Privacy Act of 1974; System of Records, 28777-28780 [2024-08378]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28777-28780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08378]


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

FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 214884]


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 an existing system of records, FCC/WCB-1, Lifeline 
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 Lifeline Program (or ``Lifeline'') 
provides discounts for one Lifeline Program voice service per household 
and/or broadband internet access service (BIAS) to qualifying low-
income individuals. Individuals may qualify for Lifeline through proof 
of income or participation in another qualifying program. Since the 
enactment of the Telecommunications Act of 1996 (1996 Act), the 
Lifeline Program has been 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 individuals 
who have started an application online or applied to participate in the 
Lifeline Program, respondents to consumer surveys related to the 
Lifeline program, and enrollment representatives. The modifications 
described in this notice will allow USAC to maintain and administer 
this system in a manner that promotes efficiency and minimizes waste, 
fraud, and abuse.

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].

SUPPLEMENTARY INFORMATION: This notice modifies FCC/WCB-1, Lifeline 
Program 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-1 system of records include:
    1. Updating the Authority for Maintenance of the System, Purposes 
of the System, Categories of Individuals, and Categories of Records 
sections to accommodate FCC implementation of the Safe Connections Act 
(SCA), that, among other things, designates the Lifeline program to 
provide emergency communications support to survivors, as that term is 
defined in the SCA and FCC regulations or orders;
    2. Updating the Categories of Records to include identifying 
numbers assigned by USAC to applicants and or subscribers, such as 
``Application ID,'' ``Eligibility Check ID,'' or ``eligibility ID'' 
numbers;
    3. Adding one new routine use (listed by the routine use number 
provided in this notice): (2) Application, Enrollment, and 
Recertification;
    4. Updating and/or revising language in the following routine uses 
(listed by the routine use number provided in this notice): (14) Law 
Enforcement and Investigation; (15) Litigation and (16) Adjudication 
(formerly a single routine use); and (21) 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 related to the system managers 
and system addresses; policies and practices for storage, retrieval, 
and retention of the information; administrative, technical, and 
physical safeguards; and updated notification, records access, and 
contesting records procedures.

SYSTEM NAME AND NUMBER:
    FCC/WCB-1, Lifeline 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 Lifeline Program 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, 254, 403; 47 CFR 54.400-54.424; 
Safe Connections Act of 2022, Public Law 117-223, 116 Stat. 2280.

PURPOSE(S) OF THE SYSTEM:
    The Lifeline Program provides discounts for one Lifeline voice 
service and/or BIAS per household, and the initial connection charge in 
certain Tribal areas to support such service, to qualifying low-income 
individuals, including survivors eligible to receive emergency 
communications support. Individuals may qualify for Lifeline through 
proof of income, proof of participation in another qualifying program, 
or proof of the need for emergency communications support for 
survivors, including documentation of financial hardship as defined in 
FCC regulations and orders. The Lifeline Program system of records is 
maintained to determine whether the applicant meets the eligibility 
requirements for

[[Page 28778]]

initial enrollment and recertification, including the limit of one 
benefit per household; program administration; dispute resolution; 
monitoring of enrollment representatives; and, consumer surveys.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals in this system include those 
individuals residing in a single household who have applied for 
benefits; are currently receiving benefits; are individuals who enable 
another individual in their household to qualify for benefits; are 
minors whose status qualifies a parent or guardian for benefits; are 
individuals who have received benefits under the Lifeline Program; are 
survivors seeking emergency communications support and, as required, 
their alleged abusers; are individuals that respond to a consumer 
survey developed using information in this system; and are individuals 
acting as enrollment representatives and providing information directly 
or indirectly into USAC's Lifeline Systems on behalf of an ETC to 
enroll subscribers, recertify subscribers, or update subscriber 
information in the Lifeline Program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the system include first and last name 
of the applicant, subscriber, other household members, survivor, 
alleged abuser, caregiver, or consumer survey participant; date of 
birth; last four digits of Social Security Number or a full Tribal 
identification number; residential address; descriptive address; 
address based on geographic coordinates (geolocation); internet 
Protocol (IP) address; contact information; evidence of residence on 
Tribal lands; qualifying program participation; financial information; 
username and password; account security questions and answers; Lifeline 
subscriber identification number; assigned Representative ID Number; 
Lifeline participation status; amount of benefit received; documents 
demonstrating eligibility; documents showing only one benefit is 
received per household; voice recordings; USAC-assigned identifying 
numbers, such as Application ID, Eligibility Check ID, or eligibility 
ID numbers; for survivors seeking emergency communications support, 
documentation related to the submission of a legitimate line separation 
request to a telecommunications provider and documentation or 
certification of financial hardship (such as income self-certification 
or documentation related to receipt of Pell Grants or qualification for 
federal nutrition programs); and signatures.
    For ETC 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, residential address, or other identity proof documentation.

