Federal Communications Commission - gpo.gov · ... Federal Communications Commission (FCC or ... FCC/CCB–1 to new FCC/CIB–1, ‘‘Informal Complaints ... ‘‘Employee Complaint

Monday,

October 23, 2000

Part IV

FederalCommunicationsCommissionPrivacy Act of 1974, As Amended; Systemof Records; Notice

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63468 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

FEDERAL COMMUNICATIONSCOMMISSION

Privacy Act of 1974, As Amended;System of Records

AGENCY: Federal CommunicationsCommission (FCC or Commission)ACTION: Notice; one proposed newsystem of records, 24 proposed newroutine uses, 30 altered systems ofrecords, and elimination of threesystems of records.

SUMMARY: As required by the PrivacyAct of 1974, 5 U.S.C. 552a(e)(4), asamended, this document sets forthnotice of the existence of all systems ofrecords maintained by the FCC. Thisnotice also proposes to establish onenew system of records, to alter 30existing systems, and to eliminate threesystems of records that are no longerused by the Commission. For theconvenience of the reader, the agencyeliminated using ‘‘Blanket RoutineUses’’ and listed the routine uses in thebody of the notice itself. This noticeprovides and makes readily available inone issue of the Federal Register anaccurate and complete text, withadministrative and editorial changes, ofthe FCC’s systems of records for use byindividuals and by agency Privacy Actofficials.DATES: Any interested person maysubmit written comments concerningthe routine uses of this system on orbefore November 22, 2000. The Office ofManagement and Budget (OMB), whichhas oversight responsibility under thePrivacy Act to review the system, maysubmit comments on or beforeDecember 4, 2000. This proposedsystem will be effective on December 4,2000 unless the FCC receives commentsthat require a contrary determination.The Commission will publish adocument in the Federal Registernotifying the public if any changes arenecessary.ADDRESSES: Address comments to LesSmith, Performance Evaluation andRecord Management (PERM), Room 1–A804, Federal CommunicationsCommission, 445 12th Street, SW.,Washington, DC 20554, or via theInternet at [email protected], or toEdward Springer, FCC Desk Officer,Office of Information and RegulatoryAffairs, Office of Management andBudget, Docket Library, Room 10236,NEOB, 725 17th Street, NW.,Washington, DC 20503, or via theInternet at Edward [email protected].

FOR FURTHER INFORMATION CONTACT: LesSmith, Performance Evaluation and

Record Management (PERM), Room 1–A804, Federal CommunicationsCommission (FCC), 445 12th Street,SW., Washington, DC 20554, or via theInternet at [email protected] or LaurenceSchecker, Attorney Advisor, Office ofGeneral Counsel, at (202) 418–1720 orvia the Internet at [email protected] INFORMATION: The FCCpreviously gave complete notice of all ofits systems of records by publication inthe Federal Register, May 18, 1992, 57FR 21091. Since that publication, theCommission has added and deletedsystems of records, and has made non-substantive changes to many existingsystems of records. Therefore, acomplete copy of the Commission’ssystems of records presently can beobtained only by referring to severalFederal Register notices. TheCommission is publishing the completetext of all of its systems notices toprovide a current, easily accessiblecompilation.

The proposed changes in this noticeresult from editorial changes to theexisting systems of records; notices toupdate, simplify, or clarify, asnecessary, these systems of records; theapplication of new technology; and thetransfer of duties and responsibilitiesbetween bureaus, including the creationof the Wireless TelecommunicationBureau (WTB) in 1994, and the mostrecent Commission reorganization, thecreation of the Enforcement Bureau (EB)and the Consumer Information Bureau(CIB), and the elimination of theCompliance and Information Bureau(CIB) in 1999.

The transfer, updating, or renaming ofseven systems of records betweenbureaus:

1. FCC/CCB–1 to new FCC/CIB–1,‘‘Informal Complaints and InquiriesFiles (Broadcast, Common Carrier, andWireless Telecommunications BureauRadio Services);’’

2. Old FCC/CIB–4 to new FCC/CIB–4,‘‘Telephone and Electronic Contacts;’’

3. Old FCC/FOB–2 to new FCC/EB–1,‘‘Violators File;’’

4. Old FCC/FOB–3 to new FCC/EB–2,‘‘State and Operational AreasEmergency Commissions CommitteeMembership;’’

5. FCC/OGC–7 to FCC/Central-12,‘‘Garnishment and Levy of Wages;’’

6. Old FCC/PRB–5 to FCC/WTB–5,‘‘Application Review List for Present orFormer Licensees, Operators, orUnlicensed Persons Operating RadioEquipment Improperly;’’ and

7. Old FCC/FOB–1 to FCC/WTB–6,‘‘Radio Operator Records.’’

The addition of one new system ofrecords:

FCC/Central-11, ‘‘Interoffice(GroupWise) and Internet E-mailSystems;’’ and

The purging of three systems ofrecords:

1. FCC/Central-3, ‘‘EmployeeAssistance Program Case Files;’’

2. FCC/OGC–1, ‘‘Alleged ViolatorsFile (Ex Parte Rules);’’ and

3. FCC/OGC–4, ‘‘Parties Involved inCurrent Litigation before FederalCourts.’’

The alteration of nine systems ofrecords to make various editorialchanges to the existing systems notices:FCC/Central-5, ‘‘Alcoholism and DrugCase Files; FCC/Central-6, ‘‘PersonnelInvestigative Records;’’ FCC/Central-7,‘‘Freedom of Information Act CaseFiles;’’ FCC/OGC–2, ‘‘AttorneyMisconduct Files; FCC/OGC–2,‘‘Employee Complaint Adjudication;’’FCC/OGC–6, ‘‘Private or Civil InjuryClaimants;’’ FCC/OIG–1, ‘‘CriminalInvestigative Files;’’ FCC/OIG–2,‘‘General Investigative Files;’’ and FCC/OMB–4, ‘‘Security Office Control Files.’’

The expansion of 15 systems ofrecords to include additionalcomponents and updates:

FCC/Central-1, ‘‘Pay and Leave,’’ wasmodified to remove the travelcomponent, which was transferred toFCC/OMD–6, and to add the ‘‘leavetransfer’’ program. The records in thissystem of records were also expanded toinclude Social Security Numbers, whichare required to administer theCommission’s pay and leaverequirements.

