Privacy Act of 1974; System of Records, 72068-72071 [2023-23102]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72068-72071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23102]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 179690]


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

[[Page 72069]]


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/WTB-1, 
Wireless Services Licensing Records, 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 administer the Commission's 
regulatory responsibilities including licensing, enforcement, 
rulemaking, and other actions necessary to perform spectrum management 
duties. 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 four new routine uses, as well as the revision of six 
existing routine uses and the deletion of one existing routine use.

DATES: This modified system of records will become effective on October 
19, 2023. Written comments on the routine uses are due by November 20, 
2023. The routine uses in this action will become effective on November 
20, 2023 unless comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Katherine C. Clark, Attorney-Advisor, 
Office of General Counsel, Federal Communications Commission, 45 L 
Street NE, Washington, DC 20554, or to [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 Supplementary Document, which includes details of the modifications 
to this system of records).

SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
WTB-1, as a result of various necessary changes and updates. The 
substantive changes and modifications to the previously published 
version of the FCC/WTB-1 system of records include:
    1. Updating the language in the Security Classification to follow 
OMB guidance;
    2. Updating the language in the Purposes section for clarity and 
for consistency with the language and phrasing currently used in the 
FCC's SORNs and to include collecting and maintaining information to 
allow staff access to documents necessary for key activities discussed 
in this SORN, including analyzing effectiveness and efficiency of FCC 
programs, informing future rule-making and policy-making activity, and 
improving staff efficiency;
    3. Modifying the language in the Categories of Individuals and 
Categories of Records for clarity and for consistency with the language 
and phrasing currently used in the FCC's SORNs;
    4. Updating and/or revising language in six routine uses (listed by 
current routine use number): (1) Public Access; (2) Litigation and (3) 
Adjudication (now two separate routine uses); (5) Law Enforcement and 
Investigation; (6) Congressional Inquiries; and (7) Government-wide 
Program Management and Oversight;
    5. Adding four new routine uses (listed by current routine use 
number): (4) FCC Enforcement Actions; (8) Breach Notification, the 
addition of which is as required by OMB Memorandum No. M-17-12; (9) 
Assistance to Federal Agencies and Entities Related to Breaches, the 
addition of which is required by OMB Memorandum No. M-17-12; and (10) 
Non-Federal Personnel;
    6. Deleting one prior routine use (listed by former routine use 
number) (2) Financial Obligations Under the Debt Collection Acts, which 
does not reflect how the FCC has used or disclosed records from this 
system;
    7. Updating the SORN to include the records schedule ``Universal 
Licensing System'' Records Schedule, Number N1-173-08-001.
    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/WTB-1, Wireless Services Licensing Records.

SECURITY CLASSIFICATION:
    No information in the system is classified.

SYSTEM LOCATION:
    Wireless Telecommunications Bureau (WTB), Federal Communications 
Commission (FCC), 45 L Street NE, Washington, DC 20554.

SYSTEM MANAGER:
    Chief, Wireless Telecommunications Bureau (WTB), Federal 
Communications Commission (FCC), 45 L Street NE, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    31 U.S.C. 7701; and 47 U.S.C. 301, 303, 309, 312, 362, 364, 386, 
507, and 510.
PURPOSES OF THE SYSTEM:
    The FCC uses the information in this system for purposes that 
include, but are not limited to:
    1. To provide public access to pending requests for authorizations 
and information regarding current licenses and leases;
    2. To provide public access to license data, which promotes the 
economically efficient allocation of spectrum and the resolution of 
radio interference problems;
    3. To determine the availability of spectrum for licensing;
    4. To determine when compliance filings, renewal applications, and 
fees are due from licensees;
    5. To resolve disputes between radio operators regarding who has 
certain rights to use particular frequency bands in particular 
geographic areas;
    6. To resolve cross border disputes, on occasion--e.g., dispute(s) 
with entities operating in Canada and Mexico;
    7. To allow licensees to transfer, assign, or lease their interests 
in particular licenses or portions of licenses as the rules permit 
(after agency approval);
    8. To evaluate the completeness and sufficiency of requests for new 
or modified authorizations;
    9. To provide reports to a variety of Federal officials on the 
current uses and utilization of the spectrum the FCC is charged with 
regulating;
    10. To collect and maintain information to allow staff access to 
documents necessary for key activities discussed in this SORN, 
including analyzing effectiveness and efficiency of related FCC 
programs and informing future rule-making and policy-making activity; 
and improving staff efficiency.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals whose records are maintained in this 
system include, but are not limited to: licensees, lessees, applicants 
(including persons or entities with attributable interests therein), 
and entities or individuals who participate in relevant FCC 
proceedings; tower owners; and contact persons relating to radio 
systems licensed or processed by the WTB under parts 13, 22, 24, 27, 
74, 80, 87, 90, 95, 97, and 101 of the Commission's Rules (Wireless 
Services).

