[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Notices]
[Pages 59978-59981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27665]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act System of Records

AGENCY: Federal Communications Commission (FCC or Commission).

ACTION: Notice; one new Privacy Act system of records.

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SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as 
amended (5 U.S.C. 552a), the FCC proposes to add a new system of 
records, FCC/MB-1, ``Ownership Report for Commercial Broadcast 
Stations.'' The FCC's Media Bureau (MB) will use the information 
contained in FCC/MB-1 to administer the FCC's regulatory 
responsibilities that relate to ownership of commercial broadcast 
stations, including AM and FM radio and television, as well as to 
interests in daily newspapers that are subject to the Commission's 
media ownership rules. The Commission uses these records in this 
system:
    To address the data contained in responses to FCC Form 323, 
``Ownership Report for Commercial Broadcast Stations,'' which the 
Commission uses to evaluate licensees' or permittees' compliance with 
the Commission's media ownership rules, etc. This form is filed:
    To satisfy the biennial filing requirement (Biennial Ownership 
Report);
    As a validation or resubmission of a previously filed Biennial 
Report;
    In connection with the transfer of control or assignment of a 
broadcast station;
    By a permittee (within 30 days of the grant of a construction 
permit grant) (``Permittee Report'') and on the date that it files its 
license application;
    As an update or certification of accuracy of the initial Permittee 
Report; or
    As an amendment of a previously filed Ownership Report.
    To undertake studies of minority and female ownership that support 
its diversity policy goals and other ownership studies to support its 
statutory requirement to review the media ownership goals quadrennially 
to determine whether they are necessary in the public interest as the 
result of competition.
    Any other uses of FCC Form 323 within the Commission's authority.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (e)(11) of the 
Privacy Act of 1974, as amended, any interested person may submit 
written comments concerning the routine uses of this system on or 
before December 21, 2009. 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. The FCC is 
requesting this waiver because the FCC has obtained OMB approval for a 
revised Form 323, which has been revised to allow the form to be used 
as the basis of studies of minority and female ownership as well as 
ownership studies to support the upcoming statutorily required 2010 
quadrennial review of the Commission's media ownership rules. To allow 
trend studies to be undertaken, the Commission has set a uniform date 
as to when the information reported on the form must be current, 
October 1 of the applicable filing year. However, because of time 
required to obtain OMB approval, the Commission, on a one-time-only 
basis, changed the ``as of'' date to November 1, 2009. Public notice of 
OMB approval of the revised Form 323 was published in the Federal 
Register on October 30, 2009, and the revised form became effective on 
that date. The Commission has established a deadline of December 15, 
2009 by which the form must be filed. The Commission established a 
filing deadline that is as early as possible so that studies based on 
the data may be commenced quickly. At the same time, the Commission 
sought to provide as much time as possible for the form to be available 
before the filing date so that the public has ample time to work with 
the revised form.
    The proposed new system of records will become effective on 
December 21, 2009, unless the FCC receives comments that require a 
contrary determination. The FCC will publish a document in the Federal 
Register notifying the public if any changes are necessary. As required 
by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, the FCC is 
submitting reports on this proposed new system to OMB and to both 
Houses of Congress.

ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst, 
Performance Evaluation and Records Management (PERM), Room 1-C216, 
Federal Communications Commission (FCC), 445 12th Street, SW., 
Washington, DC 20554, (202) 418-0217, or via the Internet at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, Performance 
Evaluation and Records Management (PERM), Room 1-C216, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554, 
(202) 418-0217

