Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 85205 

7. 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 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 

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. 

8. 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. 

9. Non-Federal Personnel—Records 

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 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 or a vendor’s 

network. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Scanned images, electronic records of 

data elements, and electronic copies of 

granted equipment authorizations, as 

well as information about individuals 

associated with entities covered by the 

system, may be retrieved from the OET 

EAS website at https://apps.fcc.gov/tcb/ 

TcbHome.do by clicking on the desired 

link in the Reports section on the left 

hand side of the page. Records may be 

retrieved using a variety of parameters. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

The information in this system is 

maintained and disposed of in 

accordance with NARA Records 

Schedule DAA–0173–2019–0001, Office 

of Engineering and Technology— 

Laboratory Division Records. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

OET makes all records, documents, 

and files available to the public except: 

(1) files that are not routinely available 

for public inspection as defined in 47 

CFR 0.457(d)(1)(ii); and/or (2) files that 

have been submitted in compliance 

with the confidentiality request 

requirement of 47 CFR 0.459. When not 

publicly available, the electronic 

records, files, and data are stored within 

FCC or a vendor’s accreditation 

boundaries and maintained in a 

database housed in the FCC’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 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). 

RECORDS 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 to privacy@fcc.gov. 

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: 

65 FR 17242 (April 5, 2006). 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–24893 Filed 10–24–24; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[FR ID: 256494] 

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, Commission, or 

Agency) has modified an existing 

system of records, FCC/OET–1, 

Experimental Licensing System (ELS) 

(formerly ‘‘Experimental Radio Station 

License Files’’), 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 FCC’s Office of 

Engineering and Technology (OET) uses 

the information in this system to 

determine: (a) an applicant’s eligibility 

to operate a station in the experimental 

radio service; (b) the interference 

potential to other radio services; and/or 

(c) the permissibility of the applicant’s 

proposed operations under section 5.3 

of the Commission’s rules. 

DATES: This modified system of records 

will become effective on October 25, 

2024. Written comments on the routine 

uses are due by November 25, 2024. The 

routine uses in this action will become 

effective on November 25, 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 privacy@

fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Brendan McTaggart, (202) 418–1738, or 

privacy@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

notice serves to update and modify 

FCC/OET–1 as a result of various 

necessary changes and updates. The 

substantive changes and modifications 

to the previously published version of 

the FCC/OET–1 system of records 

include: 


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85206 Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 

1. Renaming the system of records 

‘‘Experimental Licensing System (ELS),’’ 

which is the name of the Commission’s 

electronic filing system for licensing for 

the Experimental Radio service; 

2. Updating language in the 

Authority, Categories of Individuals, 

Categories of Records, and Record 

Source Categories to document 

additional relevant authority, 

involvement of public commenters, and 

the current names of forms used by the 

Commission; 

3. Adding one new routine use, (2) 

NTIA, to permit disclosures to the 

National Telecommunications and 

Information Administration (NTIA) for 

the purpose of coordinating spectrum 

use; and 

4. Updating and/or revising language 

in five routine uses (listed by the 

routine use number provided in this 

notice: (3) Litigation and (4) 

Adjudication (now two separate routine 

uses); (5) Law Enforcement and 

Investigation; (7) Government-wide 

Program Management and Oversight; 

and (10) Non-Federal Personnel. 

The system of records is also updated 

to reflect various administrative changes 

related to the system managers and 

system addresses; policy and practices 

for storage and retrieval of the 

information; administrative, technical, 

and physical safeguards; and updated 

notification, records access, and 

contesting records procedures. 

SYSTEM NAME AND NUMBER: 

FCC/OET–1, Experimental Licensing 

System (ELS). 

SECURITY CLASSIFICATION: 

No information in ELS is classified. 

Experimental license applications that 

contain classified material are treated in 

a bifurcated manner, with unclassified 

data filed in ELS, and the classified 

portion filed with the FCC’s Security 

Operations Staff and processed 

consistent with the FCC’s security 

regulations. The material filed with the 

Security Operations Staff is maintained 

separately from and does not become 

part of ELS. 

SYSTEM LOCATION: 

OET, FCC, 45 L Street NE, 

Washington, DC 20554. 

SYSTEM MANAGER(S): 

Experimental Licensing Branch, OET, 

FCC, 45 L Street NE, Washington, DC 

20554. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

47 U.S.C. 301, 303, 307, 308. 

PURPOSE(S) OF THE SYSTEM: 

FCC staff use the information in this 

system to determine (a) a license 

applicant’s eligibility to operate a 

station in the experimental radio 

service; (b) the interference potential to 

other radio services; and/or (c) the 

permissibility of the applicant’s 

proposed operations under section 5.3 

of the Commission’s rules. The system 

also permits the FCC to collect and 

maintain information necessary for FCC 

staff to perform key activities, including 

analyzing the effectiveness and 

efficiency of FCC programs and 

informing rule-making and policymaking activities. 

