[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Notices]
[Pages 11523-11526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03928]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID 17503]


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice of a new system of records.

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SUMMARY: The Federal Communications Commission (FCC or Commission or 
Agency) is establishing a new system of records, FCC/WCB-3, Emergency 
Broadband Benefit Program, 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 Emergency 
Broadband Benefit Program (or ``Emergency Broadband'') provides 
discounts for broadband internet access service (BIAS) to qualifying 
households. A household may qualify for Emergency Broadband if an 
individual in the household qualifies for the free and reduced lunch 
program, receives a Pell Grant, was recently laid off or furloughed, 
qualifies for the Lifeline program, or qualifies for a low-income or 
COVID-19 discount program offered by internet service providers. The 
Emergency Broadband program will be administered by the Universal 
Service Administrative Company (USAC) under the direction of the 
Commission and, by delegation, of the Commission's Wireline Competition 
Bureau (WCB). This system of records contains information about 
individual Emergency Broadband participants and providers' enrollment 
representatives.

DATES: Written comments are due on or before March 29, 2021. This 
action (including the routine uses) will become effective on March 29, 
2021 unless comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Margaret Drake, Federal Communications 
Commission (FCC), 45 L Street NE, Washington, DC 20554, or to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Margaret Drake, (202) 418-1707, or 
[email protected].

SUPPLEMENTARY INFORMATION: In December 2020, Congress passed and the 
President signed the Emergency Broadband Service During Emergency 
Period Related to COVID-19, establishing the Emergency Broadband 
Benefit Program to temporarily provide eligible households a discount 
on the cost of internet service and a subsidy for low-cost devices such 
as computers and tablets. Households can qualify for the benefit if an 
individual in the household: qualifies for the free and reduced lunch 
program, receives a Pell Grant, was recently laid off or furloughed, 
qualifies for the Lifeline program, or qualifies for a low-income or 
COVID-19 discount program offered by internet service providers. The 
Emergency Broadband program is in effect until six months after the 
date on which the Secretary of Health and Human Services determines 
that a public health emergency no longer exists as a result of COVID-
19. USAC will administer this program on behalf of the Commission.

SYSTEM NAME AND NUMBER:
    FCC/WCB-3, Emergency Broadband Benefit Program.

SECURITY CLASSIFICATION:
    No information in the system is classified.

SYSTEM LOCATION(S): Universal Service Administrative Company (USAC), 
700 12th Street NW, Suite 900, Washington, DC 20005; and
    Wireline Competition Bureau (WCB), Federal Communications 
Commission (FCC), 45 L Street NE, Washington, DC 20554.

[[Page 11524]]

SYSTEM MANAGER(S) AND ADDRESS(ES):
    USAC administers the Emergency Broadband Benefit Program for the 
FCC.
    Address inquiries to the Universal Service Administrative Company 
(USAC), 700 12th Street NW, Suite 900, Washington, DC 20005; or
    Wireline Competition Bureau (WCB), 45 L Street NE, Washington, DC 
20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 151-154, 201-205, 214, 403; Consolidated Appropriations 
Act, 2021, Public Law 116-260 Sec.  904. 47 CFR Sections 54.400, 
54.401, 54.404, 54.407, 54.409, 54.410, 54.417, 54.419, 54.420.

PURPOSE(S):
    This system of records is maintained for use in determining whether 
a member of a household meets the eligibility criteria to qualify for a 
discount on the cost of internet service and a subsidy for low-cost 
devices such as computers and tablets; ensuring benefits are not 
duplicated; dispute resolution regarding eligibility for the Emergency 
Broadband Benefit Program; customer surveys; audit; verification of a 
provider's representative identity; and statistical studies.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals in this system include, but are not 
limited to, those individuals who have applied for the Emergency 
Broadband program; are currently receiving benefits; are individuals 
who enable another individual in their household to qualify for 
benefits; are minors whose status qualifies a household for benefits; 
are individuals who have received benefits under the Lifeline Program; 
or are individuals acting on behalf of an participating provider as 
enrollment representatives who have enrolled or verified the 
eligibility of a household in the Emergency Broadband program, are 
certifying claims, or are seeking reimbursement for providing eligible 
services.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the system include an applicant's 
first and last name; residential address; information on whether the 
individual resides on Tribal lands; information on whether the address 
is temporary and/or descriptive and whether it includes coordinates; 
mailing address (if different); address based on geographic coordinates 
(geolocation); internet Protocol (IP) address; date of birth; last four 
digits of social security number \1\ or Tribal identification number; 
telephone number; full name of the qualifying person (if different from 
the individual applicant); qualifying person's date of birth; the last 
four digits of the qualifying person's social security number or their 
Tribal identification number; information on whether the qualifying 
person resides on Tribal lands; means of qualification for the 
Emergency Broadband program (i.e., participation in Lifeline, receipt 
of a Pell Grant, etc.); documents demonstrating eligibility; individual 
contact information; Emergency Broadband Benefit Program subscriber 
identification number; Emergency Broadband Benefit Program application 
number; security question; answer to security question; user name; 
password; agent identification information (if an agent is assisting in 
completing the application); individual applicant's eligibility 
certifications; individual applicant's signature and date of 
application; Emergency Broadband service initiation date and 
termination date; amount of discount received; and amount of device 
benefit received.
    For participating provider enrollment representatives who register 
to access the National Verifier or National Lifeline Accountability 
Database the following information may be collected: first and last 
name, date of birth, the last four digits of his or her social security 
number, email address, residential address, or other identity proof 
documentation.

