[Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)]
[Notices]
[Pages 2721-2723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-909]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act System of Records

AGENCY: Federal Communications Commission (FCC, Commission, or Agency).

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 (``Privacy Act''), 5 U.S.C. 552a, the FCC's Consumer and 
Governmental Affairs Bureau (CGB) proposes to add a new system of 
records, FCC/CGB-3, ``National Deaf-Blind Equipment Distribution 
Program (NDBEDP).'' Following enactment of the Twenty-First Century 
Communications and Video Accessibility Act of 2010 (CVAA) on October 8, 
2010, the FCC's Consumer and Governmental Affairs Bureau (CGB) 
subsequently issued a Report and Order, Implementation of the Twenty-
First Century Communications and Video Accessibility Act of 2010, 
Section 105, Relay Services for Deaf-Blind Individuals, on April 6, 
2011, which adopted rules to establish a National Deaf-Blind Equipment 
Distribution Program (NDBEDP) to support the distribution of 
specialized customer premises equipment (CPE) and the provision of 
associated services. State equipment distribution programs, other 
public programs, and private entities may apply to the Commission for 
certification for the state to participate in the NDBEDP and receive 
reimbursement for its activities. The Commission's purpose for 
establishing this system of records is for the FCC's Consumer and 
Governmental Affairs Bureau (CGB) to use the information, i.e., 
personally identifiable information (PII), that is submitted by the 
certified equipment distribution program in each state, as required by 
the NDBEDP, to maintain each state's certification to participate in 
this program.

DATES: In accordance with subsections (e)(4) and (e)(11) of the Privacy 
Act, any interested person may submit written comments concerning this 
proposed new system of records on or before February 21, 2012. The 
Office of Information and Regulatory Affairs, 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 February 28, 2012. The proposed new system of records will 
become effective on February 28, 2012 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 new 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: 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 new system of records to be maintained by the 
FCC. This notice is a summary of the more detailed information about 
the proposed new system of records, which may be obtained or viewed 
pursuant to the contact and location information given above in the 
ADDRESSES section. The Commission's purpose for establishing this 
system of records is for the FCC's Consumer and Governmental Affairs 
Bureau (CGB) to use the information, i.e., personally identifiable 
information (PII), that is submitted by the certified equipment 
distribution program in each state, as required by the NDBEDP, to

[[Page 2722]]

maintain each state's certification to participate in this program.
    This notice meets the requirement documenting the change to the 
systems of records that the FCC maintains, and provides the public, 
OMB, and Congress with an opportunity to comment.
FCC/CGB-3

SYSTEM NAME:
    National Deaf-Blind Equipment Distribution Program (NDBEDP).

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:
    1. Individuals who request or receive the NDBEDP equipment;
    2. Individuals who attest to the disability of the individual 
receiving the NDBEDP equipment and/or matters related to the 
eligibility requirements, qualifications, and regulations, etc., for 
those seeking to participate in NDBEDP; and
    3. Individuals who may file complaints, including but not limited 
to both formal and informal complaints, and inquiries on behalf of 
themselves or NDBEDP participants and matters related to NDBEDP rules 
and regulations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system include:
    1. The name and contact information, including street address and 
email addresses, and phone number for the individuals requesting or 
receiving the NDBEDP equipment;
    2. The name and contact information, including street and email 
addresses, phone number(s), and fax number(s) for the individuals 
attesting to the disability of the individual who is deaf-blind;
    3. Other miscellaneous PII related to the individuals who 
participate in this program, e.g., response data for equipment 
requests, users' complaints, evaluation of the users' needs, user 
training data, outreach activities, equipment request denial data, and 
medical attestations or records regarding disability qualifications and 
eligibility requirements;
    4. The name and contact information, including street and email 
addresses, phone number(s), and fax number(s) for individuals who make 
or have made formal and informal complaints and inquiries (including 
related supporting information) in any format (including but not 
limited to paper, telephone, TTY, recording, Braille, and electronic 
submissions, such as email, Internet, and fax, etc.) on behalf of 
themselves or NDBEDP participants;
    5. Commission correspondence, e.g., letters and related 
communications regarding formal and informal complaints and inquiries 
(which may include PII and related information) that pertain to the 
NDBEDP programs, the NDBEDP individual participants, and the 
certification and participation of each entity approved by the 
Commission to participate in the NDBEDP.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 154, 254(k); Sections 403(b)(2)(B), (c) Public Law 104-
104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 
226, 228, 254(k), and 620.

PURPOSES:
    The Commission's CGB will use the information, e.g., records, in 
this system, which is submitted by the certified equipment distribution 
program in each state, as required by the NDBEDP, to maintain each 
state's certification to participate in this program.

