88766 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices 

Title: Section 73.3588, Dismissal of 

Petitions to Deny or Withdrawal of 

Informal Objections. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Businesses or other forprofit entities. 

Number of Respondents and 

Responses: 50 respondents; 50 

responses. 

Estimated Time per Response: 20 

minutes. 

Frequency of Response: On occasion 

reporting requirement. 

Obligation To Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection is section 

154(i) of the Communications Act of 

1934, as amended. 

Total Annual Burden: 17 hours. 

Total Annual Cost: $63,750. 

Needs and Uses: The information 

collection requirements contained in 47 

CFR 73.3588 state whenever a petition 

to deny or an informal objection has 

been filed against any applications for 

renewal, new construction permits, 

modifications, and transfers/ 

assignments, and the filing party seeks 

to dismiss or withdraw the petition to 

deny or the informal objection, either 

unilaterally or in exchange for financial 

consideration, that party must file with 

the Commission a request for approval 

of the dismissal or withdrawal. This 

request must include the following 

documents: (1) A copy of any written 

agreement related to the dismissal or 

withdrawal, (2) an affidavit stating that 

the petitioner has not received any 

consideration in excess of legitimate 

and prudent expenses in exchange for 

dismissing/withdrawing its petition, (3) 

an itemization of the expenses for which 

it is seeking reimbursement, and (4) the 

terms of any oral agreements related to 

the dismissal or withdrawal of the 

petitions to deny. Each remaining party 

to any written or oral agreement must 

submit an affidavit within 5 days of 

petitioner’s request for approval stating 

that it has paid no consideration to the 

petitioner in excess of the petitioner’s 

legitimate and prudent expenses. The 

affidavit must also include the terms of 

any oral agreements relating to the 

dismissal or withdrawal of the petition 

to deny. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2024–25918 Filed 11–7–24; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[FR ID: 260100] 

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 or Commission or 

Agency) has modified an existing 

system of records, FCC/OGC–3, 

Adjudication of Internal Complaints 

Against Employees, 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 Office of 

General Counsel (OGC) uses the 

personally identifiable information (PII) 

in this system for purposes that include 

settlement negotiations with opposing 

parties and litigation before an 

administrative body or a court of 

appropriate jurisdiction. 

DATES: This modified system of records 

will become effective on November 8, 

2024. Written comments on the routine 

uses are due by December 9, 2024. The 

routine uses in this action will become 

effective on December 9, 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 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/OGC–3 as a result of various 

necessary changes and updates. The 

substantive changes and modifications 

to the previously published version of 

the FCC/OGC–3 system of records 

include: 

1. Adding one new routine use: (10) 

Assistance to Federal Agencies and 

Entities Related to Breaches, the 

addition of which is required by OMB 

M–17–12. 

2. Updating and/or revising language 

in three routine uses (listed by the 

routine use number provided in this 

notice): (1) Litigation and (2) 

Adjudication, which were formerly a 

single routine use; (3) Law Enforcement 

and Investigation; (4) Congressional 

Inquiries; (5) Government-wide Program 

Management and Oversight; (9) Breach 

Notification, the modification of which 

is required by OMB M–17–12; and (11) 

Nonfederal 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, retention, disposal and 

retrieval of the information; 

administrative, technical, and physical 

safeguards; and updated notification, 

records access, and contesting records 

procedures. 

SYSTEM NAME AND NUMBER: 

FCC/OGC–3, Adjudication of Internal 

Complaints Against Employees. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

OGC, FCC, 45 L Street NE, 

Washington, DC 20554. 

SYSTEM MANAGER(S): 

OGC, FCC, 45 L Street NE, 

Washington, DC 20554. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; 47 U.S.C. 154. 

PURPOSE(S) OF THE SYSTEM: 

Commission attorneys in OGC use 

these records for purposes including 

settlement negotiations with opposing 

parties and litigation before an 

administrative body or a court of 

appropriate jurisdiction. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Any FCC employee, former FCC 

employee, or applicant for employment 

with the FCC who files or is the subject 

of a complaint or investigation 

involving internal personnel actions or 

activities, which include 

discrimination, harassment, reprisal, 

grievance, political activity, separation, 

or adverse action. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Information in this system of records 

may include correspondence, 

memoranda, transcripts of hearings, 

briefs, pleadings, investigative reports, 

orders, and decisions, in addition to 

identifying information such as names 

and contact information of FCC staff. 

RECORD SOURCE CATEGORIES: 

The sources for the information in 

this system of records include: 

(a) Individuals filing complaints, and 

the individuals who are the subjects of 

such complaints; 

(b) Attorneys or representatives of 

complainants and the subjects of 

complaints; 


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Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices 88767 

(c) Communication between FCC 

organizational units; 

(d) Investigative materials and related 

documentation and decisions involved 

in final agency decisions, initial 

administrative law judge orders, 

appeals, amendments, and litigation 

concerning such complaints and/or 

claims; and 

(e) Administrative agencies 

investigating complaints and/or claims 

(e.g., the Equal Employment 

Opportunity Commission, Merit System 

Protection Board, etc.). 

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. 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 DOJ is for a 

purpose that is compatible with the 

purpose for which the FCC collected the 

records. 

2. 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. 

3. 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. 

