Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41845 

Communications Supply Chain Through 

FCC Programs—Huawei Designation, PS 

Docket No. 19–351, Memorandum 

Opinion and Order, 35 FCC Rcd 14435 

(2020); Protecting Against National 

Security Threats to the Communications 

Supply Chain Through FCC Programs— 

ZTE Designation, PS Docket No. 19–352, 

Memorandum Opinion and Order, DA 

20–1399 (PSHSB rel. Nov. 24, 2020). 

On December 10, 2020, the 

Commission adopted the Second Report 

and Order implementing the Secure 

Networks Act, which contained certain 

new information collection 

requirements. See Protecting Against 

National Security Threats to the 

Communications Supply Chain Through 

FCC Programs, WC Docket No. 18–89, 

Second Report and Order, 35 FCC Rcd 

14284 (2020) (Second Report and 

Order). These requirements will allow 

the Commission to receive, review and 

make eligibility determinations and 

funding decisions on applications to 

participate in the Reimbursement 

Program that are filed by certain 

providers of advanced communications 

service. These new information 

collection requirements will also assist 

the Commission in processing funding 

disbursement requests and in 

monitoring and furthering compliance 

with applicable program requirements 

to protect against waste, fraud, and 

abuse. 

On December 27, 2020, the President 

signed into law the Consolidated 

Appropriations Act, 2021, appropriating 

$1.9 billion to ‘‘carry out’’ the 

Reimbursement Program and amending 

the Reimbursement Program eligibility 

requirements to expand eligibility to 

include providers of advanced 

communications service with 10 million 

or fewer subscribers. See Public Law 

116–260, Division N-Additional 

Coronavirus Response and Relief, Title 

IX-Broadband internet Access Service, 

§§ 901, 906, 134 Stat. 1182 (2020). The 

Commission has interpreted the term 

‘‘provider of advanced communications 

service’’ to mean ‘‘facilities-based 

providers, whether fixed or mobile, with 

a broadband connection to end users 

with at least 200 kbps in one direction.’’ 

Second Report and Order, 35 FCC Rcd 

at 14332, para. 111. Participation in the 

Reimbursement Program is voluntary 

but compliance with the new 

information collection requirements is 

required to obtain Reimbursement 

Program support. 

The Secure Networks Act requires all 

providers of advanced communications 

service to annually report, with 

exception, on whether they have 

purchased, rented, leased or otherwise 

obtained covered communications 

equipment or service on or after certain 

dates. 47 U.S.C. 1603(d)(2)(B). The 

Second Report and Order adopted a 

new information collection requirement 

to implement this statutory mandate. 

See Secure Networks Act § 5. If the 

provider certifies it does not have any 

covered equipment and services, then 

the provider is not required to 

subsequently file an annual report, 

unless it later obtains covered 

equipment and services. Second Report 

and Order at para. 215. 

This submission is for new 

information collection requirements 

contained in the Second Report and 

Order adopted by the Commission on 

December 10, 2020. The new 

requirements are necessary for the 

creation of a $1.9 billion reimbursement 

program, as directed by Congress in the 

Secure Networks Act, as amended. This 

submission also covers a related 

information collection requirement 

necessitated by the Secure Networks Act 

and/or the Second Report and Order 

and proposes to eliminate a previously 

approved information collection 

requirement that is no longer necessary. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2021–16503 Filed 8–2–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[FR ID: 40816] 

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/PSHSB–1, FCC 

Emergency and Continuity Alerts and 

Contacts System (ECACS), 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 

Public Safety and Homeland Security 

Bureau (PSHSB) uses the information in 

ECACS to prepare for and coordinate 

crisis response activities wherever they 

occur in the United States and its 

territories. The FCC is modifying FCC/ 

PSHSB–1 to add information it will use 

to alert the designated emergency 

contacts of Commission staff of an 

emergency involving the FCC or a staff 

member. 

DATES: This action will become effective 

on August 3, 2021. Written comments 

on the system’s routine uses are due by 

September 2, 2021. The routine uses in 

this action will become effective on 

September 2, 2021 unless written 

comments are received that require a 

contrary determination. 

ADDRESSES: Send comments to Margaret 

Drake, at privacy@fcc.gov, or at Federal 

Communications Commission (FCC), 45 

L Street, NE, Washington, DC 20554 at 

(202) 418–1707. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Drake, (202) 418–1707, or 

privacy@fcc.gov (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: The FCC’s 

Public Safety and Homeland Security 

Bureau (PSHSB) uses the information in 

ECACS to prepare for and coordinate 

crisis response activities wherever they 

occur in the United States and its 

territories. This notice serves to update 

and modify FCC/PSHSB–1 to add the 

personally identifiable information (PII) 

of Commission staff in the form of 

contact information and emergency 

contacts. The substantive changes and 

modifications to the previously 

published version of the FCC/PSHSB–1 

system of records include: 

1. Updating the Security 

Classification to follow OMB and FCC 

guidance. 

