[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Pages 41497-41500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17775]


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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.

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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 alter one 
system of records, FCC/OSP-1, ``Broadband Dead Zone Report and Consumer 
Broadband Test.'' The altered system of records incorporates more 
details about the voluntary fixed and mobile consumer broadband test. 
The FCC will also alter the categories of individuals; categories of 
records; the purposes for which the information is maintained; the 
retrievability procedures; Routine Use (5); and delete Routine Use (2); 
and make other edits and revisions as necessary to update the 
information and to comply with the requirements of the Privacy Act.

DATES: In accordance with 5 U.S.C. 552a(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 August 
15, 2011. The Office of Information and Regulatory Affairs (OIRA), 
Office of Management and Budget (OMB), which has oversight 
responsibility under the Privacy Act to review the system of records, 
and Congress may submit comments on or before August 23, 2011. The 
proposed altered system of records will become effective on August 23, 
2011 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 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, or via the Internet at [email protected].

FOR FURTHER INFORMATION CONTACT: Contact Leslie F. Smith, 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].

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. The FCC previously gave complete notice of the system of 
records (FCC/OSP-1, ``Broadband Dead Zone Report and Consumer Broadband 
Test'') covered under this Notice by publication in the Federal 
Register on April 7, 2010 (75 FR 17738). 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/OSP-1, ``Broadband 
Dead Zone Report and Consumer Broadband Test'' are to revise

[[Page 41498]]

the categories of individuals; to revise the categories of records; to 
the revise purposes for which the information is maintained; to revise 
Routine Use (5); to delete Routine Use (2); to revise the 
retrievability procedures; and to make other edits and revisions as 
necessary to update the information and 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 regarding the 
categories of individuals in the system, for clarity and to add that 
the categories of individuals in this system include individuals who 
participate in the Broadband Dead Zone Report voluntary survey and 
individuals who participate in both the fixed and mobile versions of 
the voluntary Consumer Broadband Test.
    Revision of the language regarding the categories of records in the 
system, for clarity and to add that the categories of records in this 
system include the street address, city, state, zip code, of each 
individual who selects to participate in the Broadband Dead Zone Report 
voluntary survey and each individual who participates in both the fixed 
and mobile versions of the voluntary Consumer Broadband Test. The 
voluntary fixed and mobile Consumer Broadband Test also collects the 
``Internet Protocol (IP) address'' of each user who selects to 
participate. The voluntary fixed and mobile consumer broadband test 
collects the ``unique handset identification number'' of each 
individual's smartphone used to access the test, and collects the 
location reported by each user's handset (reported as a latitude and 
longitude point) at the moment the user initiates the test.
    Revision of the language regarding the purposes for which the 
information is maintained, for clarity and to add that the Commission 
uses the records in this system collected from the Broadband Dead Zone 
Report and the voluntary fixed and mobile Consumer Broadband Test to 
determine the access of US residents to broadband--cable, DSL, fiber, 
mobile wireless, and other broadband services, and to gather data on 
the quality of the broadband services being provided. The Consumer 
Broadband Test permits users to measure the quality of their fixed or 
mobile Internet broadband connection. Individual street addresses, IP 
addresses, mobile handset location, and unique handset identification 
numbers are not made public by the FCC, but aggregated or anonymized 
data from the database may be made public. Additionally, IP addresses, 
mobile handset location, and unique handset identification numbers may 
be shared with FCC software partners as part of the Consumer Broadband 
Test application. These partners may publish the IP address, mobile 
handset location, unique handset identification numbers, and broadband 
performance data, or otherwise make this information available to the 
public (but the IP address is not associated with a street address). 
These data may be used to inform implementation of the National 
Broadband Plan, the National Broadband Map, and other proceedings 
related to the provisioning of broadband services.
    Minor revision to each of the Routine Uses to add a title to each 
use for clarity;
    Deletion of Routine Use (2) which the Commission has determined is 
duplicated by Routine Use (3) and its, therefore, redundant;
    Revision of Routine Use (5) to add the Department of Justice (DOJ) 
and the Office of Management and Budget (OMB) to the Federal agencies 
to whom the Commission may disclose information in this system of 
records and for the reasons listed: Government-wide Program Management 
and Oversight--A record from this system of records may be disclosed to 
General Services Administration (GSA) and to 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; to 
the U.S. Department of Justice (DOJ) in order to obtain that 
department's advice regarding disclosure obligations under the Freedom 
of Information Act; or to the Office of Management and Budget (OMB) in 
order to obtain that office's advice regarding obligations under the 
Privacy Act. Such disclosure shall not be used to make a determination 
about individuals; and
    Revision of the language regarding the policy and practice for 
retrieving records in the system, for clarity and to add a fifth and a 
sixth broadband Internet access question so that [i]nformation in the 
Broadband Dead Zone Report and voluntary fixed and mobile Consumer 
Broadband Test system may be retrieved by the responses to the 
broadband Internet access questions: (1) Broadband access (yes/no); (2) 
broadband service availability (check boxes for types of broadband 
services available at an individual's home); (3) the individual's home 
address: Street address, city, state, and zip code; (4) the 
individual's IP address; (5) the individual's reported handset 
location; and (6) the individual's unique handset identifcation number. 
Furthermore, the information may be retreived and/or aggregated based 
upon other voluntary fixed and mobile Consumer Broadband Test 
variables, such as broadband speed, latency, jitter, and packet loss, 
among other broadband quality variables.
    This notice meets the requirement of documenting the changes to 
this system of records that the FCC maintains, and provides the public, 
OMB, and Congress an opportunity to comment.
FCC/OSP-1

