[Federal Register Volume 66, Number 142 (Tuesday, July 24, 2001)]
[Notices]
[Pages 38425-38426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18555]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act; System of Records

AGENCY: Federal Communications Commission (FCC or Commission).

ACTION: Notice; one altered Privacy Act system of records; one revised 
routine use; one proposed new routine use; one deleted routine use; and 
one purged system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a(e)(4), the FCC proposes to alter a systems of 
records, FCC/CIB-1, ``Informal Complaints and Inquiries,'' to 
incorporate the provisions of FCC/CIB-4, ``Telephone and Electronic 
Contacts,'' to revise the routine uses, and to make other edits and 
revisions as necessary. The FCC will eliminate FCC/CIB-4.

DATES: Any interested person may submit written comments concerning the 
routine uses of this system on or before August 23, 2001. Pursuant to 
Appendix I, 4(e) of OMB Circular A-130, the FCC is asking the Office of 
Management and Budget (OMB), which has oversight responsibility under 
the Privacy Act, to grant a waiver of the 40 day review period by OMB, 
the House of Representatives, and the Senate for this system of records 
to allow the FCC to release a Report and Order related to this system 
of records. The proposed altered system shall be effective on August 
23, 2001 unless the FCC receives comments that require a contrary 
determination. The Commission will publish a document in the Federal 
Register notifying the public if any changes are necessary.

ADDRESSES: Address comments to the Les Smith, Performance Evaluation 
and Record Management (PERM), Room 1-A804, Federal Communications 
Commission, 445 12th Street, SW, Washington, DC 20554, or via the 
Internet at [email protected]; or to Edward Springer, FCC Desk Officer, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Docket Library, Room 10236, NEOB, 725 17th Street, NW, 
Washington, DC 20503, or via the Internet at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Les Smith, Performance Evaluation and 
Records Management, Room 1-A804, Federal Communications Commission, 445 
12th Street, SW., Washington, DC 20554, or via the Internet at 
[email protected]; or Arthur Scrutchins, Staff Attorney, Office of the 
Bureau Chief, Consumer Information Bureau, Room 3-A234, Federal 
Communications Commission, at (202) 418-2184, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, 5 
U.S.C. 552a(e)(4), this document sets forth notice of the proposed 
alteration of a system of records maintained by the FCC. This notice is 
a summary of more detailed information which may be viewed at the 
location given in the ADDRESSES section above. The purpose of altering 
FCC/CIB-1, ``Information Complaints and Inquiries,'' is to enable the 
Consumer Information Bureau to handle and process informal complaints 
received from individuals, groups, and other entities. Records in this 
system are available for public inspection after redaction of 
information, which could identify the complainant or correspondent, 
i.e., name, address, and/or telephone number.
    The Commission proposes to achieve this purpose by altering this 
system of records, FCC/CIB-1, ``Informal Complaints and Inquiries,'' 
with these changes:
    The incorporation of the data elements of another system of 
records, FCC/CIB-4, ``Telephone and Electronic Contacts,'' into FCC/
CIB-1; The elimination of FCC/CIB-4;
    The revision of one routine use to address informal complaints:
    Routine use (1) to allow disclosure when a record in this system 
involves an informal complaint, the complaint may be forwarded to the 
defendant entity for a response.
    The addition of one routine use:
    Routine use (2) to allow disclosure when an order or other 
Commission-issued document that includes consideration of informal 
complaints is entered by the FCC to implement the Communications Act, 
pertinent rule, regulation, or order of the FCC, the complainant's name 
and/or telephone number may be made public in that order or document;
    The deletion of one routine use pursuant to 5 U.S.C. 552a(b)(3):
    Former routine use (4) to disclose 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 reporting of an 
investigation of an employee, the letting of a contract, or the 
issuance of a license, grant, or other benefit; and
    The revision or modification of various data elements in FCC/CIB-1, 
including editorial changes, to update, simplify, or clarify, as 
necessary, this system of records.
    The FCC will use FCC/CIB-1 to handle and process informal 
complaints received by individuals, groups, and other entities. Records 
in this system are available for public inspection after redaction of 
information, which could identify the complainant or correspondent, 
i.e., name, address, and/or telephone number. The functions in this 
system of records will be performed by the Consumer Information Bureau 
(CIB).
    This notice meets the requirement documenting the change in the 
Commission's system of records, and provides the public, Congress, and 
the Office of Management and Budget (OMB) an opportunity to comment.
FCC/CIB-1

SYSTEM NAME:
    Informal Complaints and Inquiries.

SECURITY CLASSIFICATION:
    This material has not received a security classification at this 
time. The OSCAR system is currently undergoing a security review.