2. Updating the Purposes for clarity 

and to include contacting the emergency 

contacts designated by FCC staff in case 

of an emergency involving a staff 

member. 

3. Updating the Categories of 

Individuals to include emergency 

contacts designated by FCC staff. 

4. Updating the Categories of Records 

to remove information that is no longer 

collected by this system and to include 

contact information for FCC employees’ 

emergency contacts. 

5. Updating the System Location to 

show the FCC’s new headquarters 

address. 

6. Adding two new Routine Uses: (1) 

FCC Program Management, to allow 

designated FCC staff to access the 

information in connection with the 

management and operation of a safe 

workplace, and (9) Non-Federal 

Personnel, to allow contractors 

performing or working on a contract for 

the Federal Government access to 

information in this system. 


jbell on DSKJLSW7X2PROD with NOTICES
41846 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 

7. Revising three Routine Uses: (3) 

Law Enforcement and Investigation to 

include components of agencies; (5) 

Government-Wide Program 

Management and Oversight to remove 

references to federal agencies for which 

the Privacy Act already includes 

exceptions, see 5 U.S.C. 552a(6) and 

(10); and (10) Test Partners to include 

other federal agencies that will 

collaborate with the FCC on Wireless 

Emergency Alerts. 

8. Removing one Routine Use: 

Contracted Third Parties and replacing 

it with a new Routine Use (9) NonFederal Personnel. 

The system of records is also updated 

to reflect various administrative changes 

related to the system address; 

administrative, technical, and physical 

safeguards; and updated notification, 

records access, and procedures to 

contest records. 

SYSTEM NAME AND NUMBER: 

FCC/PSHSB–1, FCC Emergency and 

Continuity Alerts and Contacts System 

(ECACS). 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Public Safety and Homeland Security 

Bureau (PSHSB), Federal 

Communications Commission (FCC), 45 

L Street, NE, Washington, DC, 20554. 

SYSTEM MANAGER(S): 

Public Safety and Homeland Security 

Bureau (PSHSB), Federal 

Communications Commission (FCC). 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Executive Order 12472, Assignment of 

National Security and Emergency 

Preparedness Telecommunications 

Functions, April 3, 1984, as amended 

February 28, 2003 and June 26, 2006; 

Presidential Decision Directive 67, 

Enduring Constitutional Government 

and Continuity of Government 

Operations, October 21, 1998; 

Homeland Security Act of 2002, 6 

U.S.C. 101 et seq., November 25, 2002; 

National Security Presidential Directive 

51/Homeland Security Presidential 

Directive 20, National Continuity 

Policy, May 9, 2007; National 

Communications System Directive 3–10, 

Minimum Requirements for Continuity 

Communications Capabilities, July 25, 

2007; National Continuity Policy 

Implementation Plan, Homeland 

Security Council, August 2007; Federal 

Continuity Directive 1, Federal 

Executive Branch National Continuity 

Program and Requirements, February 

2008; Federal Continuity Directive 2, 

Federal Executive Branch Mission 

Essential Function and Primary Mission 

Essential Function Identification and 

Submission Process, February 2008. 

PURPOSE(S) OF THE SYSTEM: 

The FCC uses the records in this 

system to: 

1. Respond to and coordinate 

activities such as emergencies and crisis 

management actions, responses, and 

related functions, including contacting 

FCC staff and their designated 

emergency contacts and using an 

automated telephone, text, and email 

system; 

2. Manage and maintain the contact 

and response system for FCC staff for 

coordinating Continuity of Operations 

Plan (COOP) actions and related 

functions; 

3. Conduct voluntary surveys 

evaluating the effectiveness of Wireless 

Emergency Alerts (WEA) and other 

related emergency notification systems, 

functions, and activities. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The categories of individuals in this 

system include: 

1. FCC staff and their designated 

emergency contacts. 

2. Federal Government contacts; State, 

Tribal, Territorial, Local Government 

and private sector contacts; and 

individuals representing institutions, 

organizations, and other groups engaged 

in crisis management and emergency 

preparedness functions, activities, and 

actions. 

3. FCC staff who are members of the 

Bureau and Office (B/O) Emergency 

Response Group (ERG), Devolution 

Emergency Response Group (DERG), 

and FCC and B/O lines of succession. 

4. Individuals who volunteer to 

participate in PSHSB surveys for WEA. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The records in this system include 

personal and business contact 

information, such as phone number, fax 

number, email address, physical 

address. Records also include survey 

information, such as the individual 

respondents’ identification numbers, 

email addresses, street addresses (street, 

city, state, and zip code) at the location 

that the individual responds to the 

survey, and other information that 

PSHSB will collect, such as the type of 

device, operating system, and wireless 

service provider. 

RECORD SOURCE CATEGORIES: 

FCC employees and contractors, 

Federal Government, State, Tribal, 

Territorial, Local Government, and 

private sector contacts representing 

institutions and organizations with 

crisis management and emergency 

preparedness functions, as well as 

survey respondents’ inputs transmitted 

through their wireless devices, or 

through other means of communication. 

