Privacy Act of 1974; System of Records, 28780-28783 [2024-08375]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28780-28783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08375]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 214885]


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission (FCC or Commission or 
Agency) is modifying a system of records, FCC/WCB-3, Affordable 
Connectivity Program, 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 Affordable Connectivity 
Program (``ACP''), the successor to the Commission's Emergency 
Broadband Benefit Program, provides discounts for broadband internet 
access service (``BIAS'') to qualifying households. A household may 
qualify for the ACP if an individual in the household has applied for 
and has been approved to receive benefits under the free and reduced 
price lunch program, receives assistance through the special 
supplemental nutritional program for women, infants, and children 
(``WIC''), receives a Pell Grant, qualifies for the Lifeline program, 
meets certain income requirements, or qualifies for a low-income 
program offered by internet service providers. The ACP is administered 
by the Universal Service Administrative Company (USAC) under the 
direction of the Commission and, by delegation, of the Commission's 
Wireline Competition Bureau (WCB). This system of records contains 
information about individual ACP applicants and participants, 
providers' claims and certifying officers, and providers' enrollment 
representatives.

DATES: This modified system of records will become effective on April 
19, 2024. Written comments on the routine uses are due by May 20, 2024. 
The routine uses in this action will become effective on May 20, 2024 
unless comments are received that require a contrary determination.

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

FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or 
[email protected].

[[Page 28781]]


SUPPLEMENTARY INFORMATION: This notice modifies the FCC/WCB-3 system of 
records as a result of necessary changes and updates. The substantive 
changes and modifications to the previously published version of the 
FCC/WCB-3 system of records include:
    1. Updating the Categories of Records to include identifying 
numbers assigned by USAC to applicants and subscribers such as 
``Application ID,'' ``Eligibility Check ID'' or ``eligibility ID'' 
numbers and to accommodate FCC implementation of the Safe Connections 
Act, which, among other things, designates the Lifeline program to 
provide emergency communications support to survivors of domestic 
violence;
    2. Adding one new routine use (listed by the routine use number 
provided in this notice): (2) Application, Enrollment, and 
Recertification, which permits disclosure of records to the individual 
to whom those records pertain in order to facilitate the application, 
enrollment, or recertification processes;
    3. Updating and/or revising language in the following routine uses 
(listed by the routine use number provided in this notice): (4) 
Federal, State, and Local Agencies, Tribal Nations and Agencies, and 
Other Authorized Government Entities; (5) Social Service Agencies, 
Housing Agencies, and Other Approved Third Parties; (12) Law 
Enforcement and Investigation; and (18) Non-Federal Personnel (formerly 
named ``Contract Services, Grants, or Cooperative Agreements'');
    4. Updating the SORN to include the National Archives and Records 
Administration (NARA) Records Schedule DAA-0173-2021-0022, Emergency 
Broadband Benefit Program (EBB Program)/Affordable Connectivity Program 
(ACP).

SYSTEM NAME AND NUMBER:
    FCC/WCB-3, Affordable Connectivity Program.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Universal Service Administrative Company (USAC), 700 12th Street 
NW, Suite 900, Washington, DC 20005; and Wireline Competition Bureau 
(WCB), Federal Communications Commission (FCC), 45 L Street NE, 
Washington, DC 20554.

SYSTEM MANAGER(S):
    USAC administers the ACP for the FCC. Address inquiries to the 
Universal Service Administrative Company (USAC), 700 12th Street NW, 
Suite 900, Washington, DC 20005; or Wireline Competition Bureau (WCB), 
45 L Street NE, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 151-154, 201-205, 214, 403; Consolidated Appropriations 
Act, 2021, Public Law 116-260 sec. 904; Infrastructure Investment and 
Jobs Act, Public Law 117-58 secs. 60501 et seq.; 47 CFR 54.400, 54.401, 
54.404, 54.407, 54.409, 54.410, 54.417, 54.419, 54.420, 54.1800-
54.1814.