[[Page 59979]]

or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth 
notice of the proposed new system of records maintained by the FCC. 
This notice is a summary of the more detailed information about the 
proposed new system of records, which may be viewed at the location 
given above in the ADDRESSES section. The purposes for adding this new 
system of records, FCC/MB-1, Ownership Report for Commercial Broadcast 
Stations,'' are to enable the FCC's Media Bureau (MB) to administer the 
FCC's regulatory responsibilities that relate to ownership of 
commercial broadcast stations, including AM and FM radio and 
television, as well as to interests in daily newspapers that are 
subject to the Commission's media ownership rules. The Commission uses 
these records in this system:
    (1) To address the data contained in responses to FCC Form 323, 
``Ownership Report for Commercial Broadcast Stations,'' which the 
Commission uses to evaluate licensees' or permittees' compliance with 
the Commission's media ownership rules, etc. This form is filed:
    (a) To satisfy the biennial filing requirement (Biennial Ownership 
Report);
    (b) As a validation or resubmission of a previously filed Biennial 
Report;
    (c) In connection with the transfer of control or assignment of a 
broadcast station;
    (d) By a permittee (within 30 days of the grant of a construction 
permit grant) (``Permittee Report'') and on the date that it files its 
license application;
    (e) As an update or certification of accuracy of the initial 
Permittee Report; or
    (f) As an amendment of a previously filed Ownership Report.
    (2) To undertake studies of minority and female ownership that 
support its diversity policy goals and other ownership studies to 
support its statutory requirement to review the media ownership goals 
quadrennially to determine whether they are necessary in the public 
interest as the result of competition.
    (3) Any other uses of FCC Form 323 within the Commission's 
authority.
    This notice meets the requirement documenting the proposed new 
system of records that is to be added to the systems of records that 
the FCC maintains, and provides the public, Congress, and the Office of 
Management and Budget with an opportunity to comment.
FCC/MB-1

SYSTEM NAME:
    Ownership Report for Commercial Broadcast Stations.

SECURITY CLASSIFICATION:
    The FCC's Security Operations Center (SOC) has not assigned a 
security classification to this system of records.

SYSTEM LOCATION:
    Media Bureau (MB), Federal Communications Commission (FCC), 445 
12th Street, SW., Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    (1) Licensees, permittees, and respondents, and other individuals 
or entities with interests therein that are required to be reported on 
the Form 323 (as described below) who must either file FCC Form 323 or 
have their interests reported on Form 323 under 47 CFR 73.3615, 
73.6026, and 74.797;
    (2) Contact individuals, e.g., representatives, relating to 
commercial AM, FM, and TV broadcast stations, and/or newspapers that 
are subject to the Commission's media ownership rules, as required 
under 47 CFR 73.3555, etc.;
    (3) Individuals with ownership or attributable interests in media 
companies subject to the Commission's ownership rules or otherwise 
required to be reported on FCC Form 323;
    (4) Individuals who are married to or otherwise related, i.e., 
parent-child or siblings, etc., to other individuals who have 
attributable, reportable, and/or ownership interests and who must 
either file FCC Form 323 or have their interests reported on FCC Form 
323.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (1) Information that is required to be submitted on FCC Form 323, 
``Ownership Report for Commercial Broadcast Stations,'' including the 
ownership or other interests of the licensee/permittee/respondent, home 
mailing address, home telephone number, home e-mail address, listing 
type, relationship to licensee/permittee/respondent/other interest 
holder, positional interest, marital/familial relationship, and gender, 
ethnicity, race, and citizenship, etc.;
    (2) All exhibits, organizational charts, correspondence, i.e., 
letters, etc., supporting documentation, and other materials, etc., 
which are associated with processing the FCC Form 323, ``Ownership 
Report for Commercial Broadcast Station,'' submission(s); and
    (3) Any other records that are submitted in connection with or 
created as the result of the filing of FCC Form 323.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 CFR 73.3555, 73.3615, 73.6026, and 74.797.