System Name:
    Broadband Dead Zone Report and Consumer Broadband Test.

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

System Location:
    Office of Strategic Planning (OSP), Federal Communications 
Commission (FCC), 445 12th Street, SW., Washington, DC 20554.

Categories of Individuals Covered By The System:
    The categories of individuals in this system include individuals 
who participate in the Broadband Dead Zone Report voluntary survey and 
individuals who participate in both the fixed and mobile versions of 
the voluntary Consumer Broadband Test.

Categories of Records in the System:
    The categories of records in this system include the street 
address, city, state, zip code, of each individual who selects to 
participate in the Broadband Dead Zone Report voluntary survey and each 
individual who participates in both the fixed and mobile versions of 
the voluntary Consumer Broadband Test. The voluntary fixed and mobile 
Consumer Broadband Test also collects the ``Internet Protocol (IP) 
address'' of each user who selects to participate. The voluntary fixed 
and mobile consumer broadband tests collects the ``unique handset 
identification number'' of each individual's smartphone used to access 
the test, and collects the location reported by each user's handset 
(reported as a latitude and longitude point) at the moment the user 
initiates the test.

Authority for Maintenance of the System:
    Broadband Data Improvement Act of 2008, Public Law 110-385, Stat 
4096 Sec.  103(c)(1); American Reinvestment and Recovery Act of 2009 
(ARRA), Public Law 111-5, 123 Stat 115 (2009); and Communications Act, 
47 U.S.C. 154(i).

[[Page 41499]]

Purposes:
    The Commission uses the records in this system collected from the 
Broadband Dead Zone Report and the voluntary fixed and mobile Consumer 
Broadband Test to determine the access of U.S. residents to broadband--
cable, DSL, fiber, mobile wireless, and other broadband services, and 
to gather data on the quality of the broadband services being provided. 
The Consumer Broadband Test permits users to measure the quality of 
their fixed or mobile Internet broadband connection. Individual street 
addresses, IP addresses, mobile handset location, and unique handset 
identification numbers are not made public by the FCC, but aggregated 
or anonymized data from the database may be made public. Additionally, 
IP addresses, mobile handset location, and unique handset 
identification numbers may be shared with FCC software partners as part 
of the Consumer Broadband Test application. These partners may publish 
the IP address, mobile handset location, unique handset identification 
numbers, and broadband performance data, or otherwise make this 
information available to the public (but the IP address is not 
associated with a street address). These data may be used to inform 
implementation of the National Broadband Plan, the National Broadband 
Map, and other proceedings related to the provisioning of broadband 
services.