4. Congressional Inquiries— 

Information may be provided to a 

Congressional office in response to an 

inquiry from that Congressional office 

made at the written request of the 

individual to whom the information 

pertains. 

5. Government-wide Program 

Management and Oversight— 

Information may be disclosed to the 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. 

6. Certain Disclosures to Other 

Federal Agencies—Information may be 

disclosed to a Federal agency, in 

response to its request in connection 

with the hiring or retention of an 

employee, the issuance of a security 

clearance, the conducting of a suitability 

or security investigation of an 

individual, the classifying of jobs, the 

letting of a contract, or the issuance of 

a license, grant, or other benefit by the 

requesting agency, to the extent that the 

information is relevant and necessary to 

the requesting agency’s decision on the 

matter. 

7. Employment, Clearances, 

Licensing, Contract, Grant, or other 

Benefits Decisions by the Agency— 

Information may be disclosed to a 

Federal, State, local, foreign, Tribal, or 

other public agency or authority 

maintaining civil, criminal, or other 

relevant enforcement records, or other 

pertinent records, or to another public 

authority or professional organization, if 

necessary to obtain information relevant 

to an investigation concerning the hiring 

or retention of an employee or other 

personnel action, the issuance or 

retention of a security clearance, the 

classifying of jobs, the letting of a 

contract, or the issuance or retention of 

a license, grant, or other benefit by the 

Commission, to the extent that the 

information is relevant and necessary to 

the requesting agency’s decisions on the 

matter. 

8. Labor Relations—Information may 

be disclosed to officials of labor 

organizations recognized under 5 U.S.C. 

chapter 71 upon receipt of a formal 

request and in accord with the 

conditions of 5 U.S.C. 7114 when 

relevant and necessary to their duties of 

exclusive representation concerning 

personnel policies, practices, and 

matters affecting working conditions. 

9. 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 

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. 

10. 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. 

11. 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: 

Information in this system includes 

both paper and electronic records. The 

paper records, documents, and files are 

maintained in file cabinets that are 

located in OGC and in the FCC Bureaus 


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88768 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices 

and Offices (B/Os) of the FCC staff who 

provide the responses to covered 

complaints. Electronic records in this 

system reside on the FCC or a vendor’s 

network. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Records are retrieved by the name of 

individuals who are the subjects of 

complaints or investigations and by the 

names of individuals who have filed 

complaints. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Records are retained and disposed of 

in accordance with the FCC records 

control schedules NC1–173–84–05, Item 

3 and N1–173–91–001, Item 6, both of 

which have been approved by the 

National Archives and Records 

Administration (NARA). 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

The file cabinets containing paper 

records in this system are maintained in 

file cabinets in ‘‘non-public’’ rooms in 

the OGC and B/O suites. The OGC and 

B/O file cabinets are locked at the end 

of the business day. Access to these 

office suites is through card-coded main 

doors. Only authorized OGC and B/O 

supervisors and staff who are 

responsible for responding to these 

complaints, have access to these paper 

records. 

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). 

RECORD 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 access 

to and/or 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 records as 

required under 47 CFR part 0, subpart 

E. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 

HISTORY: 

83 FR 7721 (Feb. 22, 2018). 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–25919 Filed 11–7–24; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–1263; FR ID 260093] 

Information Collection Being Reviewed 

by the Federal Communications 

Commission Under Delegated 

Authority 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction 

Act of 1995 (PRA), the Federal 

Communications Commission (FCC or 

Commission) invites the general public 

and other Federal agencies to take this 

opportunity to comment on the 

following information collections. 

Comments are requested concerning: 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

the accuracy of the Commission’s 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information collected; ways to minimize 

the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology; and ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor a 

collection of information unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

PRA that does not display a valid OMB 

control number. 

DATES: Written PRA comments should 

be submitted on or before January 7, 

2025. If you anticipate that you will be 

submitting comments but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Cathy Williams, FCC, via email to PRA@

fcc.gov and to Cathy.Williams@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection, contact Cathy 

Williams at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–1263. 

Title: Sections 74.1203(a)(3), 

Interference, and 74.1204(f), Protection 

of FM broadcast, FM Translator and 

LP100 stations. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit entities; Not-for-profit 

institutions; State, Local or Tribal 

Government. 

Number of Respondents and 

Responses: 270 respondents; 270 

responses. 

Estimated Time per Response: 3–5 

hours. 

Frequency of Response: Third party 

disclosure requirement and on occasion 

reporting requirement. 

Total Annual Burden: 1,080 hours. 

Total Annual Cost: $924,100. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection of 

information is contained in sections 1, 

4(i), 4(j), 301, 303, 307, 308, 309, 316, 

and 319 of the Communications Act, 47 

U.S.C. 151, 154(i), 154(j), 301, 303, 307, 

308, 309, 316, and 319. 

Needs and Uses: The Commission is 

requesting an extension of this 

information collection in order to 

receive approval/clearance from the 

Office of Management and Budget for 

three years. On May 9, 2019, the 

Commission adopted a Report and 

Order, Amendment of part 74 of the 

Commission’s Rules Regarding FM 

Translator Interference, FCC 19–40, MB 

Docket No. 18–119 (FM Translator 

Interference Report and Order), 


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