[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60459-60462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18948]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 167766]


Privacy Act 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) proposes to modify an existing system of records, FCC/CGB-1, 
Informal Complaints, Inquiries, and Requests for Dispute Assistance, 
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 Commission uses records in this system to 
handle and process informal complaints, inquiries, and requests for 
dispute assistance received from individuals, groups, and other 
entities. This modification makes various necessary changes and 
updates, including formatting changes required by the Office of 
Management and Budget (OMB) Circular A-108 since its previous 
publication, the addition of new routine uses, as well as the revision 
of existing routine uses.

DATES: This modified system of records will become effective on 
September 1, 2023. Written comments on the routine uses are due by 
October 2, 2023. The routine uses in this action will become effective 
on October 2, 2023 unless comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Katherine C. Clark, Federal Communications 
Commission, 45 L Street NE, Washington, DC 20554, or [email protected].

FOR FURTHER INFORMATION CONTACT: Katherine C. Clark, (202) 418-1773, or 
[email protected] (and to obtain a copy of the Narrative Statement and 
the

[[Page 60460]]

Supplementary Document, which includes details of the proposed 
alterations to this system of records).

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 modification of a system of records maintained 
by the FCC. The FCC previously provided notice of the system of records 
FCC/CGB-1, Informal Complaints, Inquiries, and Requests for Dispute 
Assistance, by publication in the Federal Register on August 15, 2014 
(79 FR 48154).
    This notice serves to update and modify FCC/CGB-1 as a result of 
the various necessary changes and updates, including approval by the 
National Archives and Records Administration (NARA) of a records 
retention and disposal schedule for the information in this system 
since its previous publication. The substantive changes and 
modifications to the previously published version of the FCC/CGB-1 
system of records include:
    1. Updating the language in the Security Classification to follow 
OMB guidance;
    2. Modifying the language in the Categories of Individuals and 
Categories of Records to be consistent with the language and phrasing 
now used in FCC SORNs;
    3. Updating and/or revising language in the following routine uses 
(listed by current routine use number: (3) Public Disclosure; (4) Law 
Enforcement and Investigation; (5) Litigation; (6) Adjudication; (7) 
Congressional Inquiries; (8) Government-wide Program Management and 
Oversight; and (9) Breach Notification, the revision of which is as 
required by OMB Memorandum No. M-17-12;
    4. Adding two new routine uses (listed by current routine use 
number): (10) Assistance to Federal Agencies and Entities Related to 
Breaches--to assist with other Federal agencies' data breach 
situations, which is required by OMB Memorandum No. M-17-12; and (11) 
Non-Federal Personnel--to provide contractors, other vendors, grantees, 
and volunteers who have been engaged to assist the FCC in the 
performance of a contract, service, grant, cooperative agreement with 
access to information;
    5. Deleting former routine use (7) Department of Justice, which is 
duplicative of current routine use (5) Litigation; and
    6. Updating the existing records retention and disposal schedule 
with a new records schedule, NARA General Records Schedule 6.5, Item 
020 (DAA-0173-2019-0002).
    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/CGB-1, Informal Complaints, Inquiries, and Requests for Dispute 
Assistance.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Consumer and Governmental Affairs Bureau, Federal Communications 
Commission (FCC), 45 L Street NE, Washington, DC 20554.

SYSTEM MANAGER(s):
    Consumer and Governmental Affairs Bureau, Federal Communications 
Commission (FCC), 45 L Street NE, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 1, 4, 206, 208, 225, 226, 227, 228, 255, 258, 301, 303, 
309(e), 312, 362, 364, 386, 507, 710, 713, 716, 717, and 718 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 206, 208, 
225, 226, 227, 228, 255, 258, 301, 303, 309(e), 312, 362, 364, 386, 
507, 610, 613, 617, 618, and 619; Sections 504 and 508 of the 
Rehabilitation Act, 29 U.S.C. 794 and 794d; and 47 CFR 0.111, 0.141, 
1.711 et seq., 14.30 et seq., 20.19, 64.604, 68.414 et seq., and 79.1 
et seq.

PURPOSE(S) OF THE SYSTEM:
    This system will collect informal consumer complaints, inquiries, 
and requests for dispute assistance and related supporting materials 
received from individuals, groups, and other entities; company replies 
to informal consumer complaints, requests, inquiries, and Commission 
letters regarding such complaints, requests, and inquiries; and other 
submissions made by individuals, groups, or other entities. Collecting 
and maintaining these types of information allow staff access to 
documents necessary for key activities discussed in this SORN, 
including processing informal complaints, inquiries, and requests for 
dispute assistance; analyzing effectiveness and efficiency of related 
FCC programs and informing future rule- and policy-making activity; and 
improving staff efficiency. Records in this system are available for 
public inspection, e.g., in response to requests under the Freedom of 
Information Act (FOIA), after redaction of information that could 
identify the complainant or correspondent, including the complainant's 
name, address, telephone number, fax number, and/or email address.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals, and individual representatives of groups or other 
entities who make or have made, or are responding to, informal consumer 
complaints, inquiries, or requests for dispute assistance, as well as 
Commission letters regarding such complaints, requests, and inquiries 
on matters arising under the Communications Act of 1934, as amended, 
and the Rehabilitation Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Computerized information contained in a database of inquiries, 
requests for dispute assistance, informal consumer complaints, and 
related supporting information, including personal contact information 
or other identifying information provided by individuals, groups, or 
other entities; company replies, including contact information, to 
informal consumer complaints, requests, inquiries, and Commission 
letters regarding such complaints, requests, and inquiries; and 
submissions that individuals, groups, or other entities make, 
including, but not limited to, submissions made by letter, fax, 
telephone, email, and via the FCC web portal for consumer complaints.

