Privacy Act System of Records, 87774-87776 [2023-27898]
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87774
Federal Register / Vol. 88, No. 242 / Tuesday, December 19, 2023 / Notices
Frequency of Response: On renewal
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority which covers this information
collection is contained in section 154(i)
and 303 of the Communications Act of
1934, as amended.
Total Annual Burden: 4,436 hours.
Total Annual Cost: $666,000.
Needs and Uses: The Commission
adopted on September 18, 2023, the
Report and Order (R&O), Amendment of
part 73 of the Commission’s Rules to
Update Television and Class A
Television Broadcast Station Rules, and
Rules Applicable to All Broadcast
Stations, MB Docket No. 22–227, FCC
23–72. The R&O adopted a number of
revisions to the Commission’s rules to
reorganize and clarify the Commission’s
technical licensing, operating, and
interference rules for full power and
Class A television, including a revision
to 47 CFR 73.2080. No other changes to
OMB Control Number 3060–0113,
approved August 2021, been made, with
the exception of an added description
regarding the revision to § 73.2080. That
description is for illustrative purposes
only, and also does not create any new
or modified paperwork obligations.
OMB Control Number: 3060–0009.
Title: FCC Form 2100, Schedule 316—
Application for Consent to Assign
Broadcast Station Construction Permit
or License or Transfer Control of Entity
Holding Broadcast Station Construction
Permit or License.
Form Number: FCC Form 2100,
Schedule 316.
Type of Review: Revision a currently
approved collection.
Respondents: Business or other forprofit entities; Not-for-profit
institutions; State, local or tribal
government.
Number of Respondents and
Responses: 750 respondents and 750
responses.
Estimated Time per Response: 1.5–4.5
hours.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Required to
obtain benefits. Statutory authority for
this collection of information is
contained in sections 154(i) and 310(d)
of the Communications Act of 1934, as
amended.
Total Annual Burden: 1,231 hours.
Total Annual Cost: $711,150.
Needs and Uses: The Commission
adopted on September 18, 2023, the
Report and Order (R&O), Amendment of
part 73 of the Commission’s Rules to
Update Television and Class A
Television Broadcast Station Rules, and
Rules Applicable to All Broadcast
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Stations, MB Docket No. 22–227, FCC
23–72. The R&O adopted a number of
revisions to the Commission’s rules to
reorganize and clarify the Commission’s
technical licensing, operating, and
interference rules for full power and
Class A television, including revisions
to 47 CFR 73.3540 to update the
reference to FCC Form 2100, Schedule
316. For informational purposes, the
Commission also will update reference
in 47 CFR 73.3540 to FCC Form 2100,
Schedules 314 and 315 covered under
OMB 3060–0031 and FCC Form 2100,
Schedule 345 covered under 3060–0075.
The Commission will not revise these
collections because only the reference to
the forms will be updated. We are
noting this in this collection. The
revision to this information collection is
made for informational purposes only,
and does not create new or modify
existing burdens. Other information
collection requirements that are covered
under this collection have not changed
since last approved by the Office of
Management and Budget (OMB).
OMB Control Number: 3060–0991.
Title: AM Measurement Data.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 1,800 respondents; 3,135
responses.
Estimated Hours per Response: 0.50–
25 hours.
Frequency of Response:
Recordkeeping requirement, Third party
disclosure requirement, On occasion
reporting requirement.
Total Annual Burden: 20,200 hours.
Total Annual Cost: $1,131,500.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in sections
151, 152, 154(i), 303, and 307 of the
Communications Act of 1934, as
amended.
Needs and Uses: In order to control
interference between stations and assure
adequate community coverage, AM
stations must conduct various
engineering measurements to
demonstrate that the antenna system
operates as authorized. The data is used
by station engineers to correct the
operating parameters of the antenna.
The data is also used by FCC staff in
field investigations to ensure that
stations are in compliance with the
technical requirements of the
Commission’s various rules.
OMB Control Number: 3060–1171.
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Title: Commercial Advertisement
Loudness Mitigation (‘‘CALM’’) Act;
73.682(e) and 76.607(a).
Form Number: Not applicable.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 2,937 respondents and 4,868
responses.
Frequency of Response:
Recordkeeping requirement; Third party
disclosure requirement; On occasion
reporting requirement.
Estimated Time per Response: 0.25–
80 hours.
Total Annual Burden: 6,036 hours.