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 section 

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. FCC Program Management—A 

record from this system may be accessed 

and used by the FCC’s Office of 

Managing Director or supervisory staff 

in their duties associated with the 

management and operation of a safe 

workplace. This information may be 

used to notify staff and their designated 

emergency contacts of an emergency 

situation involving the FCC or a staff 

member. 

2. Adjudication and Litigation—To 

disclose information to the Department 

of Justice (DOJ), or to a court or 

adjudicative body before which the FCC 

is authorized to appear, 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 where the DOJ or the FCC have 

agreed to represent the employee; or (d) 

the United States is a party to litigation 

or have an interest in such litigation, 

and the use of such records by the DOJ 

or the FCC is deemed by the FCC to be 

relevant and necessary to the litigation. 

3. Law Enforcement and 

Investigation—To disclose pertinent 

information to the appropriate Federal, 

State, and/or local agency, or 

component of an agency, such as the 

FCC’s Enforcement Bureau, 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 civil 

or criminal law or regulation. 

4. 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. 

5. Government-Wide Program 

Management and Oversight—To 

disclose information to the Department 

of Justice (DOJ) to obtain that 

department’s advice regarding 


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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41847 

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. Labor Relations—To officials of 

labor organizations recognized under 5 

U.S.C. 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. 

7. Breach Notification—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 Commission efforts 

to respond to the suspected or 

confirmed breach or to prevent, 

minimize, or remedy such harm. 

8. Assistance to Federal Agencies and 

Entities—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—To 

disclose information to non-federal 

personnel, including contractors, who 

have been engaged to assist the FCC in 

the performance of a contract 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. 

10. Test Partners—To PSHSB’s test 

partner entities, including other federal 

agencies, who help plan, conduct, and 

analyze the results of tests used to 

evaluate the effectiveness of WEA. 

REPORTING TO A CONSUMER REPORTING AGENCY: 

In addition to the routine uses listed 

above, the Commission may share 

information from this system of records 

with a consumer reporting agency 

regarding an individual who has not 

paid a valid and overdue debt owed to 

the Commission, following the 

procedures set out in the Debt 

Collection Act, 31 U.S.C. 3711(e). 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Information in ECACS consists of 

electronic data, files, and records, which 

are housed in the FCC’s computer 

network databases, and paper 

documents, files, and records, which are 

stored in file cabinets in the PSHSB 

office suite. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Information in the Emergency 

Contacts and the COOP Contacts 

databases is retrieved by searching any 

field in the respective database(s). 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

The FCC maintains and disposes of 

these records in accordance with the 

requirements of the General Records 

Schedules (GRS) issued by the National 

Archives and Records Administration 

(NARA) as follows: 

GRS 5.3, Disposition Authorities: 

Item 010: DAA–GRS–2016–0004– 

0001: Continuity planning and related 

emergency planning files; and 

Item 020: DAA–GRS–2016–0004– 

0002: Employee emergency contact 

information. 

GRS 4.1, Disposition Authority: Item 

030: DAA–GRS–2013–0002–0008: Vital 

or essential records program records. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

1. The electronic records, data, and 

files are stored within FCC accreditation 

boundaries and maintained in a 

database housed in the FCC computer 

network databases. Access to the 

electronic files is restricted to 

authorized Commission employees and 

contractors; and to IT staff, contractors, 

and vendors who maintain the IT 

networks and services. Other FCC 

employees and contractors may be 

granted access on a need-to-know basis. 

The FCC’s electronic files and records 

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 National Institute of Standards and 

Technology (NIST), the Office of 

Management and Budget (OMB), and 

the Federal Information Security 

Modernization Act of 2014 (FISMA). 

2. There are a limited number of 

paper documents, files, and records, 

which are stored in file cabinets in the 

FCC Operations Center and continuity 

sites. These cabinets are locked when 

not in use and/or at the end of the 

business day. All access points for these 

locations are monitored. 

3. PSHSB’s Test Partners and 

contractors will not have direct access 

to the FCC’s computer network or 

information systems; however, PSHSB 

will provide the Test Partners data 

necessary to evaluate the effectiveness 

of WEA. The Test Partners will be 

required to implement privacy 

safeguards against the disclosure of 

electronic data and paper document 

files provided by the FCC. 

RECORD ACCESS PROCEDURES: 

Individuals wishing to request access 

to and/or amendment of records about 

them should follow the Notification 

Procedure below. 

CONTESTING RECORD PROCEDURES: 

Individuals wishing to request an 

amendment of records about them 

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 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: 

The FCC last gave full notice of this 

system of records, FCC/PSHSB–1, by 

publication in the Federal Register on 

April 24, 2020 (85 FR 23024). 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2021–16511 Filed 8–2–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–1086 and OMB 3060–1216; FR 

ID 41065] 

Information Collections Being 

Reviewed by the Federal 

Communications Commission 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 


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