FCC/Central-2, ‘‘Employee LocatorCard Files,’’ the purpose of this systemof records was modified to address itsuse for administrative offices only. Thesystem of records was also as expandedto add five routine uses, as follows:

• Routine use (1) allows disclosurewhere there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records may be referred to theappropriate Federal, state, or localagency responsible for investigating orprosecuting a violation or for enforcingor implementing the statute, rule,regulation, or order;

• Routine use (2) allows disclosure toa Federal agency, in response to itsrequest, in connection with the hiring orretention of an employee, the issuanceof a security clearance, the reporting ofan investigation of an employee, theletting of a contract, or the issuance ofa license, grant, or other benefit;

• Routine use (3) allows a record onan individual in this system of recordsto be disclosed to a Congressional officein response to an inquiry the individualhas made to the Congressional office;


63469Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Notices

• Routine use (4) allows a record fromthis system of records to be disclosed toan FCC officer in the case where anemergency of a medical or other natureinvolving the employee may occurwhile on the job; and

• Routine use (5) permits a record inthis system of records to be disclosed tothe Office of Personnel Management inorder for it to carry out its legallyauthorized Government-wide functionsand duties.

FCC/Central-8, ‘‘Telephone Call Detailand Equipment Loan Records,’’ thecategories of individuals and thecategories of records covered by thissystem were expanded to include thoseindividuals who are loaned electronicequipment to use when their workrequires them to work outside the officeor to maintain close contact with theCommission staff, i.e., laptopcomputers, pagers/beepers, and cellulartelephone equipment, etc. These recordsinclude the individual’s name, FCC I.D.badge number, bureau/office, loanedequipment’s barcode number, serialnumber, model number, and modemnumber.

FCC/Central-9, ‘‘Denial of FederalBenefits (Drug Debarment List),’’ thecategories of records in this system wereexpanded to include the person’sTaxpayer Identification Number (TIN).

FCC/Central-10, ‘‘Access ControlSystem,’’ the categories of records in thesystem were modified to limit the dataelements in the ‘‘visitors database’’ tojust the person’s first and last namesand their numerical identifier. (Theperson’s telephone number, destination,agency or firm name, and thephotographic identification elementswere removed as required fields.)

FCC/CIB–1, ‘‘Informal Complaintsand Inquiries Files (Broadcast, CommonCarrier, and WirelessTelecommunications Bureau RadioServices),’’ was expanded to includeother telecommunications servicecomplaints and inquiries as noted in thetitle change. The Commission nowredacts information which couldidentify the complainant orcorrespondent, i.e., name, address, and/or telephone number, before it allowsthe public to inspect the records.Several routine uses were added asfollows:

• Routine use (1) permits a recordfrom this system to be disclosed whena complaint against a common carrier isinvolved, the complaint is forwarded tothe defendant carrier who must, withina prescribed time frame, either satisfythe complaint or explain to theCommission and the complainant itsfailure to do so;

• Routine use (3) permits a recordfrom this system to be disclosed to aFederal agency, in response to itsrequest, in connection with the hiring orretention of an employee, the issuanceof a security clearance, the reporting ofan investigation of an employee, theletting of a contract, or the issuance ofa license, grant, or other benefit;

• Routine use (6) permits a record onan individual in this system of recordsto be disclosed to a Congressional officein response to an inquiry the individualhas made to the Congressional office;and

• Routine use (7) permits a recordfrom this system of records to bedisclosed to GSA and NARA for thepurpose of records managementinspections conducted under authorityof 44 U.S.C. 2904 and 2906. Suchdisclosure shall not be used to make adetermination about individuals.

FCC/EB–1, ‘‘Violators File,’’ thecategories of individuals covered by thissystem were expanded to includelicensees, applicants, and unlicensedpersons under parts 80, 87, 90, 94, 95,and 97 of the rules about whom therewere questions of compliance with theCommission’s rules or theCommunications Act of 1934, asamended. One routine use was alsoadded as follows:

• Routine use (4) was modified sothat a record from this system of recordsmay be disclosed in response to arequest for information from a Federal,state, or local agency maintaining civil,criminal, or other relevant enforcementinformation or other pertinentinformation, such as licenses, ifnecessary to obtain information relevantto a Commission decision concerningthe hiring or retention of an employee,the issuance of a security clearance, theletting of a contract, or the issuance ofa license, grant, or other benefit.

FCC/OET–1, ‘‘Experimental RadioStation License Files,’’ the categories ofrecords in this system have beenexpanded to include the applicant’sFCC Registration Number (FRN), FCCForm 702, Application for Consent toAssignment of Radio StationConstruction Authorization or License;and FCC Form 703, Application forConsent to Transfer Control ofCorporation Holding Station License. Aroutine use was added as follows:

• Routine use (1) in this system wasmodified to restrict disclosure ofinformation if it is not routinelyavailable for public inspection under§ 0.457 of the Commission’s rules, 47CFR 0.459, or a request that theinformation be given confidentialtreatment is granted under § 0.459 of theCommission’s rules, 47 CFR 0.459.

FCC/OGC–5, ‘‘Parties with PendingCivil Cases that Affect the Commissionbefore any District Court; before anyCourt of Appeals; and before theSupreme Court,’’ the name of thissystem was modified to includeadditional courts.

FCC/OMD–2, ‘‘Labor and EmployeeRelations Case Files,’’ has beenmodified to add a routine use asfollows:

• Routine use (1) permits disclosureto FCC officials when such officialshave a ‘‘need to know’’ in carrying outtheir official duties.

FCC/OMD–3, ‘‘Federal AdvisoryCommittee Membership File (FACA),’’the categories of records in this systemhave been expanded to include copiesor originals of financial disclosureforms, whenever they must be filed bythe committee members, may be kept bythe members’ respective advisorycommittees. Specific information onAdvisory Committees is generally storedwith each Advisory Committee Officialwhile the more general informationabout the committees is the Office of theManaging Director. In addition theroutine uses were also modified orexpanded as follows:

• Routine use (2) which allows fordisclosure of information to the public,upon request, has been modified tomake these records available in bothhardcopy and electronic;

• Routine use (3) which permitsdisclosure to the General ServicesAdministration (GSA) has beenexpanded to permit disclosure, ifnecessary, to the Office of Managementand Budget (OMB), for use in compilingan annual report; and

• Routine use (4) has been addedwhich may permit a record in thissystem to be disclosed to furnishinformation to Congress in response toperiodic Congressional inquiries.

