[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74946-74948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20848]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 243635]


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/MB-2, 
Broadcast Station Public Inspection Files, which has been renamed FCC/
MB-2, Online Public Inspection File. The Commission requires television 
broadcasters to submit their public filing information to the FCC to be 
posted in an online public inspection file. In 2016, the Commission 
expanded its Online Public Inspection File (OPIF) requirements to cable 
operators, satellite TV (also referred to as ``Direct Broadcast 
Satellite'' or ``DBS'') providers, broadcast radio licensees, and 
satellite radio (also referred to as ``Satellite Digital Audio Radio 
Services'' or ``SDARS'') licensees. This system of records covers the 
personally identifiable information (PII) that may be contained in an 
OPIF.

DATES: This modified system of records will become effective on 
September 13, 2024. Written comments on the routine uses are due by 
October 15, 2024. The routine uses in this action will become effective 
on October 15, 2024 unless comments are received that require a 
contrary determination.

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

FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or 
[email protected].

SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
MB-2 as a result of various necessary changes and updates. The 
substantive changes and modifications to the previously published 
version of the FCC/MB-2 system of records include:
    1. Updating the SORN to reflect the addition of cable operators, 
DBS providers, broadcast radio licensees, and SDARS licensees, and 
changing the name of the system to ``Online Public Inspection File;''
    2. Updating the Purposes, Categories of Records, Categories of 
Individuals, and Record Source Categories to reflect the collection of 
Equal Employment Opportunity (EEO) and related data through FCC Form 
2100 Schedule 396 Broadcast Equal Employment Opportunity Program Report 
(Form 396-B), annual EEO Public File Reports (certain years of which 
can also be attached to Form 396-B, attached to the Multichannel Video 
Program Distributor EEO Program Report (Form 396-C), or submitted in 
response to an EEO audit), and audit responses related to the 
administration of the Commission's responsibilities under 47 CFR 
73.2080; and adding the Enforcement Bureau to System Location and 
System Manager, to reflect the Bureau's role in enforcing the 
Commission's EEO requirements;
    3. Updating the language in the Security Classification to follow 
OMB guidance;
    4. Otherwise 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;
    5. Deleting three former routine uses (listed by the routine use 
number in the previous iteration of this SORN: (9) FCC Enforcement 
Actions, which is duplicative of the expanded Law Enforcement and 
Investigation routine use in this notice; and (10) Due Diligence 
Inquiries and (11) Financial Obligations under the Debt Collection 
Acts, both of which are no longer applicable.
    6. Adding one new routine use (listed by the routine use number 
provided in this SORN): (8) Assistance to Federal Agencies and Entities 
Related to Breaches, the addition of which is required by OMB M-17-12;
    7. Updating and/or revising language in seven routine uses (listed 
by the routine use number provided in this SORN): (2) Law Enforcement 
and Investigation; (3) Litigation and (4) Adjudication (now two 
separate routine uses); (5) Congressional Inquiries; (6) Government-
wide Program Management and Oversight; (7) Breach Notification, the 
modification of which is required by OMB M-17-12; and (9) Nonfederal 
Personnel.
    8. Updating the SORN to include the National Archives and Records 
Administration (NARA) records schedule DAA-0173-2020-0003, EEO Audits.
    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, retention, disposal and 
retrieval of the information; administrative, technical, and physical 
safeguards; and updated notification, records access, and contesting 
records procedures.

SYSTEM NAME AND NUMBER:
    FCC/MB-2, Online Public Inspection File.

SECURITY CLASSIFICATION:
    Unclassified.

[[Page 74947]]

SYSTEM LOCATION:
    Media Bureau (MB) and Enforcement Bureau (EB), Federal 
Communications Commission (FCC), 45 L Street NE, Washington, DC 20554.

SYSTEM MANAGER(S):
    MB and EB, FCC, 45 L Street NE, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 151, 152, 154(i), 154(j), 303, 307, 315, and 335.