RECORD SOURCE CATEGORIES:
    Information in this system is provided by individuals, groups, and 
other entities who make or have made, or are responding to, informal 
consumer complaints, inquiries, or requests for dispute assistance, as 
well as Commission letters regarding such complaints, requests, and 
inquiries on matters arising under the Communications Act of 1934, as 
amended, and the Rehabilitation Act.

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 of the 
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. Informal Consumer Complaints--When a record in this system 
involves an informal consumer complaint filed

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against a service provider (e.g., broadband, telecommunications, 
broadcast, multi-channel video program, Voice over internet-Protocol 
(VoIP), etc.), the complaint may be forwarded to the subject company 
for a response, pursuant to Sections 4(i), 208, and 303(r) of the 
Communications Act of 1934, as amended.
    2. Informal Complaints, Inquiries, and Requests for Dispute 
Assistance about Accessibility for Individuals with Disabilities--When 
a record in this system involves an informal complaint, inquiry, or 
request for dispute assistance involving or filed against a company 
about accessibility for individuals with disabilities, the inquiry, 
request, or informal complaint may be forwarded to the subject company 
for a response, pursuant to Section 4(i), 208, and 303(r) of the 
Communications Act of 1934, as amended.
    3. Public Disclosure--When an order or other published Bureau- or 
Commission-level action (including Notices of Proposed Rulemaking, 
Reports and Orders, Notices of Apparent Liability, Forfeiture Orders, 
Consent Agreements, Notice Letters, or all other actions released by a 
Bureau or the Commission) includes consideration of informal complaints 
(including informal complaints related to accessibility for individuals 
with disabilities) filed against a company, the complainant's name may 
be made public in that order or Commission action. 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.
    4. Law Enforcement and Investigation--To disclose pertinent 
information to the appropriate Federal, State, local, Tribal agency, or 
a component of such an 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.
    5. Litigation--To disclose records to the Department of Justice 
(DOJ) 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 Government is a party 
to litigation or has an interest in such litigation, and by careful 
review, the FCC determines that the records are both relevant and 
necessary to the litigation, and the use of such records by the DOJ is 
for a purpose that is compatible with the purpose for which the FCC 
collected the records.
    6. Adjudication--To disclose records in a proceeding before a court 
or adjudicative body, when: (a) the FCC or any 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; or (d) the 
United States Government, is a party to litigation or has an interest 
in such litigation, and by careful review, the FCC determines that the 
records are both relevant and necessary to the litigation, and that the 
use of such records is for a purpose that is compatible with the 
purpose for which the agency collected the records.
    7. Congressional Inquiries--To provide information to a 
Congressional office from the record of an individual in response to an 
inquiry from the Congressional office made at the written request of 
that individual.
    8. Government-wide Program Management and Oversight--To provide 
information to the DOJ to obtain the 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.
    9. Breach Notification--To appropriate agencies, entities, and 
persons when: (a) the Commission suspects or has confirmed that there 
has been a breach of Personally Identifiable Information (PII) 
maintained in 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.
    10. Assistance to Federal Agencies and Entities Related to 
Breaches--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.
    11. Non-Federal Personnel--To disclose information to non-Federal 
personnel, including contractors, FCC program administrators (including 
USAC), other vendors (e.g., identity verification services), grantees, 
and volunteers who have been engaged to assist the FCC 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 to perform their activity.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    This is a cloud-based computing system that utilizes the provider-
supported application on the provider's cloud network (Software as a 
Service or SaaS).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system of records can be retrieved by any category 
field, e.g., first or last name or email address.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The information in this system is maintained and disposed of in 
accordance with the NARA General Records Schedule 6.5, Item 020 (DAA-
0173-2019-0002).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic records, files, and data are stored within FCC or a 
vendor's accreditation boundaries and maintained in a database housed 
in the FCC's or vendor's computer network databases. Access to the 
electronic files is restricted to authorized employees and contractors; 
and to IT staff, contractors, and vendors who maintain the IT networks 
and services. Other employees and contractors may be granted access on 
a need-to-know basis. The electronic files and records 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 privacy standards, including those required by the 
Federal Information Security Modernization Act of 2014 (FISMA), OMB, 
and the National Institute of Standards and Technology (NIST).

[[Page 60462]]

RECORD 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 access to and/or amendment of 
records about themselves should follow the Notification Procedure 
below.

NOTIFICATION PROCEDURES:
    Individuals wishing to determine whether this system of records 
contains information about themselves may do so by writing to 
[email protected]. Individuals requesting access or amendment of records 
must also comply with the FCC's Privacy Act regulations regarding 
verification of identity as required under 47 CFR part 0, subpart E.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    79 FR 48152 (August 15, 2014).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-18948 Filed 8-31-23; 8:45 am]
BILLING CODE 6712-01-P