[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72073-72076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23103]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 179693]


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) proposes to modify an existing system of records, FCC/WTB-6, 
Archival Radio Operator Records, 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

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Commission uses this system to administer the Commission's radio 
operator program including applications and determinations of license 
applicant qualifications, and to refer possible violations of law to 
the appropriate office within the Commission and to the appropriate 
agency outside the Commission. 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 and deletion of existing routine uses.

DATES: This modified system of records will become effective on October 
19, 2023. Written comments on the routine uses are due by November 20, 
2023. The routine uses in this action will become effective on November 
20, 2023 unless comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Katherine C. Clark, Federal Communications 
Commission (FCC), 45 L Street NE, Washington, DC 20554, or to 
[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 Supplementary Document, which includes details of the modifications 
to this system of records).

SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
WTB-6, as a result of various necessary changes and updates. The 
substantive changes and modifications to the previously published 
version of the FCC/WTB-6 system of records include:
    1. Updating the language in the Security Classification to follow 
OMB guidance.
    2. Updating the language in the Purposes section to be consistent 
with the language and phrasing currently used in the FCC's SORNs.
    3. Modifying the language in the Categories of Individuals and 
Categories of Records to be consistent with the language and phrasing 
currently used in the FCC's SORNs.
    4. Deleting two routine uses (listed by former routine use number) 
(2) Employment, Clearances, Licensing, Contract, Grant, or other 
Benefits Decisions by the agency; and (3) Employment, Clearances, 
Licensing, Contract, Grant, or other Benefits Decisions by other than 
the agency--neither of which reflects how the FCC has used or disclosed 
records from this system.
    5. Updating and/or revising language in the following routine uses 
(listed by current routine use number): (1) Public Access; (2) 
Litigation and Adjudication which is now two separate routine uses--(2) 
Litigation and (3) Adjudication; (5) Law Enforcement and Investigation; 
(6) Congressional Inquiries; and (7) Government-wide Program Management 
and Oversight.
    6. Adding the following new routine uses (listed by current routine 
use number): (4) FCC Enforcement Actions; (8) Breach Notification, the 
addition of which is as required by OMB Memorandum No. M-17-12; (11) 
Assistance to Federal Agencies and Entities Related to Breaches, the 
addition of which is required by OMB Memorandum No. M-17-12; and (10) 
Non-Federal Personnel to allow contractors, vendors, grantees, or 
volunteers performing or working on a contract, grant, or cooperative 
agreement for the Federal Government to have access to needed 
information.
    7. Updating the SORN to include the records schedule N1-173-94-002, 
``Wireless Telecommunications Bureau--Licensing Division Records.''
    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/WTB-6, Archival Radio Operator Records.

SECURITY CLASSIFICATION:
    No information in the system is classified.

SYSTEM LOCATION:
    Wireless Telecommunications Bureau, FCC, 1270 Fairfield Road, 
Gettysburg, Pennsylvania 17325.

SYSTEM MANAGER(S):
    Chief, Technologies Systems and Innovation Division, Wireless 
Telecommunications Bureau, FCC, 1270 Fairfield Road, Gettysburg, PA 
17325.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 303(l), 303(m), and 318.

PURPOSE(S) OF THE SYSTEM:
    WTB uses the information in this information system for purposes 
that include, but are not limited to:
    1. To administer the Commission's radio operator program including 
applications and determinations of license applicant qualifications.
    2. To enforce the Communications Act, as amended, FCC regulations, 
other FCC requirements or orders, other statutes and regulations 
subject to the FCC's jurisdiction, and/or international treaties (Rules 
and Regulations), and refer possible violations to the FCC's 
Enforcement Bureau, OGC, and/or to the appropriate agency charged with 
the responsibility of investigating or prosecuting such violation(s).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals whose records are maintained in this 
system include, but are not limited to. individuals who applied for 
and/or received a radiotelephone (wireless) operator license or permit 
prior to the implementation of the Federal Communications Commission's 
Universal Licensing System (ULS) in 2001.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records in this system include, but are not limited to:
    1. Applications for radiotelephone (wireless) operator's license or 
permit prior to the implementation of the FCC's Universal Licensing 
System in 2001; and
    2. Documents associated with these applications.