PURPOSE(S) OF THE SYSTEM:
    This system of records is maintained for use in determining whether 
a member of a household meets the eligibility criteria to qualify for 
and/or recertify for a discount on the cost of internet service and a 
subsidy for low-cost devices such as computers and tablets; ensuring 
benefits are not duplicated; dispute resolution regarding eligibility 
for the ACP; customer surveys and program notifications; audit; 
verification of a provider's representative identity; and statistical 
studies.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals in this system include, but are not 
limited to, those individuals who have applied for the ACP; are 
individuals currently receiving ACP benefits; are individuals who 
enable another individual to qualify for benefits, including veterans 
or their beneficiaries; are minors whose status qualifies a household 
for benefits; are individuals who have received benefits under the 
Lifeline Program, including survivors, as that term is defined in the 
Safe Connections Act (SCA) and FCC regulations or orders, receiving 
emergency communications support; or are individuals acting on behalf 
of a participating provider as enrollment representatives who have 
enrolled or verified the eligibility of a household in the ACP.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the system include an applicant's 
first and last name; email address; residential address; information on 
whether the individual resides on Tribal lands or certain high-cost 
areas; information on whether the address is temporary and/or 
descriptive and whether it includes coordinates; mailing address (if 
different); address based on geographic coordinates (geocoding); 
internet Protocol (IP) address; date of birth; last four digits of 
social security number, full Tribal identification number, or 
identification number assigned by the Veterans Administration; 
telephone number; full name of the qualifying person (if different from 
the individual applicant); qualifying person's date of birth; 
qualifying person's email address; qualifying person's residential 
address; qualifying person's mailing address; the last four digits of 
the qualifying person's social security number, their full Tribal 
identification number, or identification number assigned by the 
Veterans Administration; information on whether the qualifying person 
resides on Tribal lands or certain high cost areas; full name of the 
veteran (if different from the individual applicant and qualifying 
person); veteran's date of birth (if different from the individual 
applicant and qualifying person); the veteran's identification number 
assigned by the Veterans Administration; veteran's email address; the 
veteran's residential address (if different from the individual 
applicant and qualifying person); the veteran's mailing address; means 
of qualification for the ACP (i.e., participation in Lifeline 
(including survivors of domestic violence receiving emergency 
communications support, whose eligibility records include documentation 
related to the submission of a legitimate line separation request to a 
telecommunications provider and documentation of financial hardship), 
receipt of a Pell Grant, qualification for Federal nutrition programs, 
etc.); documents demonstrating eligibility; ACP subscriber 
identification number; ACP application number; identifying numbers 
assigned by USAC, such as Application ID, Eligibility Check ID, or 
eligibility ID numbers; security question; answer to security question; 
user name; password; agent identification information (if an agent is 
assisting in completing the application); individual applicant's 
eligibility certifications; individual applicant's signature and date 
of application; ACP service initiation date and termination date; 
amount of discount received; and amount of device benefit received.
    For participating provider enrollment representatives who register 
to access the National Verifier or National Lifeline Accountability 
Database the following information may be collected: first and last 
name, date of birth, the last four digits of his or her social security 
number, email address, and address, or other identity proof 
documentation.

RECORD SOURCE CATEGORIES:
    Participating providers and their registered enrollment 
representatives; individuals applying on behalf of a household; 
schools; Lifeline databases; and State, Federal, Local and Tribal

[[Page 28782]]

