[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85205-85207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24892]


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

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 
<a href="/cdn-cgi/l/email-protection#d5a5a7bca3b4b6ac95b3b6b6fbb2baa3"><span class="__cf_email__" data-cfemail="19696b706f787a60597f7a7a377e766f">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or 
<a href="/cdn-cgi/l/email-protection#48383a213e292b31082e2b2b662f273e"><span class="__cf_email__" data-cfemail="4535372c3324263c052326266b222a33">[email protected]</span></a>.

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:

[[Page 85206]]

    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 policy-making 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

[[Page 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 
<a href="/cdn-cgi/l/email-protection#e191938897808298a1878282cf868e97"><span class="__cf_email__" data-cfemail="acdcdec5dacdcfd5eccacfcf82cbc3da">[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 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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>