SYSTEM LOCATION:
    Chief, Consumer Information Bureau, Room 5-C758, Federal 
Communications Commission (FCC), 445 12th Street, SW., Washington, DC 
20554 and 1270 Fairfield Road, Gettysburg, PA 17325.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals, groups, and other entities who have made informal 
complaints or inquiries in any format, including but not limited to, 
paper, telephone, and electronic submissions, on matters

[[Page 38426]]

arising under the Communications Act of 1934, as amended, and the 
Rehabilitation Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records in this system include both computerized information 
contained in a database and paper copies of inquiries, informal 
complaints, and related supporting information, company replies to 
complaints, inquiries, and Commission letters regarding such complaints 
and inquiries made by individuals, groups, or other entities pertaining 
to the FCC's bureaus and offices.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Secs. 151, 154, 206, 208, 225, 226, 227, 228, 255, 258, 301, 303, 
309(e), 312, 362, 364, 386, and 507 of the Communications Act of 1934, 
as amended, 47 U.S.C. 151, 154, 206, 208, 225, 226, 227, 228, 255, 258, 
301, 303, 309(e), 312, 362, 364, 386, and 507; secs. 504 and 508 of the 
Rehabilitation Act, 29 U.S.C. 794; and 47 CFR 1.711 et seq., 6.15 et 
seq., 7.15 et seq., and 64.604.

PURPOSE(S):
    The records in this system of records are used by Commission 
personnel to handle and process informal complaints received from 
individuals, groups, and other entities. Records in this system are 
available for public inspection after redaction of information that 
could identify the complainant or correspondent, including, but not 
limited to, information such as name, address, and/or telephone number.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    This system of records is used by Commission personnel to handle 
and process informal complaints received from individuals, groups, and 
other entities.
    1. When a record in this system involves an informal complaint, the 
complaint may be forwarded to the defendant entity for a response.
    2. When an order or other Commission-issued document that includes 
consideration of informal complaints is entered by the FCC to implement 
the Communications Act, pertinent rule, regulation, or order of the 
FCC, the complainant's name and/or telephone number may be made public 
in that order or document.
    3. Where there is an indication of a violation or potential 
violation of a statute, regulation, rule, or order, records from this 
system may be referred to the appropriate Federal, state, or local 
agency responsible for investigating or prosecuting a violation or for 
enforcing or implementing the statute, rule, regulation, or order.
    4. A record on an individual in this system of records may be 
disclosed, where pertinent, in any legal proceeding to which the 
Commission is a party before a court or administrative body.
    5. A record from this system of records may be disclosed to the 
Department of Justice or in a proceeding before a court or adjudicative 
body when:
    (a) The United States, the Commission, a component of the 
Commission, or, when represented by the government, an employee of the 
Commission is a party to litigation or anticipated litigation or has an 
interest in such litigation, and
    (b) The Commission determines that the disclosure is relevant or 
necessary to the litigation.
    6. A record on an individual in this system of records may be 
disclosed to a Congressional office in response to an inquiry the 
individual has made to the Congressional office.
    7. A record from this system of records may be disclosed to GSA and 
NARA for the purpose of records management inspections conducted under 
authority of 44 U.S.C. 2904 and 2906. Such disclosure shall not be used 
to make a determination about individuals.
    In each of these cases, the FCC will determine whether disclosure 
of the records is compatible with the purpose for which the records 
were collected.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper copies of records in this system of records are maintained in 
file folders and electronic files are located in computer databases on 
the FCC internal network.

RETRIEVABILITY:
    Records are retrieved by individual name, entity name, licensee, 
applicant or unlicensed individual, call sign, file number, or subject 
matter.

SAFEGUARDS:
    Records are stored in locked cabinets, which are secured in the 
office at the close of the business day. Access to computer records is 
controlled by password. Computer systems are stored within secure 
areas. Data resident on network servers are backed-up daily to magnetic 
media. One week of back-up tapes is stored on-site in fireproof safes. 
Each week, the previous week's back-up tapes are sent to an off-site 
storage location. A maximum of ten weeks of tapes are kept and cycled 
in this fashion.

RETENTION AND DISPOSAL:
    The records are retained at the FCC and then destroyed in 
accordance with the appropriate records retention schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    Chief, Consumer Information Bureau, Federal Communications 
Commission, 445 12th Street, Room 5-C758, SW., Washington, DC 20554.

NOTIFICATION PROCEDURE:
    Address inquiries to the system manager.

RECORD ACCESS PROCEDURES:
    Address inquiries to the system manager. An individual requesting 
access must follow FCC Privacy Act regulations regarding verification 
of identity and amendment of records. See 47 CFR 0.554-0.557.

CONTESTING RECORD PROCEDURES:
    Address inquiries to the system manager.

RECORD SOURCE CATEGORIES:
    Complainants and subject entities.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 01-18555 Filed 7-23-01; 8:45 am]
BILLING CODE 6712-01-P