RECORD SOURCE CATEGORIES:
    Under the authority granted to heads of agencies by 5 U.S.C. 
552a(k), the FCC has determined (47 CFR 0.561) that this system of 
records is exempt from disclosing its record sources for this system of 
records.

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--the licensee records will routinely be made 
publicly available; ITIN Numbers and material which is afforded 
confidential treatment pursuant to a request made under 47 CFR 0.459 
will not be available for public inspection. Names and other 
information about individuals subject to investigations or similar 
actions may be disclosed to the public in Commission releases, 
including Notices of Apparent Liability, Forfeiture Orders, Consent 
Agreements, Notice Letters, or all other actions released by a Bureau 
or the Commission as part of their duties to enforce FCC Rules and 
Regulations.
    2. Litigation--To disclose records to the Department of Justice 
(DOJ) when: (a) the FCC or any component thereof;

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(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 Department of Justice is for a purpose that is 
compatible with the purpose for which the FCC collected the records.
    3. 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.
    4. 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.
    5. Law Enforcement and Investigation--When the FCC investigates any 
violation or potential violation of a civil or criminal law, 
regulation, policy, executed consent decree, order, or any other type 
of compulsory obligation, to disclose pertinent information as it deems 
necessary with the target of an investigation, as well as with 
appropriate Federal, State, local, Tribal, international, or 
multinational agencies, or a component of such an agency, responsible 
for investigating, prosecuting, enforcing, or implementing a statute, 
rule, regulation, or order.
    6. 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.
    7. Government-wide Program Management and Oversight--To DOJ to 
obtain that Department's advice regarding disclosure obligations under 
the Freedom of Information Act (FOIA); or to OMB to obtain that 
office's advice regarding obligations under the Privacy Act.
    8. 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 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.
    9. 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.
    10. Non-Federal Personnel--To disclose information to non-Federal 
personnel, including contractors, 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 in order to perform 
their activity.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These are microfiche files that are maintained in the FCC's 
Gettysburg Office, 1270 Fairfield Road, Gettysburg, PA 17325.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    All records are retrievable by applicant name and the issue date of 
the FCC License.

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) 
Records Schedule No. N1-173-94-002, ``Wireless Telecommunications 
Bureau--Licensing Division Records.''

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The microfiche files are securely maintained in the FCC's 
Gettysburg office. Access to the microfiche files is restricted to 
authorized employees and contractors maintaining these files; other 
employees and contractors may be granted access on a need-to-know 
basis. The microfiche are stored in locked file cabinets that are 
secured at the close of the business day. The security protocols and 
features 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).

RECORD ACCESS PROCEDURES:
    Under the authority granted to heads of agencies by 5 U.S.C. 
552a(k), the FCC has determined (47 CFR 0.561) that this system of 
records is exempt from disclosing its record access procedures for this 
system of records.

CONTESTING RECORD PROCEDURES:
    Under the authority granted to heads of agencies by 5 U.S.C. 
552a(k), the FCC has determined (47 CFR 0.561) that this system of 
records is exempt from disclosing its contesting record procedures for 
this system of records.

NOTIFICATION PROCEDURES:
    Under the authority granted to heads of agencies by 5 U.S.C. 
552a(k), the FCC has determined (47 CFR 0.561) that this system of 
records is exempt from disclosing its notification procedure for this 
system of records.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    This system of records is exempt from sections (c)(3), (d), 
(e)(4)(G), (H), and (I), and (f) of the Privacy Act of 1974, 5 U.S.C. 
552a, and from 47 CFR 0.554 through 0.557 of the Commission's rules. 
These provisions concern the notification, record access, and 
contesting procedures described above, and also the publication of 
record sources. The system is exempt from these provisions because it 
contains investigative material compiled for law enforcement purposes 
as defined in Section (k)(2) of the Privacy Act.

[[Page 72076]]

HISTORY:
    71 FR 17272 (April 5, 2006).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-23103 Filed 10-18-23; 8:45 am]
BILLING CODE 6712-01-P