PURPOSES:
    The records are kept to administer the Federal Communications 
Commission's (FCC) regulatory responsibilities that relate to ownership 
of commercial broadcast stations, including AM and FM radio and 
television, as well as to interests in daily newspapers that are 
subject to the Commission's media ownership rules. The Commission uses 
these records in this system:
    (1) To address the data contained in responses to FCC Form 323, 
``Ownership Report for Commercial Broadcast Stations,'' which the 
Commission uses to evaluate licensees' or permittees' compliance with 
the Commission's media ownership rules, etc. This form is filed:
    (a) To satisfy the biennial filing requirement (Biennial Ownership 
Report);
    (b) As a validation or resubmission of a previously filed Biennial 
Report;
    (c) In connection with the transfer of control or assignment of a 
broadcast station;
    (d) By a permittee (within 30 days of the grant of a construction 
permit grant) (``Permittee Report'') and on the date that it files its 
license application;
    (e) As an update or certification of accuracy of the initial 
Permittee Report; or
    (f) As an amendment of a previously filed Ownership Report.
    (2) To undertake studies of minority and female ownership that 
support its diversity policy goals and other ownership studies to 
support its statutory requirement to review the media ownership goals 
quadrennially to determine whether they are necessary in the public 
interest as the result of competition.
    (3) Any other uses of FCC Form 323 within the Commission's 
authority.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Information about individuals in this system of records may 
routinely be disclosed under the following conditions:
    1. Public Access--under the rules of the Commission, documents 
filed under CDBS are publicly available;
    2. Adjudication and Litigation--where by careful review, the agency

[[Page 59980]]

determines that the records are both relevant and necessary to 
litigation and the use of such records is deemed by the agency to be 
for a purpose that is compatible with the purpose for which the agency 
collected the records, these records may be used by a court or 
adjudicative body in a proceeding when: (a) the agency or any component 
thereof; or (b) any employee of the agency in his or her official 
capacity; or (c) any employee of the agency in his or her individual 
capacity where the agency has agreed to represent the employee; or (d) 
the United States Government is a party to litigation or has an 
interest in such litigation;
    3. Financial Obligations under the Debt Collection Acts--a record 
from this system may be disclosed to other Federal agencies for the 
purpose of collecting and reporting on delinquent debts as authorized 
by the Debt Collection Act of 1982 or the Debt Collection Improvement 
Act of 1996. A record from this system may be disclosed to any Federal, 
state, or local agency to conduct an authorized computer matching 
program in compliance with the Privacy Act of 1974, as amended, to 
identify and locate individuals who are delinquent in their repayment 
of certain debts owed to the U.S. Government. A record from this system 
may be used to prepare information on items considered income for 
taxation purposes to be disclosed to Federal, state, and local 
governments;
    4. Law Enforcement and Investigation--where there is an indication 
of a violation or potential violation of a statute, regulation, rule, 
or order, records from this system may be shared with appropriate 
Federal, State, or local authorities either for purposes of obtaining 
additional information relevant to a FCC decision or for referring the 
record for investigation, enforcement, or prosecution by another 
agency;
    5. Congressional Inquiries--when requested by a Congressional 
office in response to an inquiry by an individual made to the 
Congressional office for their own records;
    6. Government-wide Program Management and Oversight--when requested 
by the National Archives and Records Administration for the purpose of 
records management inspections conducted under authority of 44 U.S.C. 
2904 and 2906; when the U.S. Department of Justice is contacted in 
order to obtain that department's advice regarding disclosure 
obligations under the Freedom of Information Act; or when the Office of 
Management and Budget is contacted in order to obtain that office's 
advice regarding obligations under the Privacy Act; and
    7. Breach Notification--a record from this system may be disclosed 
to appropriate agencies, entities, and persons when (1) the Commission 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) the 
Commission has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by the Commission or another agency or entity) that rely 
upon the compromised information; and (3) 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 compromise and prevent, minimize, or remedy such harm.
    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:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The Broadcast Station Ownership database is the repository for all 
electronically filed ownership reports and associated information, 
including exhibits (e.g., organizational charts, appendices, scanned 
images, and all other supplementary documents and materials, etc.). All 
Form 323 filings must be submitted electronically (e.g., paper copy 
filings are not acceptable) via the Media Bureau Electronic Filing 
system at: http://www.fcc.gov/mb/elecfile.html.