FCC/OMB–6, ‘‘Records of MoneyOwed, Received, Refunded, andReturned,’’ was modified to add‘‘Owed’’ to the title of this system ofrecords. A travel component wastransferred from FCC/Central-1 to thissystem of records. The categories ofrecords in this system were alsoexpanded to include the TaxpayerInformation Number (TIN), the FCCRegistration Number (FRN), and loanpayment information;

FCC/OMD–7, ‘‘FCC Employee TransitBenefit and Parking Permit Programs,’’has added a mass transit component andhandicap provisions which hasexpanded the number of routine usesapplicable to this system of records.These are as follows:

• Routine use (4) which allows arecord in this system to be disclosed to



a FCC employee in his/her individualcapacity when inquiring about his/herapplication that was submitted for theTransit Benefit and/or Parking PermitPrograms. Employees may do so bysupplying their full name and FCC IDBadge Number (Identification Numbermust match number in the system);

• Routine use (5) which allows recordin this system to be disclosed wherethere is an indication ofmisrepresentation to obtain, or misuseof, a transit benefit; and/or parkingpermit, records from this system may bereferred to the appropriate FCC officialresponsible for revoking the transitbenefit and/or parking permit, andrecovering the unauthorized amount ofused transit benefit, suspendingemployee participation in the programs,and/or may result in disciplinary action;

• Routine use (6) which allows recordin this system to be disclosed to GSA/GAO for the purposes of recordsmanagement inspections conducted.Such disclosure shall not be used tomake a determination about anindividual;

• Routine use (7) which allows arecord in this system to be used foradministrative purposes by authorizedpersonnel for production of listings andreports. This system may be used forperiodic review of re-certification, andto ensure eligibility for, and receipt of,transit benefit and parking privileges;

• Routine use (8) which allows arecord from this system to be disclosedfor a request for information from aFederal, state, or local agency inconnection with the approval/disapproval of an application for specialparking assignment; and

• Routine use (9) which allows arecord in this system to be disclosed toagency contractors, who have beenengaged by the agency to assist in theperformance of a service related to thissystem of records and who need to haveaccess to the records in order to performthe necessary activity. Recipients willbe required to comply with therequirements of the Privacy Act of 1974,as amended, pursuant to 5 U.S.C.552a(m).

FCC/WTB–1, ‘‘Wireless ServicesLicensing Records,’’ the categories ofrecords has been expanded to includethe Taxpayer Identification Number(TIN) which appears on all FCC formslisted under this system of records.

FCC/WTB–5, ‘‘Application ReviewList for Present or Former Licensees,Operators, or Unlicensed PersonsOperating Radio EquipmentImproperly,’’ was expanded to includeseven routine uses. These are as follows:

• Routine use (1) allows a record fromthis system of records to be disclosed

where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records from this system may bereferred to the appropriate Federal,state, or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, regulations or order;

• Routine use (2) allows record fromthis system to be disclosed to requestinformation from a Federal, state, orlocal agency maintaining civil, criminal,or other relevant enforcementinformation or other pertinentinformation, such as licenses, ifnecessary to obtain information relevantto a Commission decision concerningthe issuance of a license, grant or otherbenefit or enforcement proceedings;

• Routine use (3) allows a record fromthis system to be disclosed to a Federalagency, in response to its request, inconnection with the hiring or retentionof an employee, the issuance of asecurity clearance, the reporting of aninvestigation of an employee, the lettingof a contract, or the issuance of alicense, grant or other benefit;

• Routine use (4) allows a record onan individual in this system of recordsto be disclosed to a Congressional officein response to an inquiry the individualhas made to the Congressional office.

• Routine use (5) allows a record fromthis system of records to be disclosed toGSA and NARA for the purpose ofrecords management inspectionsconducted under authority of 44 U.S.C.2904 and 2906. Such disclosure shallnot be used to make a determinationabout individuals;

• Routine use (6) allows a record onan individual in this system of recordsto be disclosed, where pertinent, in anylegal proceeding to which theCommission is a party before a court oradministrative body;

• Routine use (7) allows a record fromthis system of records to be disclosed tothe Department of Justice or in aproceeding before a court oradjudicative body when:

(a) The United States, theCommission, a component of theCommission, or, when arising from hisemployment, an employee of theCommission is a party to litigation oranticipated litigated or has an interest insuch litigation, and

(b) The Commission determines thatthe disclosure is relevant or necessary tothe litigation.

A complete list of all FCC systems ofrecords is published below. Thecomplete text of the notices follows:

Table of Contents

1. FCC/Central-1, Pay and Leave Records.

2. FCC/Central-2, Employee Locator CardFiles.

3. FCC/Central-5, Drug-Free FederalWorkplace Program.

4. FCC/Central-6, Personnel InvestigationRecords.

5. FCC/Central-7, Freedom of InformationAct (FOIA) Case File.

6. FCC/Central-8, Telephone Call Detailand Equipment Loan Records.

7. FCC/Central-9, Denial of FederalBenefits (Drug Debarment List).

8. FCC/Central-10, Access Control System.9. FCC/Central-11, Interoffice (GroupWise)

and Internet E-mail Systems.10. FCC/Central-12, Garnishment and Levy

of Wages.11. FCC/CIB–1, Informal Complaints and

Inquiries Files (Broadcast, Common Carrier,and Wireless Telecommunications BureauRadio Services).

12. FCC/CIB–4, Telephone and ElectronicContacts.

13. FCC/EB–1, Violators File.14. FCC/EB–2, State and Operational Areas

Emergency Commissions CommitteeMembership.

15. FCC/OET–1, Experimental RadioStation License Files.

16. FCC/OGC–2, Attorney MisconductFiles.

17. FCC/OGC–3, Employee ComplaintAdjudication.

18. FCC/OGC–5, Parties with Pending CivilCases that affect the Commission before anyDistrict Court; before any Court of Appeals;and before the Supreme Court.

19. FCC/OGC–6, Private or Civil InjuryClaimants.

20. FCC/OIG–1, Criminal InvestigativeFiles.

21. FCC/OIG–2, General Investigative Files.22. FCC/OMD–2, Labor and Employee

Relations Case Files.23. FCC/OMD–3, Federal Advisory

Committee Membership Files (FACA).24. FCC/OMD–4, Security Office Control

Files.25. FCC/OMD–6, Records of Money Owed,

Received, Refunded, and Returned.26. FCC/OMD–7, FCC Employee Transit

Benefit and Parking Permit Program.27. FCC/OMD–8, Revenue Accounting

Management Information System (‘‘RAMIS’’).28. FCC/OMD–9, Commission Registration

System (‘‘CORES’’).29. FCC/WTB–1, Wireless Services

Licensing Records.30. FCC/WTB–5, Application Review List

for Present or Former Licensees, Operators,or Unlicensed Persons Operating RadioEquipment Improperly.

31. FCC/WTB–6, Radio Operator Records.

Federal Communications Commission.Magalie Roman Salas,Secretary.

