Privacy Act of 1974; System of Records, 28774-28777 [2024-08376]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28774-28777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08376]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 214886]


Privacy Act of 1974; 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 or Commission or 
Agency) proposes to modify a system of records, FCC/WCB-6, USAC 
Customer Relationship Management (CRM), subject to the Privacy Act of 
1974, as amended. This action is necessary to meet the requirements of 
the Privacy Act to publish in the Federal Register notice of the 
existence and character of records maintained by the Agency. The 
Universal Service Administrative Company (USAC), under the direction of 
the Commission and, by delegation, of the Commission's Wireline 
Competition Bureau (WCB), administers the Universal Service Fund (USF) 
programs and certain programs funded by Congressional appropriations 
(appropriated programs). This system of records contains information 
about individuals who are customers, participants, and stakeholders of 
the programs who submit complaints and requests for assistance to USAC 
to address issues with their program participation.

DATES: Written comments are due on or before May 20, 2024. This action 
will become effective on April 19, 2024, except for any new or 
significantly modified routine uses, which will become effective May 
20, 2024.

ADDRESSES: Universal Service Administrative Company (USAC), 700 12th 
Street NW, Suite 900, Washington, DC 20005. Send comments to Brendan 
McTaggart, Federal Communications Commission (FCC), 45 L Street NE, 
Washington, DC 20554, or to [email protected].

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

SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
WCB-6, USAC Customer Relationship Management (CRM), 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-6 
system of records include:
    1. Updating the Categories of Records to include USAC-assigned 
identifying numbers, such as ``Application ID,'' ``Eligibility Check 
ID,'' or ``eligibility ID'' numbers;
    2. Updating the Authority for Maintenance of the System and 
Categories of Records sections 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;
    3. Adding a new routine use (1) Customer Relations to permit 
disclosure of records to individuals to whom those records pertain;
    4. Updating and/or revising language in the following routine uses 
(listed by the routine use number provided in this notice): (9) Law 
Enforcement and Investigation; and (15) Non-Federal Personnel (formerly 
named ``Contract Services, Grants, or Cooperative Agreements'').
    The system of records is also revised for clarity and updated to 
reflect various administrative changes.

SYSTEM NAME AND NUMBER:
    FCC/WCB-6, USAC Customer Relationship Management.

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):
    Address inquiries to USAC, 700 12th Street NW, Suite 900, 
Washington, DC 20005; or WCB, FCC, 45 L Street NE, Washington, DC 
20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 151-154, 201-205, 214, 403; 47 CFR part 54, subpart H; 
Safe Connections Act of 2022, Public Law 117-223, 116 Stat. 2280.

PURPOSE(S) OF THE SYSTEM:
    USAC administers the programs of the USF (including the Lifeline, 
High Cost, Rural Health Care, and E-Rate programs) and certain 
appropriated programs including the Affordable Connectivity Program 
(ACP), Emergency Connectivity Fund Program (ECF), and the COVID-19 
Telehealth Program on behalf of the FCC, as set forth in 47 CFR part 
54, under the direction of the Commission and, by delegation, of WCB. 
Under the Memorandum of Understanding Between the FCC and USAC (Dec. 
19, 2018), as amended (Nov. 22, 2021) and extended (Dec. 19, 2023) 
(FCC/USAC MOU),1 USAC is responsible for the effective administration 
of the programs, including responding to inquiries from program 
participants and providing timely and relevant data and analysis to 
inform the Commission in its policy making and oversight of the USF and 
appropriated programs. The USAC CRM handles and processes inquiries 
from individuals, groups, and other entities, for all of the programs 
administered by USAC. The system allows USAC customer service 
representatives to access prior related inquiries in order to provide 
excellent customer service. It includes a portal to allow customers to

[[Page 28775]]

easily interact with USAC through one channel of communication, 
maintaining the ability to view case status, create new cases, and 
review closed cases within the same interface. This system of records 
includes existing data from the established USF and appropriated 
programs administered by USAC. The system can also accommodate data 
from any future programs assigned by the FCC to be administered by 
USAC. The system allows USAC to retrieve records based on an 
individual's information within the system. The CRM system will be 
launched in phases on a program by program basis. Phase I currently 
includes High Cost, Rural Health Care, and Finance (Contributions) 
customer support. Phase II is anticipated to incorporate Lifeline and 
the Affordable Connectivity Program for customer support. Phase III 
will commence the consumer portal.
    This system of records is maintained to provide a unified tool to 
enable USAC, on behalf of the FCC, to respond to inquiries from 
consumers, participants, and stakeholders in the USF and appropriated 
programs; to inform the FCC of concerns regarding the USF and 
appropriated programs in support of the agency's policymaking and 
enforcement endeavors or otherwise to evaluate the efficiency and 
administration of FCC programs and to inform future FCC rulemaking 
activity; to provide consumers with access to a unified portal to view 
case status, create new cases, and review closed cases; and to provide 
USAC staff with access to documents and otherwise improve staff 
efficiency.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals in this system include, but are not 
limited to, individuals who contact USAC with inquiries concerning USF 
and appropriated programs administered by USAC on behalf of the FCC. 
These individuals include, but are not limited to, individuals and 
representatives of individuals who participate in these programs; 
individuals making inquiries on behalf of program participants and 
stakeholders; and employees of USAC, USAC's vendors, and the FCC.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the system collected by design include 
first and last name, telephone number, email address, and user ID 
numbers; service representative names and ID numbers; USAC-assigned 
identifying numbers, such as Application ID, Eligibility Check ID, or 
eligibility ID numbers; and the name of the organization associated 
with the individual. Examples for organization names include but are 
not limited to carrier and school names. Customers or customer 
representatives may provide data elements that have not been 
specifically requested, including date of birth, home address, place of 
birth, gender, work address, taxpayer ID numbers, facsimile numbers, 
Social Security numbers (SSNs), mother's maiden name, information 
contained in birth, death, or marriage certificates, financial account 
numbers, employment status, employer identification numbers (EINs), and 
a driver's licenses or State ID (or foreign country equivalent). This 
system of records also includes existing data from the established USF 
and appropriated programs administered by USAC.

