[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Notices]
[Pages 32111-32113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13128]


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

FEDERAL COMMUNICATIONS COMMISSION


Privacy Act System of Records

AGENCY: Federal Communications Commission.

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

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

SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as 
amended (``Privacy Act''), 5 U.S.C. 552a, the FCC's Media Bureau (MB) 
proposes to add a new system of records, FCC/MB-2, ``Broadcast Station 
Public Inspection Files.'' The enactment of the Standardized and 
Enhanced Disclosure Requirements for Television Broadcast Licensee 
Public Interest Obligations and Extension of the Filing Requirement for 
Children's Television Programming Report (FCC Form 398), Second Report 
and Order, MM Docket 00-168, FCC 12-44, on April 27, 2012, adopted 
rules that require television broadcasters to submit their public 
filing information to the FCC to be posted in an on-line Broadcast 
Station Public Inspection File. The Commission's purpose for 
establishing this system of records, FCC/MB-2, ``Broadcast Station 
Public Inspection Files,'' is to cover the personally identifiable 
information (PII) that may be contained in the Broadcast Station Public 
Inspection Files.

DATES: In accordance with subsections (e)(4) and (e)(11) of the Privacy 
Act, any interested person may submit written comments concerning this 
new system of records on or before July 2, 2012. 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 July 10, 2012. The proposed new system of records will become 
effective on July 10, 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][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][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 new 
system of records, FCC/MB-2, ``Broadcast Station Public Inspection 
Files,'' is to cover the personally identifiable information (PII) that 
may be contained in the Broadcast Station Public Inspection Files, 
which broadcasters are required to submit to the FCC to be posted in an 
on-line Broadcast Station Public Inspection File, as required by 47 CFR 
73.3526 and 73.3527.
    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, OMB, and Congress with an 
opportunity to comment.
FCC/MB-2

System Name:
    Broadcast Station Public Inspection Files.

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:
    The categories of individuals in this system include, but are not 
limited to:
    1. Individuals who are required to file personal information 
pertaining to their political campaigns and other requirements; and
    2. Individuals who are associated with a television broadcast 
station license and are required to submit information under 47 CFR 
73.3526 and 73.3527.

Categories of Records in the System:
    The categories of records in this system may include, but are not 
limited to an individual's name, home address, home telephone number, 
personal cell phone number, personal email address(es), personal fax 
number, bank check routing number, credit card number, and other 
personal information (i.e., personally identifiable information (PII)) 
that stations may include in their public files, and which may be 
included in the PII contained in the documents, files, and records that 
television broadcast stations and certain individuals are required to 
submit to the FCC to be posted in the FCC's on-line Broadcast Station 
Public Inspection Files. FCC Rules do not require submission of bank 
check routing numbers and credit card numbers, but the broadcast 
stations may choose to include such information in their public files 
as a means of indicating fulfillment of contracts.

Authority for Maintenance of the System:
    47 U.S.C. 151, 152, 154(i), 303, 307, and 315.

Purposes:
    The Commission will be hosting all Broadcast Station Public 
Inspection Files in an online database. Stations have been required to 
maintain their public files at their main studios for decades, pursuant 
to 47 CFR 73.3526 and 73.3527. The Commission will now begin hosting 
such files online in order to make the files more accessible to the 
public. Records in this system are available for public inspection.

[[Page 32112]]

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 the Consolidated Database System (CDBS) or in the online 
Broadcast Station Public Inspection Files are available for public 
inspection;
    2. Public Access--Copies of FCC enforcement actions are available 
for public inspection via the Internet at <http://www.fcc.gov/eb/
, and in the FCC's Reference Information Center at <http://www.fcc.gov/cgb/ric.html;
    3. 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;
    4. 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;
    5. 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;
    6. Congressional Inquiries--When requested by a Congressional 
office in response to an inquiry by an individual made to the 
Congressional office for the individual's own records;
    7. 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;
    8. 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;
    9. 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;
    10. Due Diligence Inquiries--Where there is an indication of a 
violation or potential violation of FCC Rules and Regulations (as 
defined above), records from this system may be shared with a 
requesting individual, or representative thereof, for purposes of 
obtaining such information so long as relevant to a pending transaction 
of a FCC-issued license; and
    11. 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.
    In each of these cases, the FCC will determine whether disclosure 
of the records is compatible with the purpose(s) 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 Broadcast Station Public Inspection Files 
includes electronic data, records, and files that are stored in the 
FCC's computer network databases.

Retrievability:
    Information in the Broadcast Station Public Inspection Files 
electronic databases can be retrieved by categories of information that 
each individual must provide as required by 47 CFR 73.3526 and 73.3527, 
including the individual's name(s), street address, email address(es), 
landline phone and cell phone number(s), complainant(s), and file 
identification name and/or number, etc.

[[Page 32113]]

Safeguards:
    Access to the information, e.g., electronic records, files, and 
data, in the Broadcast Station Public Inspection Files, which is housed 
in the FCC computer network databases, is posted on the Internet to be 
publicly accessible. Only the broadcast stations who upload information 
into the broadcast station files can alter their information. The FCC's 
computer network databases are protected by the FCC's security 
protocols, which include controlled access, passwords, and other IT 
security features and requirements. 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 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 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.

Record Source Categories:
    The sources for the information in the Broadcast Station Public 
Inspection Files include, but are not limited to the PII that may be 
included in the documents, records, and files that television 
broadcasters are required to submit to the FCC for posting in the FCC's 
on-line Broadcast Station Public Inspection Files as required by 47 
U.S.C. 315; 47 CFR 73.3526 and 73.3527.

Exemptions Claimed for the System:
    None.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-13128 Filed 5-30-12; 8:45 am]
BILLING CODE 6712-01-P