FCC/Central-1

SYSTEM NAME:Pay and Leave Records.

SYSTEM LOCATION:Associate Managing Director, Human

Resources Management, Office of



Managing Director, FederalCommunications Commission (FCC),445 12th Street, SW, Room 1–B104,Washington, DC 20554. See FCCtelephone directory for field officeaddresses.

CATEGORIES OF INDIVIDUALS COVERED BY THESYSTEM:

Employees of the FederalCommunications Commission.

CATEGORIES OF RECORDS IN THE SYSTEM:This system contains various records,

including Social Security Numbers,which are required to administer thepay and leave requirements of theCommission.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:44 U.S.C. 3101, 3102, and 3309; 5

U.S.C. 6331–6340; Pub. L. 100–566,Leave Transfer Program; ExecutiveOrder 9397 (November 22, 1943), whichauthorizes the use of the Social SecurityNumber; and Pub. L. 104–193, PersonalResponsibility and Work OpportunityReconciliation Act of 1996.

PURPOSE(S):1. To authorize payroll deductions for

allotments, savings bonds, charitablecontributions, union dues, healthbenefits, and life insurance; collectindebtedness for overpayment of salaryand unpaid Internal Revenue taxes; payincome tax obligations to InternalRevenue Service; authorize issuing ofsalary checks by Treasury Department;report gross wages and separationinformation for unemploymentcompensation; pay any uncollectedcompensation due a deceased employee;provide for a periodic summary ofemployee payroll data and retirementcontributions; and determine eligibilityfor and/or authorize donations for theleave transfer program.

2. As a data source for managementinformation for production of summarydescriptive statistics and analyticalstudies in support of the function forwhich the records are collected andmaintained, or for related personnelmanagement functions or manpowerstudies; may also be utilized to respondto general requests for statisticalinformation (without personalidentification of individuals) under theFreedom of Information Act or to locatespecific individuals for personnelresearch or other personnel managementfunctions.

ROUTINE USES OF RECORDS MAINTAINED IN THESYSTEM, INCLUDING CATEGORIES OF USERS ANDTHE PURPOSES OF SUCH USES:

1. Where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,

records from this system may bereferred to the appropriate federal, state,or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, regulation, or order.

2. A record from this system may bedisclosed to request information from afederal, state, or local agencymaintaining civil, criminal, or otherrelevant information enforcementinformation or other pertinentinformation, such as licenses, ifnecessary to obtain information relevantto a Commission decision concerningthe hiring or retention of an employee,the issuance of a security clearance, theletting of a contract, or the issuance ofa license, grant, or other benefit.

3. A record from this system may bedisclosed to a Federal agency, inresponse to its request, in connectionwith the hiring or retention of anemployee, the issuance of a securityclearance, the reporting of aninvestigation of an employee, the lettingof a contract, or the issuance of alicense, grant, or other benefit.

4. A record on an individual in thissystem of records may be disclosed to aCongressional office in response to aninquiry the individual has made to theCongressional office.

5. A record from this system ofrecords may be disclosed to GAO andNARA for the purpose of recordsmanagement inspections conductedunder authority of 44 U.S.C. 2904 and2906. Such disclosure shall not be usedto make a determination aboutindividuals.

6. A record on an individual in thissystem of records may be disclosed,where pertinent, in any legal proceedingto which the Commission is a partybefore a court or administrative body.

7. A record from this system ofrecords may be disclosed to theDepartment of Justice or in a proceedingbefore a court or adjudicative bodywhen:

(a) The United States, theCommission, a component of theCommission, or, when represented bythe government, an employee of theCommission is a party to litigation oranticipated litigation or has an interestin such litigation, and


8. A record in this system of recordsmay be disclosed to the Office ofPersonnel Management in order for it tocarry out its legally authorizedGovernment-wide functions and duties.

9. The names, social securitynumbers, home addresses, dates ofbirth, dates of hire, quarterly earnings,

employer identifying information, andState of hire of employees may bedisclosed to the Office of Child SupportEnforcement, Administration forChildren and Families, Department ofHealth and Human Services for thepurposes of locating individuals toestablish paternity, establishing andmodifying orders of child support,identifying sources of income, and forother child support enforcement actionsas required by the PersonalResponsibility and Work OpportunityReconciliation Act (Welfare ReformLaw, Pub. L 104–193).

In each of these cases, the FCC willdetermine whether disclosure of therecord is compatible with the purposefor which the records were collected.

POLICIES AND PRACTICES FOR STORING,RETRIEVING, ACCESSING, RETAINING, ANDDISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in anautomated personnel and payroll systemand in files in folders, cards, magnetictapes, and loose leaf binders.

RETRIEVABILITY:

Records are indexed by name andsocial security number.

SAFEGUARDS:

Records are maintained in filingcabinets in an office that is locked whennot occupied by staff. Automated andmanual records are available only toauthorized personnel whose dutiesrequire access. Data resident on networkservers are backed-up daily to magneticmedia. One week’s worth of back-uptapes is stored on-site in fireproof saves.Each week, the previous week’s backuptapes are sent to an off-site storagelocation. A maximum of ten week’stapes are kept and cycled in thisfashion.

RETENTION AND DISPOSAL:

Records are maintained for varyingperiods of time from one year topermanently in accordance withGeneral Records Schedules issued bythe National Archives and RecordsAdministration. Disposal is byshredding.

SYSTEM MANAGER(S) AND ADDRESS:

Associate Managing Director, HumanResources Management, Office of theManaging Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–B104,Washington, DC 20554, or theappropriate administrative office inwhich the individual is employed.



NOTIFICATION PROCEDURE:Address inquiries to the system

manager. It is necessary to furnish thefollowing information in order toidentify the individual whose recordsare requested: Full name; Date of Birth;Social Security Number; and Mailingaddress to which the reply should bemailed.

RECORD ACCESS PROCEDURES:Address inquiries to the system

manager. Requesters should reasonablyspecify the record contents beingcontested.

CONTESTING RECORD PROCEDURES:Address inquiries to the system

manager. Requesters should reasonablyspecify the record contents beingcontested.

RECORD SOURCE CATEGORIES:Information is provided by

management officials and by theindividuals on whom the record ismaintained.

EXEMPTIONS CLAIMED FOR THE SYSTEM:None.

FCC/Central-2

SYSTEM NAME:Employee Locator Card Files.

SYSTEM LOCATION:Mailroom and administrative offices

of the Federal CommunicationsCommission (FCC), 445 12th Street, SW,Room TW–C201, Washington, DC20554, and FCC field offices. See FCCtelephone directory for field officeaddresses.


