Privacy Act; System of Records, 81527-81529 [2024-23214]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81527-81529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23214]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 248825]


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 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 October 
8, 2024. Written comments on the routine uses are due by November 7, 
2024. The routine uses in this action will become effective on November 
7, 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 December 
19, 2023 (88 FR 87774).
    The substantive changes and modifications to the previously 
published version of the FCC/OS-1 system of records include:
    1. Updating the Authority, Purposes, Categories of Individuals, and 
Categories of Records to include the submission of responses to audits 
of the Equal Employment Opportunity (EEO) programs of multi-channel 
video program distributors (MVPDs) (including complainants and, via the 
annual EEO Public File Reports submitted therewith, recruitment and 
referral sources).
    2. Updating Routine Use (5) Law Enforcement and Investigation, and 
making minor clerical edits to other routine uses, to maintain 
consistency with recently published FCC SORNs.

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(S):
    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, 154, and 554; and sections 504 
and 508 of the Rehabilitation Act, 29 U.S.C. 794.

PURPOSE(S) 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 FCC Enforcement Bureau also uses ECFS to 
collect and process responses to audits of the EEO programs of MVPDs to 
enforce compliance with the Commission's EEO requirements. 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, informing future rule and policy-
making activity, and improving 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 and 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, as well as individuals (including EEO complainants 
and, via the annual EEO Public File Reports submitted therewith, 
recruitment and referral sources) identified in responses

[[Page 81528]]

to audits of the EEO programs of MVPDs.

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, EEO audit responses as well as the annual EEO Public File 
Reports submitted therein by MVPDs, and records submitted by the FCC's 
administrative law staff into ECFS 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--Records may be disclosed 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.
    4. Adjudication--Records may be disclosed 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--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, State, local, 
Tribal, international, or multinational agencies, or a component of 
such an agency, responsible for investigating, prosecuting, enforcing, 
or implementing a statute, rule, regulation, or order.
    6. Congressional Inquiries--Information may be disclosed 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--Information 
may be disclosed 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--Records may be disclosed 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--Records may be disclosed 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--Information may be disclosed 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.

[[Page 81529]]

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 87774 (December 19, 2023).

    Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-23214 Filed 10-7-24; 8:45 am]
BILLING CODE 6712-01-P