Total Annual Cost: No cost.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in 47 U.S.C.
151, 152, 154(i) and (j), 303(r) and 621.
Needs and Uses: The Commission
will use this information to determine
compliance with the CALM Act. The
CALM Act mandates that the
Commission make the Advanced
Television
Systems Committee (‘‘ATSC’’) A/85
Recommended Practice mandatory for
all commercial TV stations and cable/
multichannel video programming
distributors (MVPDs).
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023–27810 Filed 12–18–23; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID: 191808]
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/OS–1, Electronic
Comment Filing System (ECFS), 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 this system to handle
and process public comments related to
FCC rulemakings and other proceedings.
This modification makes various
SUMMARY:
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Federal Register / Vol. 88, No. 242 / Tuesday, December 19, 2023 / Notices
necessary changes to the Categories of
Records and identifies a new FCC point
of contact.
DATES: This modified system of records
will become effective on December 19,
2023. Written comments on the routine
uses are due by January 18, 2024. The
routine uses in this action will become
effective on January 18, 2024 unless
comments are received that require a
contrary determination.
ADDRESSES: Send comments to Brendan
McTaggart, Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554 or privacy@
fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Brendan McTaggart, (202) 418–1738, or
privacy@fcc.gov (and to obtain a copy of
the Narrative Statement and the
Supplementary Document, which
include 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/
OS–1 by publication in the Federal
Register on October 5, 2023 (88 FR
69180).
The substantive changes and
modifications to the previously
published version of the FCC/OS–1
system of records include:
1. Modifying the language in the
Categories of Records to be more
specific about the types of personally
identifiable information maintained in
the system.
2. Updating the name of the FCC
point of contact.
RECORD SOURCE CATEGORIES:
The ECFS collects comments and
related data or metadata received by the
FCC, whether electronically through the
ECFS via an internet web-browser, by
mail, by hand delivery of paper copy, or
by other methods, as well as other files
and records submitted in response to
Commission rulemakings and docketed
proceedings, and by the FCC’s
administrative law staff as the
repository for official records for
administrative proceedings. In order to
comply with the requirements of
various statutes and regulations, the
FCC offers multiple avenues through
which the public can be involved in the
FCC decision-making process and can
inform the FCC of concerns regarding
compliance with FCC rules and
requirements. Collecting and
maintaining these types of information
allows the FCC to be fully informed in
decision-making, implementation, and
enforcement endeavors. The ECFS also
allows staff access to documents and
data necessary for key activities
discussed in this SORN including
analyzing effectiveness and efficiency of
related FCC programs and informing
future rule and policy-making activity,
and improve staff efficiency. Records in
this system are available for public
inspection.
Information in this system is provided
by individuals, groups, companies, and
other entities who make or provide
comments or other files and records in
FCC rulemakings and docketed
proceedings, as well as FCC staff.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals and representatives of
groups, companies, and other entities
who have filed comments as well as
other files and records in FCC
rulemakings and docketed proceedings
or other matters arising under the
Communications Act of 1934, as
amended, the Rehabilitation Act, or
related statutes.
CATEGORIES OF RECORDS IN THE SYSTEM:
FCC/OS–1, Electronic Comment
Filing System (ECFS).
Comments received by the FCC,
whether electronically through the
Electronic Comment Filing System
(ECFS) via an internet web-browser, by
mail, by hand delivery of paper copy, or
other methods which include personally
identifiable information provided by the
filer such as name, home or business
address, phone number, and/or email
address. ECFS also collects certain
network information from a filer and/or
user submitting information to the FCC,
such as IP address, geolocation, and
computer operating system. The system
also contains other files and records
submitted in response to Commission
rulemakings and docketed proceedings,
and by the FCC’s administrative law
staff as the repository for official records
arising out of the conduct of
administrative proceedings.
Unclassified.
SYSTEM LOCATION:
Office of the Secretary, Federal
Communications Commission, 45 L
Street NE, Washington, DC 20554 and
1270 Fairfield Road, Gettysburg, PA
17325.
SYSTEM MANAGER:
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PURPOSES OF THE SYSTEM:
SYSTEM NAME AND NUMBER:
SECURITY CLASSIFICATION:
Office of the Secretary, Federal
Communications Commission (FCC), 45
L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. Chapter 36; 47 U.S.C. 151
and 154; and Sections 504 and 508 of
the Rehabilitation Act, 29 U.S.C. 794.
