved by any category
field, e.g., first or last 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 NARA General Records Schedule 6.5, Item 020 (DAA-
0173-2019-0002).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, files, and data are stored within FCC or a
vendor's accreditation boundaries and maintained in a database housed
in the FCC'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 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), OMB,
and the National Institute of Standards and Technology (NIST).
[[Page 60462]]
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 or amendment of records
must also comply with the FCC's Privacy Act regulations regarding
verification of identity as required under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
79 FR 48152 (August 15, 2014).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-18948 Filed 8-31-23; 8:45 am]
BILLING CODE 6712-01-P