Government databases; and third-party identity verifiers.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside the 
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. Program Management--To USAC employees to conduct official duties 
associated with the management, operation, and oversight of the ACP, 
the National Lifeline Accountability Database (NLAD), the National 
Verifier, and the Representative Accountability Database (RAD), as 
directed by the Commission.
    2. Application, Enrollment, and Recertification--To facilitate the 
ACP application, enrollment, or recertification processes, records from 
this system may be disclosed to the individual who originally submitted 
the records, to the individual to whom the records pertain, or to an 
authorized representative, entity or organization supporting the 
individual in the application, enrollment, or recertification process.
    3. Third Party Contractors--To an employee of a third-party 
contractor engaged by USAC or a participating provider, or to a 
subcontractor engaged by a third-party contractor engaged by USAC, to, 
among other things, develop the ACP Eligibility Database, perform and 
review eligibility evaluations where the National Verifier conducts 
such processes for purposes of performing manual eligibility 
verification (when needed), conduct the eligibility verification or 
recertification process, run call center and email support operations, 
assist in dispute resolution, and develop, test, and operate the 
database system and network.
    4. Federal, State, and Local Agencies, Tribal Nations and Agencies, 
and Other Authorized Government Entities--For purposes of (a) 
eligibility verification and recertification, including through a 
computer matching program, (b) providing enrollment and other selected 
reports, or (c) comparing information contained in NLAD and ACP 
eligibility, to designated Tribal Nations; designated Federal, State, 
Local, and Tribal agencies, including public utility commissions and 
departments of health and human services; and other authorized 
governmental entities that share data with USAC or the FCC.
    5. Social Service Agencies, Housing Agencies, and Other Approved 
Third Parties--To social service or housing agencies and other third 
parties (including nonprofit organizations) that have been approved by 
the FCC or USAC for purposes of assisting individuals in applying for 
and recertifying for the ACP.
    6. Tribal Nations--To Tribal Nations for purposes of assisting 
individuals in applying for and recertifying for the ACP.
    7. Service Providers--To broadband providers, and their registered 
representatives, in order to confirm an individual's eligibility, 
complete benefit transfer requests, facilitate the provision of 
service, complete de-enrollments, allow for the provider to receive 
reimbursement through the ACP, to provide information to the relevant 
provider about a registered enrollment representative whose account has 
been disabled for cause, and provide enrollment and other selected 
reports.
    8. Other Federal Program Eligibility--To disclose an individual's 
ACP participation status to a Federal agency or contractor, including 
through a computer matching program, when a Federal program 
administered by the agency or its contractor uses qualification for the 
ACP as an eligibility criterion.
    9. FCC Enforcement Actions--When a record in this system involves 
an informal complaint filed alleging a violation of the Communications 
Act of 1934, as amended, 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.
    10. 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.
    11. Government-Wide Program Management and Oversight--To the 
Department of Justice (DOJ) to obtain that department's advice 
regarding disclosure obligations under the Freedom of Information Act 
(FOIA); or the Office of Management and Budget (OMB) to obtain that 
office's advice regarding obligations under the Privacy Act.
    12. 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 and determines that a record in this system, 
either alone or in conjunction with other information, indicates a 
violation or potential violation of law, regulation, policy, consent 
decree, order, or other compulsory obligation, the FCC may disclose 
pertinent information as it deems necessary to the target of an 
investigation, as well as with the appropriate Federal (including the 
Internal Revenue Service to investigate income eligibility 
verification), 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, order, or other compulsory obligation.
    13. Litigation--To disclose the records to the Department of 
Justice (DOJ) when: (a) the FCC or any component thereof; (b) any 
employee of the FCC in his or her official capacity; (c) any employee 
of the FCC in his or her individual capacity where the DOJ or the FCC 
has agreed to represent the employee; or (d) the United States 
Government is a party to litigation or has an interest in such 
litigation, and by careful review, the FCC determines that the records 
are both relevant and necessary to the litigation, and the use of such 
records by the Department of Justice is for a purpose that is 
compatible with the purpose for which the FCC collected the records.
    14. Adjudication--To disclose the records in a proceeding before a 
court or adjudicative body, when: (a) the FCC or any component thereof; 
or (b) any employee of the FCC in his or her official capacity; or (c) 
any employee of the FCC in his or her individual 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.
    15. Breach Notification--To appropriate agencies, entities 
(including USAC), and persons when: (a) the Commission suspects or has 
confirmed that there has been a breach of the

