[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Pages 27115-27117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12166]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice of a Modified System of Records.

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SUMMARY: The Federal Communications Commission (FCC, Commission, or 
Agency) has modified an existing system of records, FCC/OET-1, 
Experimental Radio Station License Files (ELS), subject to the Privacy 
Act of 1974, as amended. This action is necessary to meet the 
requirements of the Privacy Act to publish in the Federal Register 
notice of the existence and character of records maintained by the 
Agency. The FCC's Office of Engineering and Technology (OET) uses the 
information in this system to determine: (a) An applicant's eligibility 
to operate a station in the experimental radio service; (b) the 
interference potential to other radio services within the FCC; and/or 
(c) if the proposed project or experimentation falls within the type of 
permissible operations set forth in section 5.3 of the rules.

DATES: This action will become effective on June 11, 2019. Written 
comments on the system's routine uses are due by July 11, 2019. The 
routine uses in this action will become effective on July 11, 2019, 
unless written comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Leslie F. Smith, Privacy Manager, 
Information Technology (IT), Room 1-C216, Federal Communications 
Commission, 445 12th Street SW, Washington, DC 20554, or via the 
internet at [email protected].

FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, (202) 418-0217, or 
[email protected] (and to obtain a copy of the Narrative Statement 
and the Supplementary Documentation, which includes details of the 
modifications to this system of records).

SUPPLEMENTARY INFORMATION: FCC/OET-1 helps the FCC administer the 
Experimental Radio Service, which makes portions of the radio frequency 
spectrum available for the purposes of experimentation, product 
development, and market trials. This notice serves to modify FCC/OET-1 
as a result of the various necessary changes and updates, including the 
introduction of an all-electronic information filing system, and other 
updates and modifications to meet current FCC and OMB requirements for 
SORNs, including format changes required by OMB Circular A-108, since 
its previous publication. The substantive changes and modifications to 
the previously published version of the FCC/OET-1 system of records 
include:
    1. Updating the language in the Security Classification to follow 
OMB and FCC guidance.
    2. Implementing minor changes to the language in the Categories of 
Individuals to be consistent with the language and phrasing now used in 
the FCC's SORNs.
    3. Expanding the Categories of Records to include FCC Form 159 and 
Special Temporary Authorities; to add the name, mailing address, email 
address, and telephone number in the PII included in experimental 
project reports of applicants and/or licensees; to include comments 
from FCC bureaus and offices and the NTIA on both frequency 
interference potential and/or coordination of operations; and to 
include information pertaining to contested applications for licenses, 
transfers, assignments, and construction, or petitions to deny or to 
cancel applicants on behalf of other parties.
    4. Expanding the Record Source Categories to note that the record 
sources include, but are not limited to the information that individual 
applicants provide on one or more FCC forms, special temporary 
authorities (STAs), and/or any supporting exhibits submitted by the 
applicants and/or licensees, and related documentation.
    5. Updating and/or revising language in four routine uses: (2) 
Adjudication and Litigation; (3) Law Enforcement and Investigation; (4) 
Congressional Inquiries; and (5) Government-wide Program Management and 
Oversight.
    6. Adding three new routine uses: (6) Breach Notification to 
address real or suspected data breach situations at the FCC; (7) 
Assistance to Federal Agencies and Entities for assistance with other 
Federal agencies' data breach situations; and (8) For Non-Federal 
Personnel to allow contractors performing or working on a contract for 
the Federal Government access to information. Routine Uses (6) and (7) 
are required by OMB Memorandum M-17-12.
    7. Adding a new records retention and disposal schedule approved by 
the National Archives and Records Administration (NARA).
    8. Adding two new sections: Reporting to a Consumer Reporting 
Agency addressing valid and overdue debts owed by individuals to the 
FCC under the Debt Collection Act, as recommended by OMB; and History 
referencing the previous publication of this SORN in the Federal 
Register, as required by OMB Circular A-108.
    The system of records is also updated to reflect various 
administrative changes related to the system managers and system 
addresses; policy and practices for storage and retrieval of the 
information; administrative, technical, and physical safeguards; and 
updated notification, records access, and contesting records 
procedures.
System Name and Number
    FCC/OET-1, Experimental Radio Station License Files (ELS).

SECURITY CLASSIFICATION:
    No information in the ELS system is classified. Experimental 
license applications that contain classified material are treated in a 
bifurcated manner, with unclassified data filed in ELS. The remaining 
portion of these applications are filed with the FCC's Security 
Operations Staff and are processed consistent with the FCC's security 
regulations. The material filed with the Security Operations Staff is 
maintained separately from and does not become part of the ELS system.

SYSTEM LOCATION:
    Office of Engineering and Technology (OET), Federal Communications 
Commission (FCC), 445 12th Street SW, Washington, DC 20554.

SYSTEM MANAGER(S):
    Experimental Licensing Branch, Office of Engineering and Technology 
(OET), Federal Communications Commission, 445 12th Street SW, 
Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 308.

