[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66356-66359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29815]


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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; revision of 
four routine uses; and addition of one new routine use.

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SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as 
amended (Privacy Act), 5 U.S.C. 552a, the FCC proposes to change the 
name of and alter one system of records, FCC/CGB-1, ``Informal 
Complaints and Inquiries'' (formerly FCC/CIB-1, ``Informal Complaints 
and Inquiries''). The altered system of records incorporates a change 
to the system's name. The FCC also will alter the categories of 
individuals; the categories of records; the purposes for which the 
information is maintained; four routine uses (and add a new routine 
use); the storage, retrievability, access, safeguard, and retention and 
disposal procedures; and make other edits and revisions as necessary to 
comply with the requirements of the Privacy Act.

DATES: In accordance with subsections (e)(4) and (e)(11) of the Privacy 
Act, any interested person may submit written comments concerning the 
alteration of this system of records on or before January 14, 2010. The 
Office of Management and Budget (OMB), which has oversight 
responsibility under the Privacy Act to review the system of records, 
may submit comments on or before January 25, 2010. The proposed system 
of records will become effective on January 25, 2010 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. As required by 5 U.S.C. 552a(r) of the 
Privacy Act, the FCC is submitting reports on this proposed altered 
system to OMB and to both Houses of Congress.

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

FOR FURTHER INFORMATION CONTACT: Contact Leslie F. Smith, Performance 
Evaluation and Records Management, Room 1-C216, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554, (202) 418-0217 
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 alteration of one system of records maintained 
by the FCC, revision of four routine uses, and addition of one new 
routine use. The FCC previously gave complete notice of the system of 
records (FCC/CIB-1, ``Informal Complaints and Inquiries'') covered 
under this Notice by publication in the Federal Register on October 11, 
2001 (66 FR 51955). This notice is a summary of the more detailed 
information about the proposed altered system of records, which may be 
viewed at the location given above in the ADDRESSES section. The 
purposes for altering FCC/CGB-1, ``Informal Complaints and Inquiries,'' 
are to change the name of the system; to revise the categories of 
individuals; to revise the categories of records; to revise the 
purposes for which the information is maintained; to revise four 
routine uses and add a new routine use; to revise the storage, 
retrievability, access, safeguard, and retention and disposal 
procedures; and to make other edits and revisions as necessary to 
comply with the requirements of the Privacy Act.
    The FCC will achieve these purposes by altering this system of 
records with these changes:
    Revision of the language explaining the Security Classification;
    Revision of the language regarding the categories of individuals in 
the system, for clarity and to add that electronic submissions include 
e-mail, Internet, and fax, etc.;
    Revision of the language regarding the categories of records in the 
system, for clarity and to add that the categories of records may 
include submissions that individuals make using fax, voice (telephone 
calls), Internet e-mails, etc., and via the FCC Web portal at http://www.fcc.gov;
    Revision of the language regarding the purposes for which the 
information is maintained, to clarify that the redacted information 
includes that such as the complainant's name, address, telephone 
number, fax number, and/or e-mail address;
    Revision of Routine Use (1) to expand the list of entities, against 
whom informal complaints have been filed, to whom the Commission may 
forward such complaints. Those entities now include telecommunications 
providers, broadcasters, multi-channel video program distributors, 
voice-over-Internet-protocol providers, and/or wireless providers. 
Routine Use (1) also is revised to add Sections 4(i) and 303(r) of the 
Communications Act of 1934, as amended (Communications Act), as 
authority:
    Routine Use (1) now allows disclosure when a record in this system 
involves an informal complaint filed against telecommunications 
providers,