[[Page 28783]]

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.
    16. Assistance to Federal Agencies and Entities Related to 
Breaches--To another Federal agency or Federal entity or USAC, 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.
    17. Prevention of Fraud, Waste, and Abuse Disclosure--To Federal 
agencies, non-Federal entities, their employees, and agents (including 
contractors, their agents or employees; employees or contractors of the 
agents or designated agents); or contractors, their employees or agents 
with whom the FCC or USAC has a contract, service agreement, 
cooperative agreement, or computer matching agreement for the purpose 
of: (1) detection, prevention, and recovery of improper payments; (2) 
detection and prevention of fraud, waste, and abuse in Federal programs 
administered by a Federal agency or non-Federal entity; (3) detection 
of fraud, waste, and abuse by individuals in their operations and 
programs, but only to the extent that the information shared is 
necessary and relevant to verify pre-award and prepayment requirements 
prior to the release of Federal funds, prevent and recover improper 
payments for services rendered under programs of the FCC or of those 
Federal agencies and non-Federal entities to which the FCC or USAC 
provides information under this routine use.
    18. Non-Federal Personnel--To disclose information to non-Federal 
personnel, including FCC or USAC contractors, other vendors (e.g., 
identity verification services), grantees, or volunteers who have been 
engaged to assist the FCC or USAC in the performance of a contract 
service, grant, cooperative agreement, or other activity related to 
this system of records that has not been otherwise identified in this 
Notice and who need to have access to the records in order to perform 
their activity.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The information pertaining to the ACP includes electronic records, 
files, data, paper documents, records, and may include audio recordings 
of calls. Records are maintained in secure, limited access areas. 
Physical entry by unauthorized persons is restricted through use of 
locks, passwords, and other security measures. Both USAC and its 
contractors will jointly manage the electronic data housed at USAC and 
at the contractors' locations. Paper documents and other physical 
records (i.e., tapes, compact discs, etc.) will be kept in locked, 
controlled access areas. Paper documents submitted by applicants to the 
ACP and provider representatives will be digitized, and paper copies 
will be immediately destroyed after digitization.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information in the ACP system of records may be retrieved by 
various identifiers, including, but not limited to the individual's 
name, last four digits of the social security number, Tribal 
identification number, identification number assigned by the Veterans 
Administration, date of birth, email address, phone number, address, 
and ACP subscriber identification 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) 
Records Schedule DAA-0173-2021-0022, Emergency Broadband Benefit 
Program (EBB Program)/Affordable Connectivity Program (ACP).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic records, data, and files are maintained in the FCC 
and the USAC computer network databases, which are protected by the 
FCC's and USAC's privacy safeguards, a comprehensive and dynamic set of 
IT safety and security protocols and features that are designed to meet 
all Federal IT privacy standards, including those required by OMB, the 
National Institute of Standard and Technology (NIST) and the Federal 
Information Security Modernization Act of 2014 (FISMA). In addition, 
access to the electronic files is restricted to authorized USAC and 
contractors' supervisors and staff and to the FCC's supervisors and 
staff in WCB and to the IT contractors who maintain these computer 
databases. Other FCC employees and contractors may be granted access 
only on a ``need-to-know'' basis. In addition, data in the network 
servers for both USAC and its contractors will be routinely backed-up. 
The servers will be stored in secured environments to protect the data. 
The paper documents and files are maintained in file cabinets in USAC 
and the contractors' office suites. The file cabinets are locked when 
not in use and at the end of the business day. Access to these files is 
restricted to authorized USAC and its contractors' staffs.

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about themselves should follow the Notification Procedures 
below.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request an amendment of records about 
themselves should follow the Notification Procedures 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 the records (47 CFR part 0, subpart E).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    86 FR 71494 (Dec. 16, 2021).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-08375 Filed 4-18-24; 8:45 am]
BILLING CODE 6712-01-P