Current employees of the FederalCommunications Commission.

CATEGORIES OF RECORDS IN THE SYSTEM:1. This system contains information

regarding the employee’s office,organizational location, telephonenumber, home telephone number andaddress.

2. This system also contains the homeaddress and telephone number of theemployee, and the name, address, andtelephone number of an individual tocontact in the event of a medical orother emergency involving theemployee.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301.

PURPOSE(S):

Information in this system of recordsis collected for use of the administrativeoffices. The records in this system serve

to identify an individual for officeofficials to contact, should anemergency of a medical or other natureinvolving the employee occur while theemployee is on the job.


The records in this system of recordsmay be used:

1. Where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records from this system of records maybe referred to the appropriate Federal,state, or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, or regulation, or order.



4. A record from this system ofrecords may be disclosed to an FCCofficer in the case where an emergencyof a medical or other nature involvingthe employee may occur while on thejob.

5. A record in this system of recordsmay be disclosed to the Office ofPersonnel Management in order for it tocarry out its legally authorizedGovernment-wide functions and duties.

In each of these cases, the FCC willdetermine whether disclosure of therecord is compatible with the purposefor which the records were collected.


STORAGE:Records are maintained on cards or 3″

x 5″ paper.

RETRIEVABILITY:Records are retrieved by the

employee’s name.

SAFEGUARDS:Records are maintained in secured

areas and are available only toauthorized personnel whose dutiesrequire access.

RETENTION AND DISPOSAL:Records are maintained as long as the

individual is an employee of the Federal

Communications Commission. Expiredrecords are destroyed by shredding.

SYSTEM MANAGER(S) AND ADDRESS:Appropriate personnel or

administrative office in which theemployee is employed.

NOTIFICATION PROCEDURE:FCC employees wishing to inquire

whether this system containsinformation about them should contactthe appropriate FCC administrativeofficer where employed. Individualsmust supply their full name in order forrecords to be located and identified.

RECORD ACCESS PROCEDURES:Same as above.

CONTESTING RECORD PROCEDURES:Same as above.

RECORD SOURCE CATEGORIES:Individual on whom the record is

maintained.


FCC/Central-5

SYSTEM NAME:Drug-Free Federal Workplace

Program.

SYSTEM LOCATION:Associate Managing Director—

Administrative Operations, Office ofManaging Director, FederalCommunications Commission (FCC),445 12th Street, SW., Washington, DC20554.


FCC employees who seek guidanceand counseling through the agencyDrug-Free Federal Workplace Program.

CATEGORIES OF RECORDS IN THE SYSTEM:This system includes information on

an employee’s personal history as itrelates to his/her problem. The systemalso contains records on employeesreferred for counseling.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:5 U.S.C.

PURPOSE(S):Reference material for the use of the

Program Administrator and Counselors.


Records in this system of recordscontain reference material(s) for the useof the Program Administrator andCounselors. In each case, the FCC willdetermine whether disclosure of the



records is compatible with the purposefor which the records were collected.


STORAGE:

Records are stored in locked metalcabinets in the Program Administrator’sOffice.

RETRIEVABILITY:

Records are filed and retrieved byname of the employee.

SAFEGUARDS:

Records are maintained in an officethat is locked when not occupied by theProgram Administrator. They aremaintained in strict confidence and areaccorded the same security andaccessibility restrictions provided formedical records.


Records are kept indefinitely or untilthe employee leaves the FCC, at whichtime they are destroyed by shredding.


Associate Managing Director—Administrative Operations, Office of theManaging Director, FederalCommunications Commission (FCC),445 12th Street, SW., Washington, DC20554.

NOTIFICATION PROCEDURE:

Address inquiries to the systemmanager.

RECORD ACCESS PROCEDURES:


CONTESTING RECORD PROCEDURES:


RECORD SOURCE CATEGORIES:

Employee, employee’s supervisor, andcounselors.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FCC/Central-6

SYSTEM NAME:

Personal Investigation Records.

SECURITY CLASSIFICATION:

None for the system; however, itemsor records within the system may havenational defense/foreign policyclassifications up through secret.

SYSTEM LOCATION:

Security Operations Center, AssistantManaging Director—AdministrativeOffices (AMD–AO), Office of Managing

Director, Federal CommunicationsCommission (FCC), 445 12th Street,SW., Room 1–B458, Washington, DC20554.


1. Current and former FCC employeesor applicants for employment in theFederal service.

2. Individuals considered for access toclassified information or restricted areasand/or security determinations such ascontractors, experts, instructors, andconsultants to Federal programs.

3. Individuals who are neitherapplicants nor employees of the FederalGovernment, but who are or wereinvolved in Federal programs under aco-operative agreement.

CATEGORIES OF RECORDS IN THE SYSTEM:1. These records contain investigative

information regarding an individual’scharacter, conduct, and behavior in thecommunity where he or she lives orlived; arrests and convictions forviolations against the law; reports ofinterviews with present and formersupervisors, co-workers, associates,educators, etc.; reports about thequalifications of an individual for aspecific position; reports of inquirieswith law enforcement agencies,employers, educational institutionsattended; reports of action after OPM orFBI Section 8(d) Full FieldInvestigation; Notices of SecurityInvestigation and other informationdeveloped from the above describedCertificates of Clearance; and in someinstances a photograph of the subject.

2. Also contained are investigativedata concerning allegations ofmisconduct by an FCC employee;miscellaneous complaints not coveredby the FCC’s formal or informalgrievance procedure; and inquiriesconducted under the President’sProgram to eliminate waste and fraud inGovernment.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:5 CFR part 5; 5 U.S.C. 1303, 1304, and

3301; Executive Orders 10450 and11222; and 47 CFR 19.735–107.

PURPOSE(S):The records in this system are used to

provide investigative information fordeterminations concerning compliancewith Federal regulations and forindividual personal determinationsincluding suitability and fitness forFederal employment, access toclassified information or restrictedareas, security clearances, evaluations ofqualifications, loyalty to the U.S., andevaluations of qualifications andsuitability for performance of

contractual services for the U.S.Government; to document suchdeterminations; to take action on orrespond to a complaint or inquiryconcerning an FCC employee or tocounsel the employee.


1. Where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records from this system may bereferred to the appropriate Federal,state, or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, regulation, or order.


3. A record for this system of recordsmaybe disclosed to GSA and NARA forthe purpose of records managementinspections conducted under authorityof 44 U.S.C.2904 and 2906. Suchdisclosure shall not be used to make adetermination about individuals.