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broadcasters, multi-channel video program distributors, voice-over-
Internet-protocol providers, and/or wireless providers. The complaint 
may be forwarded to the subject company for a response, pursuant to 
Sections 4(i), 208, and 303(r) of the Communications Act.
    Revision of Routine Use (2) to expand the list of entities, against 
whom informal complaints have been filed and concerning whom the 
Commission has issued an order or other document, to include 
telecommunications providers, broadcasters, multi-channel video program 
distributors, voice-over-Internet-protocol providers, and/or wireless 
providers:
    Routine Use (2) allows disclosure when an order or other 
Commission-issued document that includes consideration of informal 
complaints filed against telecommunications providers, broadcasters, 
multi-channel video program distributors, voice-over-Internet-protocol 
providers, and/or wireless providers is entered by the FCC to implement 
or enforce the Communications Act, pertinent rule, regulation, or order 
of the FCC; in such a case, 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.
    Revision of Routine Use (3) to add Tribal to the list of 
appropriate agencies to whom a violation or potential violation of a 
statute, regulation, rule, or order may be referred:
    Routine Use (3) allows disclosure where there is an indication of a 
violation or potential violation of a statute, regulation, rule, or 
order; in such a case, records from this system may be referred to the 
appropriate Federal, State, Tribal, or local agency responsible for 
investigating or prosecuting a violation or for implementing or 
enforcing the statute, rule, regulation, or order.
    Revision of Routine Use (7) to replace the General Services 
Administration with the Government Accountability Office (GAO) as one 
of the agencies to whom disclosure may be made for the purpose of 
records management inspections:
    Routine Use (7) allows disclosure to the GAO and the National 
Archives and Records Administration (NARA) for the purpose of records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906, and provides that such disclosure shall not be used to make a 
determination about individuals.
    Addition of a new Routine Use (8) to comply with OMB Memorandum M-
07-16 (May 22, 2007) governing ``breach notifications'':
    Routine Use (8) allows disclosure 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.
    Revision of the response pertaining to the FCC's disclosure of 
information in the system to consumer reporting agenices to note that 
there is no disclosure.
    Revision of the policies and practices for storing, retrieving, 
accessing, retaining, and disposing of records in the system to make 
them consistent with the Consumer and Governmental Affairs Bureau's 
(CGB) current policies and practices and to comport with the 
requirements of the NARA records control schedule N1-173-07-1, which is 
approved for this agency;
    Revision of, updating, and otherwise changing the language in the 
system of records notice, as necessary, to make it comply with the 
requirements for how CGB handles the informal complaints and inquiries 
that it receives from individuals, groups, and other entities on 
matters arising under the Communications Act and the Rehabilitation 
Act; and
    Revision or modification of other data elements in FCC/CGB-1, as 
required to make editorial changes to, update, simplify, or clarify, as 
necessary, this system of records notice.
    CGB will use the records in FCC/CGB-1 to handle and process 
informal complaints and inquiries received from individuals, groups, 
and other entities. Records in this system will be available for public 
inspection after redaction of information that could identify the 
complainant or correspondent, such as the complainant's name, address, 
telephone number, fax number, and/or e-mail address.
    This notice meets the requirement of documenting the changes to the 
systems of records that the FCC maintains, and provides the public, 
Congress, and OMB an opportunity to comment.
FCC/CGB-1

SYSTEM NAME:
    Informal Complaints and Inquiries.

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

SYSTEM LOCATION:
    Consumer and Governmental Affairs Bureau (CGB), 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:
    The categories of individuals in this system include individuals, 
groups, and other entities who make or have made informal complaints or 
inquiries in any format, including, but not limited to, paper, 
telephone, and electronic submissions, including e-mail, Internet, and 
fax, etc., on matters arising under the Communications Act of 1934, as 
amended, and the Rehabilitation Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system include both computerized 
information contained in a database and paper copies of inquiries, 
informal complaints, and related supporting information made by 
individuals, groups, or other entities; and company replies to 
complaints, inquiries, and Commission letters regarding such complaints 
and inquiries.
    The categories of records may also include submissions that 
individuals make using fax, voice (telephone calls), Internet e-mail, 
etc., and via the FCC Web portal at: http://www.fcc.gov.