[[Page 27116]]

PURPOSE(S) OF THE SYSTEM:
    The uses for the information in the system include, but are not 
limited to those uses for which FCC employees may determine:
    1. An applicant's eligibility to operate a station in the 
experimental radio service;
    2. The interference potential to other radio services within the 
Commission; and/or
    3. If the proposed project or experimentation falls within the type 
of permissible operations set forth in section 5.3 of the Commission's 
rules, 47 CFR 5.3.

CATEGORIES OF INDIVDUALS COVERED BY THE SYSTEM:
    The categories of individuals in this system include, but are not 
limited to, those who have applied for or have been granted a license 
to operate an experimental radio station under 47 CFR part 5 of the 
Commission's rules.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system include, but are not 
limited to:
    1. These FCC Forms, any supporting exhibits submitted by the 
applicant(s), and related documentation:
    (a) FCC Form 159 series, Remittance Advice et al. (when paying fees 
by check);
    (b) FCC Form 405, Application for Renewal of Station License;
    (c) FCC Form 442, Application for a New or Modified Station;
    (d) FCC Form 702, Application for Consent to Assignment of Radio 
Station Construction Authorization or License;
    (e) FCC Form 703, Application for Consent to Transfer Control of 
Corporation Holding Station License;
    (f) Special Temporary Authority (STA) under 47 CFR 5.61 of the 
Commission's rules; and
    (g) Any supporting documentation, including but not limited to 
exhibits and other materials submitted by the applicant(s) and/or 
licensee(s).
    2. Personally identifiable information (PII) included in 
experimental project reports submitted by the applicant(s) and/or 
licensee(s) as required by 47 CFR part 5 of the Commission's rules, 
including name, mailing address, email address(es), and telephone 
number(s).
    3. Information included in comments from other FCC bureaus/offices 
and the NTIA on frequency interference potential and/or coordination of 
the operation(s).
    4. Contested applications for licenses, transfers, assignments, and 
construction, or petitions to deny or to cancel applicants on behalf of 
other parties.
    5. Comments from other FCC bureaus/offices on whether the project 
or experimentation is valid, as well as its possible use in 
rulemakings.

RECORD SOURCE CATEGORIES:
    The sources for the majority of information in this system of 
records include, but are not limited to the information that individual 
applicants provide on one or more FCC forms, special temporary 
authorities (STAs), and/or any supporting exhibits submitted by the 
applicants and/or licensees, and related documentation. Other 
information in these records comes from coordination with other FCC 
bureaus and offices from data that are generated with the OET Spectrum 
Coordination Branch during the normal processing of the application.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside the 
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. Public Access--Information from this system is posted at: 
https://www.fcc.gov/els for public inspection, in response to a 
request, in connection with new experimentation being conducted and the 
impact that this experimentation may have on the public. The 
information will not be disclosed if it is not routinely available for 
public inspection under 47 CFR 0.457(d)(1)(ii) of the Commission's 
rules, or if a request that the information be given confidential 
treatment is pending or have been granted under 47 CFR 0.459.
    2. Adjudication and Litigation--To disclose information to the 
Department of Justice (DOJ), or other administrative body before which 
the FCC is authorized to appear when: (a) The FCC or any other 
component thereof; or (b) any employee of the FCC in his or her 
official capacity; or (c) any employee of the FCC in his or her 
individual capacity where the DOJ or the FCC have agreed to represent 
the employee; or (d) the United States is a party to litigation or have 
an interest in such litigation, and the use of such records by the DOJ 
or the FCC is deemed by the FCC to be relevant and necessary to the 
litigation.
    3. Law Enforcement and Investigation--To disclose pertinent 
information to the appropriate Federal, State, or local agency 
responsible for investigating, prosecuting, enforcing, or implementing 
a statute, rule, regulation or order, where the FCC becomes aware of an 
indication of a violation or potential violation of civil or criminal 
law or regulation.
    4. Congressional Inquiries--To provide information to a 
Congressional office from the record of an individual in response to an 
inquiry from that Congressional office made at the written request of 
that individual.
    5. Government-wide Program Management and Oversight--To disclose 
information to the National Archives and Records Administration (NARA) 
for use in its records management inspections; to the Government 
Accountability Office (GAO) for oversight purposes; to the Department 
of Justice (DOJ) to obtain that department's advice regarding 
disclosure obligations under the Freedom of Information Act (FOIA); or 
to the Office of Management and Budget (OMB) to obtain that office's 
advice regarding obligations under the Privacy Act.
    6. Breach Notification--To appropriate agencies, entities, and 
persons when: (a) The Commission suspects or has confirmed that there 
has been a breach of the system of records; (b) the Commission has 
determined that as a result of the suspected or confirmed breach there 
is a risk of harm to individuals, the Commission (including its 
information systems, programs, and operations), the Federal Government, 
or national security; and (c) 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 
breach or to prevent, minimize, or remedy such harm.
    7. Assistance to Federal Agencies and Entities--To another Federal 
agency or Federal entity, when the Commission determines that 
information from this system is reasonably necessary to assist the 
recipient agency or entity in: (a) Responding to a suspected or 
confirmed breach or (b) preventing, minimizing, or remedying the risk 
of harm to individuals, the recipient agency or entity (including its 
information systems, program, and operations), the Federal Government, 
or national security, resulting from a suspected or confirmed breach.
    8. For Non-Federal Personnel--To disclose information to 
contractors performing or working on a contract for OET that provides 
services for the Federal Government who may require access to this 
system of records.