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. Informal Complaints--When a record in this system involves a 
formal or informal complaint, and/or inquiry filed against an NDBEDP 
certified program and related entities, the complaint or inquiry may be 
forwarded to the subject certified program for that state, the 
appropriate State and Federal medical boards, certifying associations, 
and related groups, and personal physicians (who may determine whether 
an individual meets the eligibility criteria for participation in the 
NDBEDP) for a response, as required under FCC rules;
    2. Medical Records--A medical attestation or record (including but 
not limited to third party attestations, certifications, and 
declarations of disability) from this system may be disclosed to 
appropriate entities, including but not limited to the subject 
certified program for that state, the appropriate State and Federal 
medical boards, certifying associations, and related groups, and 
personal physicians for the purposes of determining whether an 
individual meets the eligibility criteria of being deaf-blind required 
to participate in the NDBEDP program;
    3. Income Eligibility Records--A record from this system may be 
disclosed to appropriate entities, including but not limited to the 
subject certified program for that state, the appropriate State and 
Federal certifying boards and authorities for the purposes of 
determining whether an individual meets the income eligibility criteria 
required to participate in the NDBEDP program;
    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. Adjudication and Litigation--Where by careful review, the Agency 
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;
    6. Department of Justice--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;
    7. Congressional Inquiries--When requested by a Congressional 
office in response to an inquiry by an individual

[[Page 2723]]

made to the Congressional office for the individual's own records;
    8. Government-wide Program Management and Oversight--When requested 
by the General Services Administration (GSA), the National Archives and 
Records Administration (NARA), and/or the Government Accountability 
Office (GAO) for the purpose of records management inspections 
conducted under authority of 44 U.S.C. 2904 and 2906 (such 
disclosure(s) shall not be used to make a determination about 
individuals); when the U.S. Department of Justice (DOJ) 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 (OMB) is contacted in order to obtain that 
office's advice regarding obligations under the Privacy Act;
    9. Breach of Federal Data--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; and
    10. FCC Enforcement Actions--When a record in this system involves 
a formal and/or informal complaint or inquiry filed alleging a 
violation of FCC Rules and Regulations by an applicant, licensee, 
certified or regulated entity or an unlicensed person or entity, the 
complaint may be provided to the alleged violator for a response. When 
an order or other Commission-issued document that includes 
consideration of a formal or informal complaint or complaints or 
inquiries is issued by the FCC to implement or to enforce FCC Rules and 
Regulations, the complainant's name or other PII may be made public in 
that order or document. Where a complainant in filing his or her 
complaint explicitly requests confidentiality of his or her name or 
other PII from public disclosure, the Commission will endeavor to 
protect such information from public disclosure. Complaints that 
contain requests for confidentiality may be dismissed if the Commission 
determines that the request impedes the Commission's ability to 
investigate and/or resolve the complaint.
    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 in the NDBEDP system includes electronic data, 
records, and files that are stored in the FCC's computer network 
databases, and paper documents, records, and files that are stored in 
file cabinets in the CGB office suite.

RETRIEVABILITY:
    Information in the electronic NDBEDP databases can be retrieved by 
categories of information, including but not limited to the 
individual's contact information, including the individual's name(s), 
street address, email address(es), and landline phone and cell phone 
number(s), complainant(s), and description fields.
    The paper documents in the NDBEDP files are assigned a file 
identification name and/or number for future reference.

SAFEGUARDS:
    Access to the information, e.g., electronic records, files, and 
data, in the NDBEDP, which is housed in the FCC computer network 
databases, is restricted to authorized CGB supervisors and staff and to 
the supervisors, staff, and contractors in the FCC's Information 
Technology Center (ITC), who maintain these computer databases. 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 location.
    The paper documents are maintained in file cabinets that are 
located in the CGB office suite, whose access is through a card-coded 
main door. Access to these files is restricted to authorized CGB 
supervisors and staff.

RETENTION AND DISPOSAL:
    The FCC will retain these records until a records schedule has been 
approved by the National Archives and Records Administration (NARA).

SYSTEM MANAGERS AND ADDRESS:
    Address inquiries to the Consumer and Governmental Affairs Bureau 
(CGB), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554.

NOTIFICATION PROCEDURE:
    Address inquiries to the Consumer and Governmental Affairs Bureau 
(CGB), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554.

RECORD ACCESS PROCEDURES:
    Address inquiries to the Consumer and Governmental Affairs Bureau 
(CGB), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554.

CONTESTING RECORD PROCEDURES:
    Address inquiries to the Consumer and Governmental Affairs Bureau 
(CGB), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554.

RECORD SOURCE CATEGORIES:
    The sources for the information in this system include the 
individuals who request or receive the NDBEDP equipment; individuals, 
groups, and other entities who attest to the disability of the 
individual requesting or receiving the equipment; and other 
individuals, groups, and other entities who have a connection to the 
NDBEDP and its participants, e.g., those filing formal and informal 
complaints or inquiries on behalf of the participants.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-909 Filed 1-18-12; 8:45 am]
BILLING CODE 6712-01-P