PURPOSE(S) OF THE SYSTEM:
    The Commission requires television broadcasters to submit their 
public filing information to the FCC to be posted in an online public 
inspection file. In 2016, the Commission expanded its OPIF requirements 
to cable operators, DBS providers, broadcast radio licensees, and SDARS 
licensees. This system of records covers the PII that may be contained 
in an OPIF. This includes information related to individuals associated 
with broadcast entities and SDARS licensees as well as individuals 
identified in EEO data (including the name of any EEO complainants) 
collected through Form 396-B pursuant to 47 CFR 73.2080 as well as in 
audit responses. EEO data are also provided in EEO Public File Reports 
(including PII related to recruitment and referral sources), which are 
uploaded to OPIF annually and, in certain years, are attached to Form 
396-B and/or an EEO audit response. Further, this system of records 
also includes information related to individuals associated with cable 
operators and DBS providers identified in EEO data provided in annual 
EEO Public File Reports (including PII related to recruitment and 
referral sources), which are required to be uploaded to OPIF annually, 
and, every fifth year, the most recent report must be attached by cable 
operators and DBS providers to the Supplemental Investigation Sheet 
(SIS) of the Form 396-C, under 47 CFR 76.77. The Commission hosts OPIF 
in an online, publicly available database for the purpose of making the 
files more accessible to the public.
    This system also includes information about individuals who are 
required to file personal information pertaining to their political 
campaigns, including requests for broadcast time made by or on behalf 
of a candidate and the disposition of those requests, information 
regarding other appearances by candidates (excluding those in certain 
news programming exempt from the equal opportunities provision), and 
information about issue advertising that communicates a message 
relating to any political matter of national importance. Requiring 
these entities to maintain complete and up to date political files is 
critical because the information in these files directly affects, among 
other things, the statutory rights of opposing candidates to request 
equal opportunities under Section 315(a) of the Communications Act and 
present their positions to the public prior to an election. In 
addition, the political files allow the public to verify that 
Commission licensees and regulatees have complied with their 
obligations relating to use of their facilities by candidates for 
political office and to obtain information about entities sponsoring 
candidate and issue advertisements.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals in this system include: (1) 
Individuals who are required to file personal information pertaining to 
their political campaigns, as described above; (2) Individuals who are 
associated with a television or radio broadcast station licensee, cable 
operator, DBS provider, or SDARs licensee and are required to submit 
information under 47 CFR 73.3526, 73.3527, 25.701, 25.702, and 76.1700; 
and (3) Individuals filing Form 396-B on behalf of broadcast stations 
and SDARS licensees and individuals who have filed discrimination 
complaints involving those licensees and are named in attachments to 
Form 396-B, which is required under 47 CFR 73.2080, and individuals 
identified in audit responses and EEO Public File Reports; (4) 
Individuals associated with EEO data provided by cable operators and 
DBS providers in annual EEO Public File Reports, including the year 
subject to SIS which is attached to the Form 396-C.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system may include an 
individual's name, home address, home telephone number, personal cell 
phone number, personal email address(es), personal fax number, and 
other personal information that stations may include in their public 
files, and which may be included in the documents, files, and records 
(including Form 396) that television and radio broadcast stations, 
cable operators, DBS providers, SDARS licensees, and certain 
individuals are required to either submit to the FCC or to post in the 
FCC's Online Public Inspection File.

RECORD SOURCE CATEGORIES:
    The sources for the information in the Online Public Inspection 
File include the documents, files, and records (including Form 396, EEO 
Public File Reports, and, as applicable, responses to audit letters) 
that television and radio broadcasters, cable operators, DBS providers, 
and SDARS licensees are required to make available for public 
inspection in OPIF, as well as information imported from the FCC 
Licensing and Management System (LMS).

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 in 
the Online Public Inspection File are available for public inspection 
on the FCC's website.
    2. 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 and determines that a record in this system, 
either alone or in conjunction with other information, indicates a 
violation or potential violation of law, regulation, policy, consent 
decree, order, or other compulsory obligation, the FCC may disclose 
pertinent information as it deems necessary to the target of an 
investigation, as well as with the 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.
    3. Litigation--Records may be disclosed 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 Department of Justice is for a purpose that is 
compatible with the purpose for which the FCC collected the records.
    4. Adjudication--Records may be disclosed in a proceeding before a 
court

[[Page 74948]]

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.
    5. Congressional Inquiries--Information may be provided to a 
Congressional office in response to an inquiry from that Congressional 
office made at the written request of the individual to whom the 
information pertains.
    6. Government-wide Program Management and Oversight--Information 
may be disclosed to 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.
    7. Breach Notification--Records may be disclosed 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 system, 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.
    8. Assistance to Federal Agencies and Entities Related to 
Breaches--Records may be disclosed 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.
    9. Non-Federal Personnel--Records may be disclosed 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 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:
    This an electronic system of records that resides on the FCC's 
network or on an FCC vendor's network.

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

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The information in this system is limited to electronic files, 
records, and data, which includes: (1) The information that pertains to 
current filing requirements; and (2) the information that pertains to 
historical records, which is used for archival purposes. National 
Archives and Records Administration (NARA) Records Schedule N1-173-86-
2, authorizes permanent retention of original documents of information 
reported pursuant to 47 CFR 73.3526, 73.3527, 25.701, 25.702, and 
76.1700 of the Commission's rules. EEO audit records are retained in 
accordance with NARA records schedule DAA-0173-2020-0003, EEO Audits. 
In the absence of a more specific NARA-approved records schedule, such 
as the schedule for EEO audits, any information in this system that is 
not covered by the agency records control schedule N1-173-86-2 will 
also be treated as permanent.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to the information, e.g., electronic records, files, and 
data, in the Online Public Inspection File, which is housed in the FCC 
computer network databases, is posted on the internet to be publicly 
accessible. Only the entities that upload information into the files 
can alter their information. 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), the Office of Management 
and Budget (OMB), and the National Institute of Standards and 
Technology (NIST).

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

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about themselves should follow the Notification Procedures 
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 must also comply with 
the FCC's Privacy Act regulations regarding verification of identity to 
gain access to records as required under 47 CFR part 0, subpart E.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    77 FR 32111 (May 31, 2012).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-20848 Filed 9-12-24; 8:45 am]
BILLING CODE 6712-01-P