5. Information from this system maybe disclosed to designated officers andemployees of agencies, offices, andother establishments in the executive,legislative, and judicial branches of theFederal Government, and the District ofColumbia Government, when suchagency, office, or establishmentconducts an investigation of theindividual of the purpose of granting asecurity clearance, making adetermination of qualifications,suitability, or loyalty to the UnitedStates Government, or access toclassified information or restrictedareas.

6. A record from this system ofrecords may be disclosed to theDepartment of Justice or in a proceedingbefore a court or adjudication bodywhen:

(a) The United States, theCommission, a component of theCommission, or when represented bythe government, an employee of theCommission is a party to litigation oranticipated litigation or has an interestin such litigation, and


In each of these cases, the FCC willdetermine whether disclosure of the



records is compatible with the purposefor which the records were collected.


STORAGE:Paper records are stored in file

folders.

RETRIEVABILITY:Records are retrieved by name of the

individual subject.

SAFEGUARDS:Records are maintained within a

secure, access-controlled area, andstored in approved security containers.Access is limited to cleared SecurityOfficer personnel and to Commissionofficials on a ‘‘need to know’’ basiswhen required.

RETENTION AND DISPOSAL:Records are retained during

employment or while individual isactively involved in federal programs.As appropriate, records are returned toinvestigating agencies after employmentterminates. Records are retained for fiveyears from the date that the employeedeparts from the Commission. Recordsare destroyed by shredding.

SYSTEM MANAGER(S) AND ADDRESS:Security Operations Center, Office of

Managing Director, FederalCommunications Commission (FCC),445 12th Street, SW, Room 1–B458,Washington, DC 20554.

NOTIFICATION, RECORD ACCESS AND CONTESTINGRECORD PROCEDURES:

This system is exempt from therequirement that the agency publish theprocedures for notifying an individual,at his or her request, if the systemcontains a record pertaining to him/her,for gaining access to such record, andfor contesting the contents of the record.

RECORD SOURCE CATEGORIES:This system is exempt from the

requirement that the agency publish thecategories of sources of records in thissystem.

EXEMPTION FROM CERTAIN PROVISIONS OF THEACT:

This system of records is exempt fromsubsections (c)(3), (d), (e)(4)(G), (H), and(I), and (f) of the Privacy Act of 1974,5 U.S.C. 552(a), and from 47 CFR 0.554–0.557 of the Commission’s rules. Theseprovisions concern the notification,record access, and contestingprocedures described above, and alsothe publication of record sources. Thesystem is exempt from these provisionsbecause it contains the following typesof information:

1. Investigative material compiled forlaw enforcement purposes as defined insection (k)(2) of the Privacy Act.

2. Properly classified information,obtained from another Federal agencyduring the course of a personnelinvestigation, which pertains to nationaldefense and foreign policy, as stated insection (k)(1) of the Privacy Act.

3. Investigative material compiledsolely for the purpose of determiningsuitability, eligibility, or qualificationsfor Federal civilian employment, asdescribed in section (k)(5) of the PrivacyAct, as amended.

FCC/Central-7

SYSTEM NAME:Freedom of Information Act (FOIA)

Case Files.

SYSTEM LOCATION:FOIA Office, Federal Communications

Commission (FCC), 445 12th Street, SW,Washington, DC.


Individuals or organizationsrequesting access to inspect and/or copyrecords of the Commission underprovisions of the FOIA.

CATEGORIES OF RECORDS IN THE SYSTEM:Name, address, and other information

about the requester and the recordssought.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Freedom of Information Act (1994 and

Supp. II 1996), 5 U.S.C. 552.

PURPOSE(S):Records are available to FOIA staff

involved in correspondence andinvestigative processes, includingappeals officials and members of theFCC General Counsel staff.


1. In the event the Commission deemsit desirable or necessary, in determiningwhether particular records are requiredto be disclosed under the FOIA,disclosure may be made to theDepartment of Justice for the purpose ofobtaining its advice.

2. Where the appropriate official ofthe Commission, pursuant to theCommission’s FOIA Regulationdetermines that it is in the publicinterest to disclose a record which isotherwise exempt from mandatorydisclosure, disclosure may be madefrom the system of records.

3. The Commission contracts with aprivate firm for the purpose ofsearching, duplicating, and distributing

to the public the documents maintainedby the Commission and available forinspection under the Act. Thecontractor is required to maintainPrivacy Act safeguards on such records.

4. A record on an individual in thissystem may be disclosed to aCongressional office in response to aninquiry the individual has made to theCongressional office.

5. In the event of litigation where thedefendant is:

(a) The Commission, or any employeeof the Commission in his or her officialcapacity;

(b) The United States where theCommission determines that the claim,if successful, is likely to directly theCommission’s operations; or

(c) Any Commission employee in hisor her individual capacity where theJustice Department has agreed torepresent such employee, theCommission may disclose such recordsas it deems desirable or necessary to theDepartment of Justice to enable thatDepartment to present an effectivedefense.

In each of these cases, the FCC willdetermine whether disclosure of therecords is compatible with the purposefor which the records were collected.

POLICIES AND PRACTICES FOR STORING,RETRIEVING, ACCESSING, RETAINING, ANDDISPOSING OF RECORDS IN THE SYSTEM:STORAGE:

Paper records maintained in case files(original or copy of incoming requestand written response). Electronicrecords are maintained in an electronicdatabase.

RETRIEVABILITY:

Records are indexed by FOIA controlnumber of individual requester.

SAFEGUARDS:

Paper records are maintained inlocked file cabinets in the office of FOIAofficer, with limited access. Electronicrecords are secured through controlledaccess and passwords to restricted officepersonnel. Data resident on networkservers are backed-up daily to magneticmedia. One week’s worth of back-uptapes is stored on-site in fireproof saves.Each week, the previous week’s backuptapes are sent to an off-site storagelocation. A maximum of ten week’stapes are kept and cycled in thisfashion.


Individual case files are maintainedfor two years after the date of reply.Denied requests and appeals of denialsmay be retained for longer periods (upto six years after final action) in



accordance with FOIA and FCC recordscontrol schedules.

SYSTEM MANAGER(S) AND ADDRESS:FOIA Officer, Federal

Communications Commission (FCC),445 12th Street, SW, Washington, DC20554.

NOTIFICATION PROCEDURE:Address inquiries to the FOIA Officer.

RECORD ACCESS PROCEDURES:Address inquiries to the FOIA Officer.

CONTESTING RECORD PROCEDURES:Address inquiries to the FOIA Officer.

RECORD SOURCE CATEGORIES:Individuals and organizations making

requests under FOIA or from bureaus oroffices of the Commission reporting onthe handling of such requests forinclusion in the annual report toCongress.