CATEGORIES OF INDIVDUALS COVERED BY THE

SYSTEM: 

The categories of individuals in this 

system include individuals who have 

themselves, or who are associated with 

entities that have, applied for or have 

been granted a license to operate an 

experimental radio station under 47 

CFR part 5 of the Commission’s rules; 

and individuals who have themselves, 

or who are associated with entities that 

have, contested applications for 

licenses, transfers, assignments, and 

construction, or petitioned to deny or to 

cancel applicants on behalf of other 

parties. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The categories of records in this 

system include: 

1. These FCC Forms, any supporting 

exhibits or documents submitted by the 

applicant(s) and/or licensee(s), and 

related documentation: (a) FCC Form 

159 Remittance Advice and FCC Form 

159–C Continuation Sheet; (b) FCC 

Form 405, Application for Renewal of 

Radio Station License in Specified 

Services; (c) FCC Form 442, Application 

for New or Modified Radio Station 

Authorization Under Part 5 of FCC 

Rules—Experimental Radio Service 

(Other than Broadcast); (d) FCC Form 

702, Application for Consent to Assign 

an Experimental Authorization; (e) FCC 

Form 703, Application for Consent to 

Transfer Control of Corporation Holding 

Station License; and (f) Special 

Temporary Authority (STA) under 47 

CFR 5.61 of the Commission’s rules. 

2. Personally identifiable information 

(PII) included in experimental project 

reports submitted by the applicant(s) 

and/or licensee(s) as required by 47 CFR 

part 5 of the Commission’s rules, 

including name, mailing address, email 

address(es), and telephone number(s). 

3. Information included in comments 

from other FCC bureaus/offices and the 

National Telecommunications and 

Information Administration (NTIA) on 

frequency interference potential, 

coordination of operation(s), validity of 

a project or experiment, and use of a 

project or experiment in rulemakings. 

4. Contested applications for licenses, 

transfers, assignments, and 

construction, or petitions to deny or to 

cancel applicants on behalf of other 

parties. 

RECORD SOURCE CATEGORIES: 

The sources of information in this 

system of records are applicants and 

licensees, who provide the information 

on one or more FCC forms, special 

temporary authorities (STAs), and/or 

any supporting exhibits submitted by 

the applicants and/or licensees or other 

related documentation; individuals who 

have contested applications for licenses, 

transfers, assignments, and 

construction, or petitioned to deny or to 

cancel applicants on behalf of other 

parties; and FCC bureau and office staff 

and NTIA staff generating relevant data 

during the normal processing of the 

application. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

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—Information from 

this system is posted at: https://

www.fcc.gov/els for public inspection, 

in response to a request, and in 

connection with new experimentation. 

The information will not be disclosed if 

a request that the information be given 

confidential treatment is pending or has 

been granted under 47 CFR 0.459. 

2. NTIA—Records from this system 

may be shared with the National 

Telecommunications and Information 

Administration (NTIA) for purposes of 

coordinating spectrum use that could 

affect federal government spectrum 

bands and their assigned users. 

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 


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Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Notices 85207 

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—Records 

may be provided to a Congressional 

office in response to an inquiry made at 

the written request of the individual to 

whom the records pertain. 

7. Government-wide Program 

Management and Oversight—Records 

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 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 

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. 

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—Records 

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 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: 

Electronic records in this system 

reside on the FCC or a vendor’s 

network. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Records can be retrieved by, among 

other things, the licensee name. If there 

is more than one station per licensee, 

then the files may be also retrieved by 

call sign. Scanned images, electronic 

records of data elements, and electronic 

copies of licenses may be retrieved from 

the OET Experimental Licensing Branch 

Report electronic filing and reporting 

website using various search fields, 

including name and call sign, at: https:// 

apps.fcc.gov/els. 

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–0173–2016– 

0003, Experimental Licensing System 

(ELS). 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

OET makes all records available to the 

public at: https://www.fcc.gov/els, 

except files that have been submitted in 

compliance with the confidentiality 

request requirement of 47 CFR 0.459. 

When not publicly available, the 

electronic records, files, and data are 

stored within FCC or a vendor’s 

accreditation boundaries and 

maintained in a database housed in the 

FCC’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 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). 

RECORDS 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 to privacy@fcc.gov. 

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: 

84 FR 27115 (June 11, 2019). 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–24892 Filed 10–24–24; 8:45 am] 

BILLING CODE 6712–01–P 


ddrumheller on DSK120RN23PROD with NOTICES1