RECORD SOURCE CATEGORIES:
    Information systems for established USF and appropriated programs 
administered by USAC; participants in USF and appropriated programs; 
participating providers and their registered enrollment 
representatives; and USAC employees or contractors or FCC employees or 
contractors.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside the 
FCC, as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. Customer Relations--To the individual to whom a record pertains 
in order to respond to inquiries about that individual's participation 
in USF and appropriated programs or otherwise assist that individual.
    2. Program Management--To USAC employees to conduct official duties 
associated with the administration of FCC programs or the management, 
operation, and oversight of the CRM, as directed by the Commission.
    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 CRM, respond to inquiries concerning 
USF and appropriated programs, run call center and email support 
operations, assist in dispute resolution, and develop, test, and 
operate the database system and network.
    4. Service Providers--To service providers, and their registered 
representatives, only such information that may be required to help 
resolve a consumer complaint or dispute.
    5. State, Tribal, or Local Governmental Agencies and Other 
Authorized Governmental Entities--To State, Tribal, or local government 
agencies and other authorized governmental entities, including public 
utility commissions, only such information that may be required to help 
resolve a consumer complaint or dispute.
    6. 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.
    7. 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.
    8. 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.
    9. 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

[[Page 28776]]

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.
    10. 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.
    11. 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.
    12. Breach Notification--To appropriate agencies, entities 
(including USAC), and persons when: (a) the Commission suspects or has 
confirmed that there has been a breach of the system of records; (b) 
the Commission has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to individuals, the 
Commission (including its information systems, programs, and 
operations), the Federal Government, or national security; and (c) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with the Commission's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    13. Assistance to Federal Agencies and Entities Related to 
Breaches--To another Federal agency or entity, when the Commission 
determines that information from this system is reasonably necessary to 
assist the recipient agency or entity in: (a) responding to a suspected 
or confirmed breach or (b) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, program, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    14. Prevention of Fraud, Waste, and Abuse Disclosure--To Federal 
agencies, or to an instrumentality of any governmental jurisdiction 
within or under the control of the United States (including any State, 
Tribal, or local governmental agency), and their employees and agents 
(including contractors, their agents or employees; employees or 
contractors of the agents or designated agents); or contractors, their 
employees or agents with whom the FCC or USAC has a contract, service 
agreement, cooperative agreement, or computer matching agreement for 
the purpose of: (1) detection, prevention, and recovery of improper 
payments; (2) detection and prevention of fraud, waste, and abuse in 
Federal programs administered by a Federal agency or non-Federal 
entity; (3) detection of fraud, waste, and abuse by individuals in 
their operations and programs, but only to the extent that the 
information shared is necessary and relevant to verify pre-award and 
prepayment requirements prior to the release of Federal funds, prevent 
and recover improper payments for services rendered under programs of 
the FCC or of those Federal agencies and non-Federal entities to which 
the FCC or USAC provides information under this routine use.
    15. 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 CRM includes electronic records, 
files, data, records, and may include audio recordings of calls. 
Records are maintained in secure, limited access areas. Physical entry 
by unauthorized persons is restricted through use of locks, passwords, 
and other security measures. Both USAC and its contractors will jointly 
manage the electronic data housed at USAC and contractors will have 
access to the data at their locations.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information in the CRM system of records may be retrieved by 
various identifiers, including, but not limited to the individual's 
name, or identification number. USAC employees and contractors 
information can also be retrieved through identifiers including first 
or last name, title, email address, and username.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Data from USF programs contained in the CRM system are maintained 
and disposed of in accordance with the National Archives and Records 
Administration (NARA) Records Schedule DAA-0173-2017-0001. ACP records 
are maintained and disposed of in accordance with NARA Records Schedule 
DAA-0173-2021-0022, Emergency Broadband Benefit Program (EBB Program)/
Affordable Connectivity Program (ACP). Records related to the Connected 
Care Pilot Program/COVID-19 Telehealth Program are maintained and 
disposed of in accordance with NARA Records Schedule DAA-0173-2020-
0006.

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, to the FCC's supervisors and staff 
in WCB, and to the IT contractors who maintain these computer 
databases. Other FCC employees and contractors may be granted access 
only on a ``need-to-know'' basis. In addition, data in USAC's network 
servers which are accessible by USAC's contractors will be routinely 
backed-up. The servers will be stored in secured environments to 
protect the data.
    The paper documents and files are maintained in file cabinets in 
USAC and the contractors' office suites. The file cabinets are locked 
when not in use and

[[Page 28777]]

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 Federal 
Communications Commission (FCC), 45 L Street NE, Washington, DC 20554, 
or to [email protected]. Individuals requesting access must also comply 
with the FCC's Privacy Act regulations regarding verification of 
identity to gain access to the records (47 CFR part 0, subpart E).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    88 FR 19138 (March 30, 2023) and 88 FR 23672 (April 18, 2023) 
(correction).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-08376 Filed 4-18-24; 8:45 am]
BILLING CODE 6712-01-P