FCC/Central-8

SYSTEM NAME:Telephone Call Detail and Equipment

Loan Records.

SYSTEM LOCATION:Office of the Managing Director,

Information Technology Center,Operations Group, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–C361,Washington, DC 20554.


1. This system of records containsinformation concerning the followingactions:

(a) Individuals originating calls fromFCC telephones and individualsreceiving such calls;

(b) Individuals placing calls to orcharging calls to FCC telephones(including cellular telephones);

(c) Individuals receiving such calls, oraccepting the charges; and

(d) Individuals who are loanedelectronic equipment to use when theirwork requires them to work outside theoffice or to maintain close contact withthe Commission staff, i.e., laptops,pagers and cellular telephones.

2. The primary record subjects arecurrent and former FCC employees, aswell as individuals employed under anyemployment arrangement such as acontract or cooperative agreement;grantees; or other persons performing onbehalf of the FCC.

3. Incidental to the coverage of theprimary record subjects are non-

employees who may be identified bytelephone number during an inquiry orinvestigation relating to a potentialimproper or unofficial use ofGovernment telephones or other illegalor improper activity by the primaryrecord subject.

CATEGORIES OF RECORDS IN THE SYSTEM:1. Records in the system of records

related to telephone calls placed to andfrom FCC phones, and the assignment oftelephone numbers to employees andthe location of the telephone in the FCC.Since this system includes cellulartelephones, any local call to or from acellular telephone would be included.

2. The records may include suchinformation as the number called from,the number called, time and date of thecall, duration, disposition, and the costof the call and/or charges accepted, andthe FCC component to which therelevant telephone numbers areassigned.

3. The system may also include copiesof related records, e.g., any periodicsummaries which may have beencompiled to reflect the total number oflong distance calls.

4. The database(s) from whichtelephone numbers are retrievedcontains the names of employees andtheir office locations, but no otherpersonal identifiers such as socialsecurity numbers.

5. The CD–ROM files contain theagency telephone bills which providedetails on all calls to and from the FCCtelephones.

6. The paper files consist of acombination of the database and CD–ROM files.

7. Records in this system also includerecords of electronic equipment loanedto staff to use when their work requiresthem to work outside the office or tomaintain close contact with theCommission staff, i.e., laptops, cellulartelephones, and pagers.

8. These records would contain thefollowing information:

(a) Individual’s name, FCC I.D. badgenumber, and Bureau/Office;

(b) Loaned equipment’s barcodenumber; serial number; model number;and modem number.


AUTHORITY FOR MAINTENANCE OF THE SYSTEM:1. 44 U.S.C. 3101, which authorizes

agencies to create and preserve recordsdocumenting agency organizations,functions, procedures, and transactions;

2. 31 U.S.C. 1348b., which authorizesthe use of appropriated funds to pay for

long distance calls only if required forofficial business or necessary in theinterests of the Government;

3. 47 U.S.C. 154(I), which authorizesthe FCC to take actions necessary toexecute its functions;

4. 5 CFR 2635.704a., which prohibitsuse of Government property for otherthan authorized purposes; and

5. 41 CFR 201–21.601 and 201–21.602, which require that theGovernment telecommunicationssystems be used for official purposesonly, and authorizing agencies to collectfor unauthorized calls.

PURPOSE(S):1. This system of records is used to

keep track of local and long-distancetelephone calls placed to and from FCCphones, including cellular telephonesand the records of the equipment loanedout and those who have borrowed it.

2. The telephone records may includesuch information as the number calledfrom, the number called, time and dateof the call, duration, disposition, thecost of the call and/or charges accepted,and the FCC component to which therelevant telephone numbers areassigned. By maintaining these records,the FCC can monitor the charges forlong distance or cellular calls and alsodetermine if such calls are being madefor other than Commission-relatedpurposes.

3. When wireless instruments areloaned, the individual staff must signthe FCC Wireless TelecommunicationsStatement of Understanding and fill outFCC Form A–476, Custodial Receipt forSensitive FCC Property when theequipment loan is made.

4. The equipment loan recordsinclude the type of equipmentborrowed, the borrower, and theduration of the loan.


The FCC does not normally discloserecords from this system of records.However, in the event it is appropriate,disclosure of relevant information maybe made in accordance with theprovisions of 5 U.S.C. 552(a)(b). Recordsand data may be disclosed as necessarypursuant to 5 U.S.C. 552(a)(b):

1. A record in this system of recordsmay be disclosed to a member ofCongress or to a Congressional staffmember in response to an inquiry of theCongressional office made at the writtenrequest of the constituent about whomthe record is maintained;

2. A record in this system of recordsmay be disclosed to representatives ofthe General Services Administration or



the National Archives and RecordsAdministration who are conductingrecords management inspections underthe authority of 44 U.S.C. 2904 and2906;

3. A record in this system of recordsmay be disclosed to the Department ofJustice (DOJ) when:

(a) The agency or any componentthereof; or any employee of the agencyin his or her official capacity where theDOJ has agreed to represent theemployee; or

(b) The United States Government isa party to litigation or has an interest insuch litigation, and by careful review,the agency determines that the recordsare both relevant and necessary to thelitigation and the use of such records bythe DOJ is therefore deemed by theagency to be for a purpose that iscompatible with the purpose for whichthe agency collected the records.

4. A record in this system of recordsmay be disclosed to a court oradjudicative body in a proceedingwhen:

(a) The agency or any componentthereof; any employee of the agency inhis or her official capacity; or anyemployee of the agency in his or herofficial capacity where the agency hasagreed to represent the employee; or

(b) The United States Government isa party to litigation or has an interest insuch litigation, and by careful review,the agency determines that the recordsare both relevant and necessary to thelitigation and the use of such records istherefore deemed by the agency to be fora purpose that is compatible with thepurpose for which the agency collectedthe records.