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.

PURPOSES:
    The records in this system are used by Commission personnel to 
handle and process informal complaints received

[[Page 66358]]

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, such as the 
complainant's name, address, telephone number, fax number, and/or e-
mail address.

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. When a record in this system involves an informal complaint 
filed against telecommunications providers, broadcasters, multi-channel 
video program distributors, voice-over-Internet-protocol providers, 
and/or wireless providers, the complaint may be forwarded to the 
subject company for a response, pursuant to Sections 4(i), 208, and 
303(r) 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 telecommunications 
providers, broadcasters, multi-channel video program distributors, 
voice-over-Internet-protocol providers, and/or wireless providers 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, Tribal, 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 the 
Government Accountability Office (GAO) and the National Archives and 
Records Administration (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.
    8. 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 Consumer and Governmental Affairs Bureau staff logs consumer 
informal complaints and inquiries that it receives into its Complaint 
and Inquiry Management System (CIMS), Consolidated Complaint Management 
System (CCMS), and other electronic databases and network databases not 
specifically named here that are used to store consumer informal 
complaints and inquiries. Each informal submission is automatically 
assigned a file identification number for future reference when the 
case is entered into one of the databases. This identification number 
tracks consumer submissions and assists with identification of 
duplicate filings, which occur when consumers file multiple 
submissions. Confidential paper submissions are moved to a locked 
storage room for safekeeping. All records are kept in accordance with 
the agency records control schedule approved by NARA.

RETRIEVABILITY:
    Information, e.g., records, files, and data, etc., in this system 
may be retrieved by the individual's personal identifiers, (i.e., name, 
street address, e-mail address, and phone number), entity name, program 
name, date received and date closed, problem description field, and/or 
call sign.

SAFEGUARDS:
    Electronic records that emanate from these informal complaint and 
inquiry submissions are maintained in CIMS, CCMS or other electronic 
and network computer databases not specifically named here, which are 
secured through controlled access and passwords restricted to a limited 
number of FCC employees or contractors working on informal complaints 
and inquiries. In addition, as an added security measure, the staff in 
the Consumer and Governmental Affairs Bureau, Enforcement Bureau, and 
other FCC bureaus and offices who are assigned responsibility for 
resolution of these records in CIMS are only allowed access to these 
records via a ``license'' that also tracks their use of the records. 
Confidential paper submissions are moved to a locked storage room for 
safekeeping.

RETENTION AND DISPOSAL:
    The information in this system is limited to electronic data, paper 
files, and audio files, e.g., telephone call records, etc. The 
information is retained at the FCC and then destroyed in accordance 
with the agency records control schedule N1-173-07-1, approved by NARA, 
which generally requires that source records are destroyed three years 
after data is entered into the system, and records in the masterfile 
are destroyed three years after the case is closed.

SYSTEM MANAGERS AND ADDRESS:
    Address inquiries to the Office of Managing Director or the 
Consumer and

[[Page 66359]]

Governmental Affairs Bureau, Federal Communications Commission, 445 
12th Street, SW., Washington, DC 20554.

NOTIFICATION PROCEDURE:
    Address inquiries to the Office of Managing Director or the 
Consumer and Governmental Affairs Bureau, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554.

RECORD ACCESS PROCEDURES:
    Address inquiries to the Office of Managing Director or Consumer 
and Governmental Affairs Bureau, Federal Communications Commission, 445 
12th Street, SW., Washington, DC 20554.
    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 Office of Managing Director or Consumer 
and Governmental Affairs Bureau, Federal Communications Commission, 445 
12th Street, SW., Washington, DC 20554.

RECORD SOURCE CATEGORIES:
    The sources for the information in this system include the 
complainants and subject entities.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Marlene H. Dortch,
Secretary, Federal Communications Commission.
[FR Doc. E9-29815 Filed 12-14-09; 8:45 am]
BILLING CODE 6712-01-P