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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—Under the rules of
the Commission, public comments as
well as other files and records submitted
in rulemakings and other docketed
proceedings are routinely available to
the public—unless confidentiality is
requested (47 CFR 0.459)—via the ECFS
and may also be disclosed to the public
in Commission releases.
2. FCC Enforcement Actions—When a
record in this system involves an
informal complaint filed alleging a
violation of FCC rules, regulations,
orders, or requirements 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.
3. 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.
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Federal Register / Vol. 88, No. 242 / Tuesday, December 19, 2023 / Notices
4. 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.
5. Law Enforcement and
Investigation—To disclose pertinent
information to 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, where the FCC becomes aware
of an indication of a violation or
potential violation of civil or criminal
law or regulation.
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 DOJ to
obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act (FOIA);
or to the Office of Management and
Budget (OMB) to obtain that office’s
advice regarding obligations under the
Privacy Act.
8. Breach Notification—To
appropriate agencies, entities, and
persons when: (a) the Commission
suspects or has confirmed that there has
been a breach of PII maintained in the
system of records; (b) the Commission
has determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, the
Commission (including its information
system, programs, and operations), the
Federal Government, or national
security; and; and (c) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Commission’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
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)
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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.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
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 privacy@fcc.gov.
Individuals requesting access must also
comply with the FCC’s Privacy Act
regulations regarding verification of
identity to gain access to records as
required under 47 CFR part 0, subpart
E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
Records in this system of records can
be retrieved by any category field, e.g.,
individual name, entity name,
rulemaking number, and/or docket
number.
HISTORY:
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
[FR Doc. 2023–27898 Filed 12–18–23; 8:45 am]
The information in this system is
maintained and disposed of in
accordance with the National Archives
and Records Administration (NARA)
General Records Schedule 6.6:
Rulemaking Records (DAA–GRS–2017–
0012).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
The electronic records, files, and data
are stored in a database housed in the
FCC computer network. While
comments and other files and records
are generally publicly available, access
to certain information associated with
filings 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 privacy
safeguards, a comprehensive and
dynamic set of IT safety and security
protocols and features that are designed
to meet all Federal privacy standards,
including those required by the Federal
Information Security Modernization Act
of 2014 (FISMA), the Office of
Management and Budget (OMB), and
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88 FR 69180 (October 5, 2023).
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0715; OMB 3060–1139; FR ID
190754]
Information Collections Being
Submitted for Review and Approval to
Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, 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.
Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC
seeks specific comment on how it might
‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’ The Commission may not
SUMMARY:
E:\FR\FM\19DEN1.SGM
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Agencies
[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Notices]
[Pages 87774-87776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27898]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 191808]
Privacy Act System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC, Commission, or
Agency) proposes to modify an existing system of records, FCC/OS-1,
Electronic Comment Filing System (ECFS), 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 this system to handle and process public comments
related to FCC rulemakings and other proceedings. This modification
makes various
[[Page 87775]]
necessary changes to the Categories of Records and identifies a new FCC
point of contact.
DATES: This modified system of records will become effective on
December 19, 2023. Written comments on the routine uses are due by
January 18, 2024. The routine uses in this action will become effective
on January 18, 2024 unless comments are received that require a
contrary determination.
ADDRESSES: Send comments to Brendan McTaggart, Federal Communications
Commission, 45 L Street NE, Washington, DC 20554 or [email protected].
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
[email protected] (and to obtain a copy of the Narrative Statement and
the Supplementary Document, which include 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/OS-1 by publication in the Federal Register on October 5,
2023 (88 FR 69180).
The substantive changes and modifications to the previously
published version of the FCC/OS-1 system of records include:
1. Modifying the language in the Categories of Records to be more
specific about the types of personally identifiable information
maintained in the system.
2. Updating the name of the FCC point of contact.
SYSTEM NAME AND NUMBER:
FCC/OS-1, Electronic Comment Filing System (ECFS).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of the Secretary, Federal Communications Commission, 45 L
Street NE, Washington, DC 20554 and 1270 Fairfield Road, Gettysburg, PA
17325.
SYSTEM MANAGER:
Office of the Secretary, Federal Communications Commission (FCC),
45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. Chapter 36; 47 U.S.C. 151 and 154; and Sections 504 and
508 of the Rehabilitation Act, 29 U.S.C. 794.
