[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Notices]
[Pages 11526-11529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03927]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID 17502]


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) 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 telephone per household 
(voice telephony) and 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 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 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: Written comments are due on or before March 29, 2021. This 
action (including the routine uses) will become effective on March 29, 
2021 unless comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Margaret Drake, Senior Agency Official for 
Privacy, Federal Communications Commission (FCC), 45 L Street NE, 
Washington, DC 20554, or to <a href="/cdn-cgi/l/email-protection#f686849f8097958fb6909595d8919980"><span class="__cf_email__" data-cfemail="18686a716e797b61587e7b7b367f776e">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Margaret Drake, (202) 418-1707, or 
<a href="/cdn-cgi/l/email-protection#8bfbf9e2fdeae8f2cbede8e8a5ece4fd"><span class="__cf_email__" data-cfemail="eb9b99829d8a8892ab8d8888c58c849d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
WCB-1, Lifeline Program. The Lifeline Program serves low-income 
individuals by providing qualifying individuals with discounts on one 
Lifeline Program telephone per household and BIAS service. Since 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 
WCB.
    The substantive changes and modifications to the previously 
published version of the FCC/WCB-1 system of records include:
    (a) Updating the purpose for maintaining this system of records to 
simplify the section for readability, and include using the personally 
identifiable information (PII) to develop consumer survey and 
enrollment, and to facilitate monitoring of enrollment representatives;
    (b) Updating the categories of records maintained in this system of 
records to simplify for readability, and include information requested 
for consumer survey development and execution, information requested to 
facilitate monitoring of enrollment representatives, addresses based on 
geographic coordinates (geolocation), internet Protocol (IP) address, 
Lifeline subscriber application number, and enrollment representative 
unique identifier numbers (Representative ID Number);
    (c) Updating the source of records maintained in this system of 
records to simplify the section for readability, include respondents to 
a consumer survey, and to better define individuals acting as agents 
who are now considered enrollment representatives;
    (d) Updating language in various routine uses: (1) FCC/USAC Program 
Management; (2) Third Party Contractors; (3) Business Process 
Outsourcing (BPO); (5) State Agencies and Other Authorized State 
Government

[[Page 11527]]

Entities; (6) Social Service Agencies and Other Approved Third Parties; 
(8) Tribal Nations; (9) Service Providers; (12) Government-Wide Program 
Management and Oversight; (18) Computer Matching Program Disclosure; 
and, (20) Contract Services, Grants, or Cooperative Agreements;
    (e) Removing routine use ``Income and Program Eligibility Records'' 
as duplicative of routine uses (5) and (7);
    (f) Adding a routine use to permit an individual's Lifeline 
participation or qualification status to be shared with a Federal 
agency or contractor when a federal program administered by the agency 
or its contractor uses qualification for Lifeline as an eligibility 
criterion; and
    (g) Adding a routine use to facilitate consumer survey development 
and execution.
    The system of records is also updated to reflect various 
administrative changes related to the system managers and system 
addresses; update the Policies and Practices for Retention and Disposal 
of Records to describe the National Archives and Records Administration 
(NARA) records schedule for this system; 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:
    No information in the system is classified.

SYSTEM LOCATION(S): 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) AND ADDRESS(ES): 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 Sections 54.400-
54.423.

PURPOSE(S):
    The Lifeline Program provides discounts for one Lifeline telephone 
service per household (voice telephony), BIAS service, and the initial 
connection charge in Tribal areas to support such service, to 
qualifying low-income individuals. Individuals may qualify for Lifeline 
through proof of income or proof of participation in another qualifying 
program. The Lifeline Program system of records is maintained to 
determine whether the applicant meets the eligibility requirements for 
initial enrollment and recertification, including the limit of one 
benefit per household; program administration; dispute resolution; 
monitoring of enrollment representative; 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 
individuals that respond to a consumer survey developed using 
information in this system; and 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, other household members, 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; 
whether someone resides 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; 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. FCC/USAC Program Management--To the FCC and 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. 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.
    3. 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.
    4. State Agencies and Other Authorized State Government Entities--
To designated State agencies and other authorized governmental 
entities, including State public utility

[[Page 11528]]

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.
    5. 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.
    6. 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.
    7. Tribal Nations--To Tribal Nations to perform eligibility 
verification or recertification for individuals applying 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.
    8. 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.
    9. FCC Enforcement Actions--When a record in this system involves 
an informal complaint filed alleging a violation of 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 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.
    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--To disclose pertinent 
information to appropriate Federal, State, or local agencies, 
authorities, and officials 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 a civil or criminal statute, law, regulation, or order, 
including but not limited to notifying the Internal Revenue Service 
(IRS) to investigate income eligibility verification.
    15. Adjudication and Litigation--To the Department of Justice 
(DOJ), in a proceeding before a court, or other administrative or 
adjudicative body before which the FCC is authorized to appear, 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 is a party to litigation or has 
an interest in such litigation, and the use of such records by DOJ or 
the FCC is deemed by the FCC to be relevant and necessary to the 
litigation.
    16. 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.
    17. Assistance to Federal Agencies and Entities--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.
    18. 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).
    19. 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

[[Page 11529]]

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.
    20. Contract Services, Grants, or Cooperative Agreements--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 accomplish an agency 
function related to a system of records. Disclosure requirements are 
limited to only those data elements considered relevant to 
accomplishing an agency function. Individuals who are provided 
information under these routine use conditions are subject to Privacy 
Act requirements and disclosure limitations imposed on the Commission.
    21. 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 a consumer 
survey 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) 
General Records Schedule DAA-0173-2017-0001-0002. Records maintained in 
connection with the Lifeline Program will be destroyed 10 years after 
the year it was created or when no longer needed for business or audit 
purposes, whichever comes later. The FCC and USAC dispose of paper 
documents by shredding. Electronic records, files, and data are 
destroyed either by physical destruction of the electronic storage 
media or by erasure of the data.

ADMINSTRATIVE, 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 the Office of Management 
and Budget (OMB), National Institute of Standard and Technology (NIST) 
and the Federal Information Security Management System (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 PROCEDURE:
    Individuals wishing to determine whether this system of records 
contains information about themselves may do so by writing Federal 
Communications Commission (FCC), Washington, DC 20554, <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="08587a617e696b71486e6b6b266f677e">[email protected]</a>. 
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 CLAIMED FOR THE SYSTEM:
    None.

HISTORY:
    The FCC last gave full notice of this system of records, FCC/WCB-1, 
Lifeline Program, by publication in the Federal Register, 82 FR 38686 
(Aug. 15, 2017).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021-03927 Filed 2-24-21; 8:45 am]
BILLING CODE 6712-01-P


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