RECORD SOURCE CATEGORIES:
    Participating providers and their registered enrollment 
representatives; individuals applying on behalf of a household; 
schools; Lifeline databases; and State, Federal, Local and Tribal 
Government databases; and third-party identity verifiers.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE 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. 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:
    1. FCC/USAC Program Management--To FCC and USAC employees to 
conduct official duties associated with the management, operation, and 
oversight of the Emergency Broadband Benefit Program, NLAD, National 
Verifier, Lifeline Claims System, and Representative Accountability 
Database, as directed by the Commission.
    2. Third Party Contractors--To an employee of a third-party 
contractor engaged by USAC or a participating provider to, among other 
things, develop the Emergency Broadband Eligibility Database, conduct 
the eligibility verification or recertification process, run call 
center and email support operations, and assist in dispute resolution.
    3. Business Process Outsourcing (BPO) Entity--To an employee of the 
BPO or an employee of a third-party contractor engaged by the BPO 
engaged by USAC to perform and review eligibility evaluations where the 
National Verifier conducts such processes for purposes of performing 
manual eligibility verification (when needed), conducting the 
eligibility verification process or recertification process, run call 
center and email support operations; and to assist in dispute 
resolution.
    4. System Integrator (SI)--To an employee of the SI engaged by USAC 
as needed to develop, test, and operate the database system and 
network.
    5. State, Local, and Tribal Agencies, and Other Authorized 
Government Entities--To designated State, Local, and Tribal agencies, 
and other authorized governmental entities that share data with USAC or 
the FCC for purposes of eligibility verification; providing enrollment 
and other selected reports; and, comparing information contained in 
NLAD and Emergency Broadband Benefit Program eligibility.
    6. Social Service Agencies and Other Approved Third Parties--To 
social service agencies and other third parties that have been approved 
by USAC for purposes of assisting individuals in applying for the 
Emergency Broadband Benefit Program.
    7. Federal Agencies--To other Federal agencies for the development 
of and operation under data sharing agreements with USAC or the FCC to 
enable the National Verifier to perform eligibility verification or 
recertification for individuals applying for Emergency Broadband 
support.
    8. Tribal Nations--To Tribal Nations to perform eligibility 
verification for individuals applying for the Emergency Broadband 
Benefit Program and to provide enrollment and other selected reports, 
and for purposes of assisting individuals in applying for and 
recertifying for Lifeline support.
    9. Service Providers--To broadband providers, and their registered 
representatives, in order to confirm an

[[Page 11525]]