RETRIEVABILITY:
    Information in this system is publicly retrievable. The information 
may be viewed via the ``Public Access'' Search functionality in the 
Consolidated Database System (CDBS) at: http://www.fcc.gov/mb/elecfile.html by clicking on the ``Ownership Search'' link. Information 
may be retrieved by searching electronically using a variety of 
parameters including the call sign, facility ID number, service, file 
number, application type, channel, frequency, community of license city 
and state, name of the licensee/permittee, or name/address of the 
person or entity holding the interest reported on Form 323. All 
ownership data can also be downloaded via a set of files that 
correspond to database tables from the Media Bureau Public CDBS 
Database Files Web site: http://www.fcc.gov/mb/databases/cdbs. 
Information is retrieved internally via database commands by authorized 
FCC staff and contractors who have been granted permission to access 
the data.

SAFEGUARDS:
    Information in these records and files is available to the public 
via the FCC Internet portal at: http://www.fcc.gov/mb/elecfile.html. 
Access to the ownership records housed in the CDBS databases is 
restricted to authorized MB supervisory and staff and ITC staff and 
contractors. Other employees and contractors may be granted access on a 
``need-to-know'' basis. The CDBS network computer databases are 
protected by the FCC's security protocols, which include controlled 
access, passwords, and other security features. Information resident on 
the CDBS database server is backed-up routinely onto magnetic media. 
Back-up tapes are stored on-site and at a secured location.

RETENTION AND DISPOSAL:
    The information in this system is limited to electronic files, 
records, and data, which includes:
    (1) The information that pertains to current filing requirements; 
and
    (2) The information that pertains to historical records, which is 
used for archival purposes.
    Until the National Archives and Records Administration (NARA) 
approves the retention and disposal schedule, these records will be 
treated as permanent.

SYSTEM MANAGER(S) AND ADDRESS(ES):
    Address inquiries to the Media Bureau (MB), Federal Communications 
Commission (FCC), 445 12th Street, SW., Washington, DC 20554.

NOTIFICATION PROCEDURE:
    Address inquiries to the Media Bureau (MB), Federal Communications 
Commission (FCC), 445 12th Street, SW., Washington, DC 20554.

RECORD ACCESS PROCEDURES:
    Address inquiries to the Media Bureau (MB), Federal Communications 
Commission (FCC), 445 12th Street, SW., Washington, DC 20554.

CONTESTING RECORD PROCEDURES:
    Address inquiries to the Media Bureau (MB), Federal Communications 
Commission (FCC), 445 12th Street, SW., Washington, DC 20554.

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RECORD SOURCE CATEGORIES:
    The sources for the information in this system include all entities 
that are required to file an ownership report, either biennially or at 
other occasions, under Sec. Sec.  73.3615, 73.6026, and 74.797 of the 
Commission's rules. These entities include, but are not limited to:
    (1) Licensees, permittees, and respondents, and other individuals 
or entities with interests therein that are required to be reported on 
the Form 323 (as described below) who must either file FCC Form 323 or 
have their interests reported on Form 323 under 47 CFR 73.3615, 
73.6026, and 74.797;
    (2) Contact individuals, e.g., representatives, relating to 
commercial AM, FM, and TV broadcast stations, and/or newspapers that 
are subject to the Commission's media ownership rules, as required 
under 47 CFR 73.3555, etc.;
    (3) Individuals with ownership or attributable interests in media 
companies subject to the Commission's ownership rules or otherwise 
required to be reported on FCC Form 323; and
    (4) Individuals who are married to or otherwise related, i.e., 
parent-child or siblings, etc., to other individuals who have 
attributable, reportable, and/or ownership interests and who must 
either file FCC Form 323 or have their interests reported on FCC Form 
323.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-27665 Filed 11-18-09; 8:45 am]
BILLING CODE 6712-01-P