PURPOSES OF THE SYSTEM:
The ECFS collects comments and related data or metadata received by
the FCC, whether electronically through the ECFS via an internet web-
browser, by mail, by hand delivery of paper copy, or by other methods,
as well as other files and records submitted in response to Commission
rulemakings and docketed proceedings, and by the FCC's administrative
law staff as the repository for official records for administrative
proceedings. In order to comply with the requirements of various
statutes and regulations, the FCC offers multiple avenues through which
the public can be involved in the FCC decision-making process and can
inform the FCC of concerns regarding compliance with FCC rules and
requirements. Collecting and maintaining these types of information
allows the FCC to be fully informed in decision-making, implementation,
and enforcement endeavors. The ECFS also allows staff access to
documents and data necessary for key activities discussed in this SORN
including analyzing effectiveness and efficiency of related FCC
programs and informing future rule and policy-making activity, and
improve staff efficiency. Records in this system are available for
public inspection.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals and representatives of groups, companies, and other
entities who have filed comments as well as other files and records in
FCC rulemakings and docketed proceedings or other matters arising under
the Communications Act of 1934, as amended, the Rehabilitation Act, or
related statutes.
CATEGORIES OF RECORDS IN THE SYSTEM:
Comments received by the FCC, whether electronically through the
Electronic Comment Filing System (ECFS) via an internet web-browser, by
mail, by hand delivery of paper copy, or other methods which include
personally identifiable information provided by the filer such as name,
home or business address, phone number, and/or email address. ECFS also
collects certain network information from a filer and/or user
submitting information to the FCC, such as IP address, geolocation, and
computer operating system. The system also contains other files and
records submitted in response to Commission rulemakings and docketed
proceedings, and by the FCC's administrative law staff as the
repository for official records arising out of the conduct of
administrative proceedings.
RECORD SOURCE CATEGORIES:
Information in this system is provided by individuals, groups,
companies, and other entities who make or provide comments or other
files and records in FCC rulemakings and docketed proceedings, as well
as FCC staff.
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--Under the rules of the Commission, public
comments as well as other files and records submitted in rulemakings
and other docketed proceedings are routinely available to the public--
unless confidentiality is requested (47 CFR 0.459)--via the ECFS and
may also be disclosed to the public in Commission releases.
2. FCC Enforcement Actions--When a record in this system involves
an informal complaint filed alleging a violation of FCC rules,
regulations, orders, or requirements 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.
3. 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.
[[Page 87776]]
4. 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.
5. Law Enforcement and Investigation--To disclose pertinent
information to 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, where the FCC
becomes aware of an indication of a violation or potential violation of
civil or criminal law or regulation.
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 DOJ to
obtain that department's advice regarding disclosure obligations under
the Freedom of Information Act (FOIA); or to the Office of Management
and Budget (OMB) to obtain that office's advice regarding obligations
under the Privacy Act.
8. Breach Notification--To appropriate agencies, entities, and
persons when: (a) the Commission suspects or has confirmed that there
has been a breach of PII maintained in the system of records; (b) the
Commission has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Commission
(including its information system, programs, and operations), the
Federal Government, or national security; and; and (c) the disclosure
made to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Commission's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
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.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system of records can be retrieved by any category
field, e.g., individual name, entity name, rulemaking number, and/or
docket number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information in this system is maintained and disposed of in
accordance with the National Archives and Records Administration (NARA)
General Records Schedule 6.6: Rulemaking Records (DAA-GRS-2017-0012).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, files, and data are stored in a database
housed in the FCC computer network. While comments and other files and
records are generally publicly available, access to certain information
associated with filings 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 privacy safeguards, a comprehensive
and dynamic set of IT safety and security protocols and features that
are designed to meet all Federal privacy standards, including those
required by the Federal Information Security Modernization Act of 2014
(FISMA), the Office of Management and Budget (OMB), and the National
Institute of Standards and Technology (NIST).
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedure
below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedure
below.
NOTIFICATION PROCEDURES:
Individuals wishing to determine whether this system of records
contains information about themselves may do so by writing to
[email protected]. Individuals requesting access must also comply with
the FCC's Privacy Act regulations regarding verification of identity to
gain access to records as required under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
88 FR 69180 (October 5, 2023).
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023-27898 Filed 12-18-23; 8:45 am]
BILLING CODE 6712-01-P