individual's eligibility, complete benefit transfer requests, 
facilitate the provision of service, complete de-enrollments, allow for 
the provider to receive reimbursement through the Emergency Broadband 
Benefit Program, to provide information to the relevant provider about 
a registered enrollment representative whose account has been disabled 
for cause, and provide enrollment and other selected reports.
    10. Other Federal Program Eligibility--To disclose an individual's 
Emergency Broadband participation status to a Federal agency or 
contractor when a federal program administered by the agency or its 
contractor uses qualification for Emergency Broadband as an eligibility 
criterion.
    11. FCC Enforcement Actions--When a record in this system involves 
an informal complaint 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. Where a complainant in filing his or 
her complaint explicitly requests confidentiality of his or her name 
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.
    12. 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 request of that 
individual.
    13. Government-Wide Program Management and Oversight--To the 
Department of Justice (DOJ) to obtain that department's advice 
regarding disclosure obligations under the Freedom of Information Act 
(FOIA); or the Office of Management and Budget (OMB) to obtain that 
office's advice regarding obligations under the Privacy Act.
    14. Law Enforcement and Investigation--To disclose pertinent 
information to appropriate Federal, State, or local agencies, 
authorities, and officials 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 a civil or criminal statute, law, regulation, or order, 
including but not limited to notifying the Internal Revenue Service 
(IRS) to investigate income eligibility verification.
    15. Adjudication and Litigation--To the Department of Justice 
(DOJ), in a proceeding before a court, or other administrative or 
adjudicative body before which the FCC is authorized to appear, when 
(a) the FCC or any component thereof; (b) any employee of the FCC in 
his or her official capacity; (c) any employee of the FCC in his or her 
individual capacity where the DOJ or the FCC has agreed to represent 
the employee; or (d) the United States is a party to litigation or has 
an interest in such litigation, and the use of such records by DOJ or 
the FCC is deemed by the FCC to be relevant and necessary to the 
litigation.
    16. Breach Notification--To appropriate agencies, entities 
(including USAC), 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 compromise 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.
    17. Assistance to Federal Agencies and Entities--To another Federal 
agency or Federal entity or USAC, 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.
    18. Computer Matching Program Disclosure--To Federal, State, and 
local agencies, and USAC, their employees, and agents for the purpose 
of conducting computer matching programs as regulated by the Privacy 
Act of 1974, as amended (5 U.S.C. 552a).
    19. Prevention of Fraud, Waste, and Abuse Disclosure--To Federal 
agencies, non-Federal entities, their employees, and agents (including 
contractors, their agents or employees; employees or contractors of the 
agents or designated agents); or contractors, their employees or agents 
with whom the FCC or USAC has a contract, service agreement, 
cooperative agreement, or computer matching agreement for the purpose 
of: (1) detection, prevention, and recovery of improper payments; (2) 
detection and prevention of fraud, waste, and abuse in Federal programs 
administered by a Federal agency or non-Federal entity; (3) detection 
of fraud, waste, and abuse by individuals in their operations and 
programs, but only to the extent that the information shared is 
necessary and relevant to verify pre-award and prepayment requirements 
prior to the release of Federal funds, prevent and recover improper 
payments for services rendered under programs of the FCC or of those 
Federal agencies and non-Federal entities to which the FCC or USAC 
provides information under this routine use.
    20. Contract Services, Grants, or Cooperative Agreements--To 
disclose information to FCC or USAC contractors, grantees, or 
volunteers who have been engaged to assist the FCC or USAC in the 
performance of a contract service, grant, cooperative agreement, or 
other activity related to this system of records and who need to have 
access to the records in order to perform their activity.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The information pertaining to the Emergency Broadband Benefit 
Program includes electronic records, files, data, paper documents, 
records, and may include audio recordings of calls. Records are 
maintained in secure, limited access areas. Physical entry by 
unauthorized persons is restricted through use of locks, passwords, and 
other security measures. Both USAC and its contractors will jointly 
manage the electronic data housed at USAC and at the contractors' 
locations. Paper documents and other physical records (i.e., tapes, 
compact discs, etc.) will be kept in locked, controlled access areas. 
Paper documents submitted by applicants to the Emergency Broadband 
Benefit Program and provider representatives will be digitized, and 
paper copies will be immediately destroyed.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information in the Emergency Broadband Benefit Program system of 
records may be retrieved by various identifiers, including but not 
limited to the individual's name, last four digits of the Social 
Security Number (SSN), Tribal identification number, date of birth, 
phone number, residential address, and Emergency Broadband subscriber 
identification number.

[[Page 11526]]

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The National Archives and Records Administration (NARA) has not 
established a records schedule for the information in the Emergency 
Broadband Benefit Program system of records. Consequently, until NARA 
has approved a records schedule, USAC will maintain all information in 
the Emergency Broadband Benefit Program system of records will be 
maintained in accordance with NARA records management directives.

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic records, data, and files are maintained in the FCC 
and the USAC computer network databases, which are protected by the 
FCC's and USAC's 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 
National Institute of Standard and Technology (NIST) and the Federal 
Information Security Management System (FISMA). In addition, access to 
the electronic files is restricted to authorized USAC and contractors' 
supervisors and staff and to the FCC's supervisors and staff in WCB and 
to the IT contractors who maintain these computer databases. Other FCC 
employees and contractors may be granted access only on a ``need-to-
know'' basis. In addition, data in the network servers for both USAC 
and its contractors will be routinely backed-up. The servers will be 
stored in secured environments to protect the data.
    The paper documents and files are maintained in file cabinets in 
USAC and the contractors' office suites. The file cabinets are locked 
when not in use and at the end of the business day. Access to these 
files is restricted to authorized USAC and its contractors' staffs.

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

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request an amendment of records about 
themselves should follow the Notification Procedure below.

NOTIFICATION PROCEDURE:
    Individuals wishing to determine whether this system of records 
contains information about themselves may do so by writing Federal 
Communications Commission (FCC), Washington, DC 20554, [email protected]. 
Individuals requesting access must also comply with the FCC's Privacy 
Act regulations regarding verification of identity to gain access to 
the records (47 CFR Part 0, Subpart E).

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

 HISTORY:
    This is a new system of records.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021-03928 Filed 2-24-21; 8:45 am]
BILLING CODE 6712-01-P