[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77580-77582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24878]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID 184193]


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, Commission, or 
Agency) proposes to modify an existing system of records, FCC-2, 
Business Contacts and Certifications, 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 collect and maintain points of contact 
and to ensure compliance with FCC rules through certifications of 
information provided to the Commission. This modification expands the 
purposes, categories of individuals, and record source categories of 
this system of records to include public interest organizations, 
nonprofit organizations, government organizations, international 
organizations, and other non-business entities that participate in FCC 
proceedings or are included in FCC programs and modifies two routine 
uses.

DATES: This modified system of records will become effective on 
November 13, 2023. Written comments on the routine uses are due by 
December 13, 2023. The routine uses will become effective on December 
13, 2023, unless written comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Brendan McTaggart, at <a href="/cdn-cgi/l/email-protection#5727253e2136342e1731343479303821"><span class="__cf_email__" data-cfemail="e494968d9285879da4828787ca838b92">[email protected]</span></a>, or 
at Federal Communications Commission (FCC), 45 L Street NE, Washington, 
DC 20554 at (202) 418-1738.

FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or 
<a href="/cdn-cgi/l/email-protection#fa8a88938c9b9983ba9c9999d49d958c"><span class="__cf_email__" data-cfemail="09797b607f686a70496f6a6a276e667f">[email protected]</span></a> (and to obtain a copy of the Narrative Statement and 
the Supplementary Document, which includes details of the modifications 
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-2, Business Contacts and Certifications by publication in the 
Federal Register on August 26, 2022 (87 FR 52554). This notice serves 
to update and modify FCC-2 as a result of various necessary changes and 
updates. The substantive changes and modifications to the previously 
published version of the FCC-2 system of records include:
    1. Expanding the descriptions in the Purposes of the System, 
Categories of Individuals, and Sources of Records;
    2. Updating and/or revising language in the following routine uses 
(listed by the routine use number provided in this notice): (7) Law 
Enforcement and Investigation and (12) Non-Federal Personnel.

SYSTEM NAME AND NUMBER:
    FCC-2, Business Contacts and Certifications

SECURITY CLASSIFICATION:
    No information in the system is classified.

SYSTEM LOCATION:
    Federal Communications Commission (FCC), 45 L Street NE, 
Washington, DC 20554; Universal Service Administrative Company, 700 
12th Street NW, Suite 900, Washington, DC 20005; or FISMA compliant 
contractor.

SYSTEM MANAGER(S):
    Federal Communications Commission (FCC); Universal Service 
Administrative Company (USAC); or FISMA compliant contractor.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 151, 152, 154 (i)-(j) & (o), 155, 251(e)(3), 254, 257, 
301, 303, 332, 402, 1302; and 5 U.S.C. 602(c) and 609(a)(3).

PURPOSES OF THE SYSTEM:
    The FCC and organizations administering programs on behalf of the 
FCC use this system to collect and maintain points of contact and 
certifications from: (1) entities regulated by the FCC and in related 
industries, as well as contractors, vendors, and those performing 
collateral duties for the FCC; (2) other Federal, state, local, U.S. 
territorial, and Tribal government entities that administer, support, 
participate in, or receive information

[[Page 77581]]

related to, FCC programs and activities; and (3) public interest 
organizations, nonprofit organizations, international organizations, 
and other non-business entities that participate in FCC proceedings or 
are included in FCC programs.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals, including points of contact for and those who certify 
on behalf of, businesses, public interest organizations, nonprofit 
organizations, government organizations, international organizations, 
and other non-business entities that participate in FCC proceedings or 
are included in FCC programs; points of contact for Federal, state, 
local, U.S. territorial, or Tribal governmental entities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Contact information, such as name, username, signature, phone 
numbers, emails, and addresses, as well as work and educational 
history.

RECORD SOURCE CATEGORIES:
    Information in this system is provided by individuals, including 
points of contact for and those who certify on behalf of: FCC 
contractors; vendors; those providing collateral duties to the FCC; 
regulated entities and entities in related industries; Federal, state, 
local, U.S. territorial, and Tribal government entities; public 
interest organizations, nonprofit organizations, government 
organizations, international organizations, and other non-business 
entities that participate in FCC proceedings.

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--Contact information and certifications made by 
individuals contained in this system may be made available for public 
inspection to comply with FCC regulations that require public 
disclosure of this information, or in Commission releases, including 
notices of proposed rulemaking, public notices, orders, and other 
actions released by the Commission.
    2. Authorized Third Parties--Contact information and certifications 
made by individuals contained in this system may be shared with 
authorized third parties, including individuals and businesses in 
regulated and related industries, FCC vendors, and their contractors, 
to administer, support, participate in, or receive information related 
to, FCC programs and activities; or to ensure compliance with the 
confidentiality and other rules regarding information sharing in the 
FCC's programs and activities.
    3. Federal Agencies--Contact information and certifications made by 
individuals contained in this system may be shared with other Federal 
agencies in order to administer, support, participate in, or receive 
information related to, FCC programs and activities.
    4. State, Local, U.S. Territorial, and Tribal Government Entities--
Contact information and certifications made by individuals contained in 
this system may be shared with authorized state, local, U.S. 
territorial and Tribal government entities to administer, support, 
participate in, or receive information related to, FCC programs and 
activities.
    5. Litigation--To disclose 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.
    6. 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.
    7. 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, to 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.
    8. 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.
    9. Government-wide Program Management and Oversight--To provide 
information to the Department of Justice (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.
    10. Breach Notification--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.
    11. Assistance to Federal Agencies and Entities Related to 
Breaches--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.
    12. Non-Federal Personnel--To disclose information 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 service, grant, cooperative 
agreement, or other activity

[[Page 77582]]

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, USAC's network, or on an FCC vendor's network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system of records can be retrieved by any category 
field, e.g., first name or email address.

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 6.5, Item 020 (DAA-GRS-2017-0002-0002).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic records, files, and data are stored within FCC, 
USAC, or a vendor's accreditation boundaries and maintained in a 
database housed in the FCC's, USAC's, or vendor's computer network 
databases. Access to the electronic files 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, USAC, and third-
party 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 
<a href="/cdn-cgi/l/email-protection#6212100b1403011b220401014c050d14"><span class="__cf_email__" data-cfemail="3343415a4552504a735550501d545c45">[email protected]</span></a>. 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:
    87 FR 52554 (August 26, 2022).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-24878 Filed 11-9-23; 8:45 am]
BILLING CODE 6712-01-P


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