[[Page 27117]]

REPORTING TO A CONSUMER REPORTING AGENCY:
    In addition to the routine uses listed above, the Commission may 
share information from this system of records with a consumer reporting 
agency regarding an individual who has not paid a valid and overdue 
financial debt owed to the Commission, following the procedures set out 
in the Debt Collection Act, 31 U.S.C. 3701(e).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Information in this system of records includes:
    1. Paper records, files, and documents are maintained for various, 
short-term uses, as necessary. These documents are maintained in file 
cabinets in the OET office suite. The file cabinets are locked at the 
end of the business day. These documents are destroyed by shredding 
when no longer needed.
    2. Electronically scanned images of paper documents and records;
    3. Electronic records of data elements of both paper applicants and 
files and electronically filed applications; and
    4. Electronic copies of licenses granted after November 16, 1998.
    As required by 47 CFR 5.55(b) of the Commission's rules, all 
applications for experimental licensing must now be filed 
electronically via the internet at: https://www.fcc.gov/els.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    1. The paper documents, files, and records are retrieved by the 
licensee name. If there is more than one station per licensee, then the 
files may be also retrieved by call sign; and
    2. The scanned images, electronic records of data elements, and 
electronic copies of licenses may be retrieved from the OET 
Experimental Licensing Branch Report World Wide Web electronic filing 
and reporting site at: https://www.fcc.gov/els.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The information in this system is maintained and disposed of in 
accordance with the National Archives and Records Administration (NARA) 
General Records Schedule DAA-0173-2016-0003. The records, documents, 
and files are maintained for three years after expiration of the 
license. The FCC disposes of the paper documents by shredding. The 
electronic records, files, and data are destroyed either by physical 
destruction of the electronic storage media or by erasure of the 
electronic data.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    OET makes all records, documents, and files (including both paper 
and electronic formats) available to the public at: https://www.fcc.gov/els except: (1) Files that are not routinely available for 
public inspection as defined in 47 CFR 0.457(d)(1)(ii); and/or (2) 
files that have been submitted in compliance with the confidentiality 
request requirement of 47 CFR 0.459.
    When not publicly available, the electronic data, records, and 
files are stored within FCC accreditation boundaries. Access to the 
electronic files is restricted to OET and IT staff, contractors, and 
vendors who maintain the networks and services. Other FCC employees, 
contractors, vendors, and users may be granted access on a need-to-know 
basis. The FCC's data are protected by the FCC and third-party privacy 
safeguards, a comprehensive and dynamic set of IT safety and security 
protocols and features that are designed to meet all Federal IT privacy 
standards, including those required by the Federal Information Security 
Modernization Act of 2014 (FISMA), the Office of Management and Budget 
(OMB), and the National Institute of Standards and Technology (NIST).
    The OET staff may print paper copies of these electronic records 
for various, short-term uses, as necessary. These paper document copies 
are stored in locked file cabinets in the OET office suite, when not in 
use. Only authorized OET staff and contractors may have access to these 
documents, unless OET grants access to FCC employees and contractors, 
as required, for specific purposes. These paper documents are destroyed 
by shredding when no longer needed.

RECORDS ACCESS PROCEDURE:
    Individuals wishing to request access to and/or amendment of 
records about them should follow the Notification Procedure below.

CONTESTING RECORDS PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about them should follow the Notification Procedure below.

NOTIFICATION PROCEDURES:
    Individuals wishing to determine whether this system of records 
contains information about them may do so by writing to Leslie F. 
Smith, Privacy Manager, Information Technology, Federal Communications 
Commission, 445 12th Street SW, Washington, DC 20554, or email 
[email protected].
    Individuals must furnish reasonable identification by showing any 
two of the following: Social security card; passport; driver's license; 
employee identification card; Medicare card; birth certificate; bank 
credit card; and/or other positive means of identification, or by 
signing an identity statement stipulating that knowingly or willfully 
seeking or obtaining access to records about another person under false 
pretenses is punishable by a fine of up to $5,000.
    Individuals requesting access must also comply with the FCC's 
Privacy Act regulations regarding verification of identity and access 
to records, 47 CFR part 0, subpart E.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The FCC previously gave full notice of FCC/OET-1, Experimental 
Radio Station License Files (ELS), by publication in the Federal 
Register on April 5, 2006 (71 FR 17234, 17241).

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2019-12166 Filed 6-10-19; 8:45 am]
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