[Federal Register Volume 66, Number 197 (Thursday, October 11, 2001)]
[Notices]
[Pages 51955-51957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25601]


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

FEDERAL COMMUNICATIONS COMMISSION


Privacy Act System of Records

AGENCY: Federal Communications Commission (FCC or Commission).

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

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

SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a(e)(4), the FCC has amended and is republishing 
the proposed alteration of a systems of records, FCC/CIB-1, ``Informal 
Complaints and Inquiries.'' The amended and altered system of records 
incorporates the provisions of FCC/CIB-4, ``Telephone and Electronic 
Contacts,'' revises two routine uses to incorporate comments received 
following the initial publication of the altered system of records, and 
makes other edits and revisions as necessary. The FCC will eliminate 
FCC/CIB-4.

DATES: The amended and altered system, which incorporates the comments 
received following the initial publication, shall become effective 
October 11, 2001.

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 amendment of 
the proposed alteration of a system of records maintained by the FCC, 
in response to comments received following the initial publication in 
the Federal Register. The purpose of altering FCC/CIB-1, ``Information 
Complaints and Inquiries,'' is to enable the Consumer Information 
Bureau to handle and process informal complaints filed against common 
carriers 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's proposal achieves this purpose by amending and 
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 amendment of the proposed revision of one routine use to 
address informal complaints filed against common carriers, pursuant to 
Section 208 of the Communications Act of 1934, as amended:
    Routine use (1) to allow disclosure when a record in this system 
involves an informal complaint filed against a common carrier, the 
complaint may be

[[Page 51956]]

forwarded to the defendant carrier for a response, pursuant to Section 
208 of the Communications Act of 1934, as amended.
    The addition and amendment of one routine use to address informal 
complaints filed against common carriers:
    Routine use (2) to allow disclosure when an order or other 
Commission-issued document that includes consideration of informal 
complaints filed against common carriers is entered by the FCC to 
implement or enforce the Communications Act, pertinent rule, 
regulation, or order of the FCC, the complainant's name may be made 
public in that order or document. Where a complainant in filing his or 
her complaint explicitly requests that the bureau withhold his or her 
name from public disclosure, such a request will be granted and the 
complainant's name will not be disclosed in the Commission-issued 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 filed against common carriers 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 functions in this system of records will be performed by 
the Consumer Information Bureau (CIB).
    This notice meets the requirement to notify the public that the FCC 
is amending the proposed changes in the Commission's system of records 
by incorporating changes responsive to comments that were received 
following the initial publication at 66 FR 38425, July 24, 2001. With 
this notification, this system of records is effective October 11, 
2001.
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 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 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:
    Sections 151, 154, 206, 208, 225, 226, 227, 228, 255, 258, 301, 
303, 309(e), 312, 362, 364, 386, 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, 507; Sections 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, i.e., 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 
filed against a common carrier, the complaint may be forwarded to the 
defendant carrier for a response, pursuant to Section 208 of the 
Communications Act of 1934, as amended.
    2. When an order or other Commission-issued document that includes 
consideration of informal complaints filed against common carriers is 
entered by the FCC to implement or enforce the Communications Act, 
pertinent rule, regulation, or order of the FCC, the complainant's name 
may be made public in that order or document. Where a complainant in 
filing his or her complaint explicitly requests that the bureau 
withhold his or her name from public disclosure, such a request will be 
granted and the complainant's name will not be disclosed in the 
Commission-issued 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 
implementing or enforcing 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.

[[Page 51957]]

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable unless the consumer reporting agencies include 
consumer advocacy groups.

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.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-25601 Filed 10-10-01; 8:45 am]
BILLING CODE 6712-01-P