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. 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 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.
    2. Department of Justice, Courts, and Adjudicative Bodies--A record 
from this system of records may be disclosed to the Department of 
Justice (DOJ) 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.
    3. Congressional Inquiries--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.
    4. Government-wide Program Management and Oversight--A record from 
this system of records may be disclosed to General Services 
Administration (GSA) and to 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; to the U.S. 
Department of Justice (DOJ) in order to obtain that department's advice 
regarding disclosure obligations under the Freedom of Information Act; 
or to the Office of Management and Budget (OMB) in order to obtain that 
office's advice regarding obligations under the Privacy Act. Such 
disclosure shall not be used to make a determination about individuals.
    5. Data Breach--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.
    6. Public-Private Partnerships and the USDA Rural Development 
Agency's Telecommunications Program--The information collected through 
the Broadband Dead Zone Report and voluntary fixed and mobile Consumer 
Broadband Test, with the exception of any personally identifiable 
information (PII), may be shared with public-private partnerships and 
with the Telecommunications Program of the United States Department of 
Agriculture (USDA) Rural Development Agency. This sharing regime is 
described in the Commission's Broadband Data Order of 2008 (FCC 08-89).
    7. NTIA and State Designated Entities--The information collected 
through the Broadband Dead Zone Report and voluntary fixed and mobile 
Consumer Broadband Test, including the personally identifiable 
information (PII), may be shared with the National Telecommunications 
and Information Administration (NTIA) and the 56 State Designated 
Entities for the State Broadband Data & Development Grant Program, who 
are tasked with gathering broadband availability information that is 
delivered to the FCC and NTIA for compilation into the National 
Broadband Map. Any PII shared with these entities is disclosed under 
the rules of the agreement between NTIA and the state grantees 
governing the protection of sensitive, protected, or classified data 
collected pursuant to the grant program. The NTIA and the state 
grantees do not make any PII publicly available.
    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 information includes the electronic data and records that are 
stored in the FCC's computer network databases.

Retrievability:
    Information in the Broadband Dead Zone Report and voluntary fixed 
and mobile Consumer Broadband Test system may be retrieved by the 
responses to the broadband Internet access questions: (1)Broadband 
access (yes/no); (2) broadband service availability (check boxes for 
types of broadband services available at an individual's home); (3) the 
individual's home address: street address, city, state, and zip code; 
(4) the individual's IP address; (5) the individual's reported handset 
location; and (6) the individual's unique handset indentifcation 
number. Furthermore, the information may be retreived and/or aggregated 
based upon other voluntary fixed and mobile Consumer Broadband Test 
variables, such as broadband speed, latency, jitter, and packet loss, 
among other broadband quality variables.

Safeguards:
    Access to the information in the Broadband Dead Zone Report or the

[[Page 41500]]

voluntary fixed and mobile Consumer Broadband Test database, which is 
housed in the FCC's computer network databases, is restricted to 
authorized supervisors and staff in the Office of Strategic Planning 
(OSP) and the Information Technology Center's (ITC) Planning and 
Support Group, who maintain these computer databases. Additionally, 
staff of the National Broadband Map may be granted access to this data. 
Other FCC employees and contractors may be granted access on a ``need-
to-know'' basis. The FCC's computer network databases are protected by 
the FCC's security protocols, which include controlled access, 
passwords, and other security features. Information resident on the 
database servers is backed-up routinely onto magnetic media. Back-up 
tapes are stored on-site and at a secured, off-site location.

Retention and Disposal:
    The information in this system is limited to electronic files, 
records, and data, which pertains to the Dead Zone Report, which 
includes:
    (1) The information obtained from individuals who participated in 
the Consumer Information survey; and
    (2) The information obtained from individuals who participated in 
the voluntary fixed and mobile Consumer Broadband Test.
    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 Office of Strategic Planning (OSP), 
Federal Communications Commission (FCC), 445 12th Street, SW., 
Washington, DC 20554.

Notification Procedure:
    Address inquiries to the Office of Strategic Planning (OSP), 
Federal Communications Commission (FCC), 445 12th Street, SW., 
Washington, DC 20554.

Record Access Procedures:
    Address inquiries to the Office of Strategic Planning (OSP), 
Federal Communications Commission (FCC), 445 12th Street, SW., 
Washington, DC 20554.

Contesting Record Procedures:
    Address inquiries to the Office of Strategic Planning (OSP), 
Federal Communications Commission (FCC), 445 12th Street, SW., 
Washington, DC 20554.

Record Source Categories:
    The sources for the information in this system are the Broadband 
Dead Zone Report survey respondents and voluntary fixed and mobile 
Consumer Broadband Test participants.

Exemptions Claimed for the System:
    None.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011-17775 Filed 7-13-11; 8:45 am]
BILLING CODE 6712-01-P