RECORD SOURCE CATEGORIES:
    The sources for the information in the Lifeline Program system of 
records include ETCs and their registered enrollment representatives; 
applicants; consumer survey respondents; State, Tribal, and Federal 
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. In 
each of these cases, the FCC will determine whether disclosure of the 
records is compatible with the purpose(s) for which the records were 
collected:
    1. Program Management--To USAC employees to conduct official duties 
associated with the management, operation, and oversight of the 
Lifeline Program, NLAD, National Verifier, Lifeline Claims System, and 
Representative Accountability Database, as directed by the Commission.
    2. Application, Enrollment, and Recertification--To facilitate the 
Lifeline application, enrollment, or recertification processes, 
including for survivors seeking or receiving communications support, 
records from this system may be disclosed to the individual who 
originally submitted the records, to the individual applicant 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, or subcontractor of the third- party contractor, engaged by 
USAC or an ETC to, among other things, develop the Lifeline Eligibility 
Database, conduct the eligibility verification process, recertification 
process, run call center and email support operations, and assist in 
dispute resolution.
    4. Business Process Outsourcing (BPO) Entity--To an employee of the 
BPO engaged by USAC or an employee of a third-party contractor engaged 
by the BPO to perform and review eligibility evaluations where the 
National Verifier conducts such processes for purposes of conducting 
the eligibility verification process or recertification process, 
performing manual eligibility verification (when needed), run call 
center and email support operations, and to assist in dispute 
resolution.
    5. State Agencies and Other Authorized State Government Entities--
To designated State agencies and other authorized governmental 
entities, including State public utility commissions, State departments 
of health and human services or other State entities that share data 
with USAC or the FCC, and their agents, as is consistent with 
applicable Federal and State laws, for purposes of eligibility 
verification and recertification; administering the Lifeline Program on 
behalf of ETCs in that State; performing other management and oversight 
duties and responsibilities; enabling the National Verifier to perform 
eligibility verification for individuals applying for or re-certifying 
for Lifeline support; enabling the State to perform eligibility 
verification for individuals applying for or re-certifying for Lifeline 
support; providing enrollment and other selected reports to the State; 
comparing information contained in the National Lifeline Accountability 
Database (NLAD) and Lifeline eligibility, recertification, and related 
systems to information contained in state databases associated with 
State- administered Lifeline Programs in order to assess differences 
between State and Federal programs and make adjustments.
    6. Social Service Agencies and Other Approved Third Parties--To 
social service agencies and other third parties that have been approved 
by USAC for purposes of assisting individuals in applying for and 
recertifying for Lifeline support.
    7. Federal Agencies--To other Federal agencies for the development 
of and operation under data sharing agreements with USAC or the FCC to 
enable the National Verifier to perform eligibility verification or 
recertification for individuals applying for Lifeline support or 
another federal program using Lifeline qualification as an eligibility 
criterion.
    8. Tribal Nations--To Tribal Nations to perform eligibility 
verification or recertification for individuals applying

[[Page 28779]]

for Lifeline support, to provide enrollment and other selected reports 
to Tribal Nations, and for purposes of assisting individuals in 
applying for and recertifying for Lifeline support.
    9. Service Providers--To service providers and their registered 
representatives in states or territories where the National Verifier is 
operating where the service provider is using the carrier eligibility 
and status check Application Programming Interface (API) to initiate 
Lifeline applications and eligibility checks and complete benefit 
transfer requests. To service providers who have been designated as 
ETCs to facilitate the provision of service, allow for the service 
provider to receive reimbursement through the Lifeline Program, to 
provide information to the relevant ETC about an ETC representative 
whose account has been disabled for cause, and provide enrollment and 
other selected reports to service providers.
    10. 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.
    11. 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.
    12. 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.
    13. Other Federal Program Eligibility--To disclose an individual's 
Lifeline participation or qualification status to a Federal agency or 
contractor when a federal program administered by the agency or its 
contractor uses qualification for Lifeline as an eligibility criterion.
    14. 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.
    15. Litigation--To disclose records to DOJ when: (a) the FCC or any 
component thereof; (b) any employee of the FCC in his or her official 
capacity; (c) any employee of the FCC in his or her individual capacity 
where the DOJ or the FCC has agreed to represent the employee; or (d) 
the United States Government is a party to litigation or has an 
interest in such litigation, and by careful review, the FCC determines 
that the records are both relevant and necessary to the litigation, and 
the use of such records by the DOJ is for a purpose that is compatible 
with the purpose for which the FCC collected the records.
    16. 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.
    17. 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.
    18. 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.
    19. Computer Matching Program Disclosure--To Federal, State, and 
local agencies, and USAC, their employees, and agents for the purpose 
of developing and conducting computer matching programs as regulated by 
the Privacy Act of 1974, as amended (5 U.S.C. 552a).
    20. 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.
    21. 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

[[Page 28780]]

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.
    22. Consumer Survey Development and Execution--To contractors, 
grantees, experts, consultants and their agents, or others performing 
or working under a contract service, grant, or cooperative agreement 
with the FCC or USAC, when necessary to develop and conduct consumer 
surveys as described in this system of records. Individuals who are 
provided information under these routine use conditions are subject to 
Privacy Act requirements and disclosure limitations imposed on the 
Commission.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The information pertaining to the Lifeline Program 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 Lifeline Program will be digitized, and 
paper copies will be immediately destroyed.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information in the Lifeline Program 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 
(SSN), Tribal identification number, date of birth, phone number, 
residential address, and Lifeline 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-0173-2017-0001-0002 (Universal Service).

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 privacy safeguards, a comprehensive and dynamic set of safety and 
security protocols and features that are designed to meet all Federal 
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 IT supervisors and staff 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.

RECORDS 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 an 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 the records (47 CFR part 0, subpart E).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    86 FR 11526 (Feb. 25, 2021).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-08378 Filed 4-18-24; 8:45 am]
BILLING CODE 6712-01-P