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system include, but are not 
limited to:

[[Page 72070]]

    1. Applications, requests for authorization, and related pleadings, 
all of which may include contact information and other personally 
identifiable information (PII);
    2. Forms 175, 601, 602, 603, 605, and 608 and related pleadings, 
all of which may include contact information and other (PII);
    3. Authorizations, licenses, leases, and related pleadings, all of 
which may include contact information and other (PII);
    4. Correspondence relating to applications, requests for 
authorization, FCC forms, authorizations, licenses, leases, and all 
related pleadings.

RECORD SOURCE CATEGORIES:
    Sources of records include individuals conducting business with or 
participating in relevant proceedings of the FCC.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside the 
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows.
    1. Public Access--Records related to applications, requests for 
authorizations, authorizations, licenses, leases, and related pleadings 
and correspondence will be routinely made publicly available, with the 
exception of material which is afforded confidential treatment pursuant 
to a request made under 47 CFR 0.459.
    2. Litigation--To disclose records to the Department of Justice 
(DOJ) when: (a) the FCC or any component thereof; (b) any employee of 
the FCC in his or her official capacity; (c) any employee of the FCC in 
his or her individual capacity where the DOJ or the FCC has agreed to 
represent the employee; or (d) the United States Government is a party 
to litigation or has an interest in such litigation, and by careful 
review, the FCC determines that the records are both relevant and 
necessary to the litigation, and the use of such records by the 
Department of Justice is for a purpose that is compatible with the 
purpose for which the FCC collected the records.
    3. 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.
    4. FCC Enforcement Actions--When a record in this system involves 
an informal complaint filed alleging a violation of the Communications 
Act or FCC regulations or orders (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.
    5. Law Enforcement and Investigation--When the FCC investigates any 
violation or potential violation of a civil or criminal law, 
regulation, policy, executed consent decree, order, or any other type 
of compulsory obligation, to disclose pertinent information as it deems 
necessary with the target of an investigation, as well as with 
appropriate Federal, State, local, Tribal, international, or 
multinational agencies, or a component of such an agency, responsible 
for investigating, prosecuting, enforcing, or implementing a statute, 
rule, regulation, or order.
    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 written request of 
that individual.
    7. Government-wide Program Management and Oversight--To provide 
information to the Department of Justice (DOJ) to obtain that 
department's advice regarding disclosure obligations under FOIA; or to 
OMB to obtain that office's advice regarding obligations under the 
Privacy Act.
    8. Breach Notification--To appropriate agencies, entities, and 
persons when: (a) the Commission suspects or has confirmed that there 
has been a breach of the system of records; (b) the Commission has 
determined that as a result of the suspected or confirmed 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.
    9. 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.
    10. Non-Federal Personnel--To disclose information to non-Federal 
personnel, including contractors, 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 in order to perform 
their activity.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    This an electronic system of records that resides on the FCC's 
network. Paper records that are not filed electronically are keyed into 
the system by FCC staff; such paper records are retained for one year 
and then destroyed.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information in the electronic database can be retrieved by 
searching electronically using a variety of parameters including name, 
a licensee's unique identifier, call sign, file number, etc.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The information in this electronic system is maintained and 
disposed of in accordance with the ``Universal Licensing System'' 
Records Schedule, Number N1-173-08-001.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic records, files, and data are stored within FCC or a 
vendor's

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accreditation boundaries and maintained in a database housed in the 
FCC's or vendor's computer network databases. Access to the electronic 
and paper files is restricted to authorized employees and contractors; 
and in the case of electronic files 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).

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 record access or amendment 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:
    71 FR 17269 (April 5, 2006)

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-23102 Filed 10-18-23; 8:45 am]
BILLING CODE 6712-01-P