5. A record in this system of recordsmay be disclosed to law enforcementagencies when a record on its fact, or inconjunction with other records,indicates a violation or potentialviolation of the law, whether civil,criminal, or regulatory in nature, andwhether arising by general statute orparticular program statute, or byregulation, rule, or order issuedpursuant thereto, disclosure may bemade to the appropriate agency,whether Federal, foreign, state, local, ortribal, or other public authorityresponsible for enforcing, investigating,or prosecuting such violation or chargedwith enforcing or implementing thestatute, or rule, regulation, or orderissued pursuant thereto, if theinformation disclosed is relevant to anyenforcement, regulatory, investigative,or prospective responsibility of thereceiving entity;

6. A record in this system of recordsmay be disclosed to agency contractors,grantees, experts, consultants, or

volunteers who have been engaged bythe agency to assist in the performanceof a service related to this system ofrecords and who need to have access tothe records in order to perform theactivity. Recipients shall be required tocomply with the requirements of thePrivacy Act of 1974, as amended,pursuant to 5 U.S.C. 552a (m);

7. A record in this system of recordsmay be disclosed to the NationalFinance Center (the FCC’s designatedpayroll office), the Department of theTreasury Debt Management Servicesand/or a current employer to effect asalary, IRS tax refund, or administrativeoffset to satisfy an indebtednessincurred for unofficial telephone andcellular calls; and to Federal agencies toidentify and locate former employees forthe purposes of collecting suchindebtedness, including throughadministrative, salary, or tax refundoffsets. Identifying and locating formeremployees, and the subsequent referralto such agencies for offset purposes,may be accomplished throughauthorized computer matchingprograms. Disclosures will be made onlywhen all procedural steps establishedby the Debt Collection Act of 1982 andthe Debt Collection Improvement Act of1996 or the Computer Matching andPrivacy Protection Act of 1988 asappropriate, have been taken;

8. A record in this system of recordsmay be disclosed to a Federal, State,local, or foreign agency maintainingcivil, criminal, or other relevantenforcement records, or other pertinentrecords, or to another public authorityor professional organization, ifnecessary to obtain information relevantto an investigation concerning theretention of an employee or otherpersonnel action (other than hiring), theretention of a security clearance, theletting of a contract, or the issuance orretention of a grant, or other benefit; and

9. A record in this system of recordsmay be disclosed to a Federal, State,local, foreign, or tribal or otherinformation relevant to the retention ofan employee, the retention of a securityclearance, the letting of a contract, orthe issuance or retention of a license,grant, or other benefit. The other agencyor licensing organization may then makea request supported by the writtenconsent of the individual for the entirerecord if it so chooses. No disclosurewill be made unless the information hasbeen determined to be sufficientlyreliable to support a referral to anotheroffice within the agency or to anotherFederal agency for criminal, civil,administrative, personnel, or regulatoryaction.



STORAGE:Records are maintained electronically

in one of three databases (PCS, cellulartelephones, and pagers), on paper, andon CD–ROM. The databases arepassword protected and updated daily.Authorized individuals can check thecurrent databases during sign out whenindividuals leave the FCC to ensure thatthe departing staff has returned anyloaned equipment.

RETRIEVABILITY:Telephone call records are retrieved

by bureau or office name, the employeename, name of recipient of telephonecall, telephone number. Equipment loanrecords are retrieved by the employeename, equipment barcode number,serial number, and model or modemnumbers.

SAFEGUARDS:Paper and CD–ROM records are

maintained in file cabinets in officeswhich are locked at the end of thebusiness day. Information in thedatabase is secured through controlledaccess and passwords restricted toadministrative office personnel. Dataresident on network servers are backed-up daily to magnetic media. One week’sworth of back-up tapes is stored on-sitein fireproof safes. Each week, theprevious week’s backup tapes are sent toan off-site storage location. A maximumof ten week’s tapes are kept and cycledin this fashion.

RETENTION AND DISPOSAL:Records are disposed of in accordance

with General Records Schedule 12,National Archives and RecordsAdministration.

SYSTEM MANAGER(S) AND ADDRESS:Appropriate bureau or office chief and

first line supervisors in the FederalCommunications Commission, 445 12thStreet, SW., Washington, DC 20554. SeeFCC telephone directory for a list offield office telephone numbers or thecommercial telephone directory under‘‘U.S. Government.’’

NOTIFICATION PROCEDURE:Ask for ‘‘Records Access Procedures’’

in making inquiries regarding thissystem. The inquiries should beaddressed to the system manager, Officeof Managing Director, InformationTechnology Center, Operations Group,



Federal Communications Commission(FCC), 445 12th Street, SW.,Washington, DC 20554.


manager.


manager.

RECORD SOURCE CATEGORIES:Telephone assignment records; call

detail listings; results of administrativeinquiries relating to assignment ofresponsibility for placement of specificlong distance calls.


FCC/Central-9

SYSTEM NAME:Denial of Federal Benefits (Drug

Debarment List).

SYSTEM LOCATION:Financial Operations Center,

Associate Managing Director—FinancialOperations (AMD–FO), Office ofManaging Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–A663,Washington, DC 20554.


Individuals convicted of offensesconcerning the distribution orpossession of controlled substances,who have been denied all Federalbenefits or FCC benefits as part of theirsentence pursuant to Section 5301 of theAnti-Drug Abuse Act of 1988, and whohave also filed applications for any FCCprofessional or commercial license.

CATEGORIES OF RECORDS IN THE SYSTEM:The records within this system will

consist of a database provided to theFCC from the Department of Justice(DOJ) regarding individuals who havebeen denied all Federal benefits or FCCbenefits pursuant to section 5301 of theAnti-Drug Abuse Act of 1988.

1. The data elements to be used by theFCC are: DOJ identification number (ID)for the person denied Federal benefits,Person’s name, Taxpayer IdentificationNumber (TIN), and Starting and endingdate of the denial of Federal benefits.

2. All other data elements in thedatabase will be immediately discarded.

3. When there is a match of name andTIN from the database with the nameand address of an application on filewith the FCC, the FCC will then obtainfrom DOJ additional data elements:Person’s name, address, and zip code. If

also required by the FCC application,the person’s date of birth.

4. If manual comparison of theapplication information with theinformation obtained from DOJ confirmsa match, the FCC will prepare aconfirmation report to be attached to theapplication. The confirmation reportwill reflect the identifying informationobtained from the DOJ debarment entry,but it will not include the DOJ IDnumber for that debarment entry. Uponsuch a match, the FCC will initiatecorrespondence with the applicant,which will also be associated with theapplication. The confirmation reportand any correspondence with theapplicant will be among the recordsfound in this system.


Section 5301 of the Anti-Drug AbuseAct of 1988, Pub. L. 100–690, asamended by section 1002(d) of theCrime Control Act of 1990, Pub. L. 101–647 (21 U.S.C. 862), and sections 4(i)and 4(j) of the Communications Act of1934 (47 U.S.C. 154(i) and 154(j)).

PURPOSE(S):

The records within the system will beused for the exchange of informationbetween DOJ and the FCC in connectionwith the implementation of section 5301of the Anti-Drug Abuse Act of 1988.This exchange of information permitsthe FCC to perform the General ServicesAdministration (GSA) Debarment Listcheck as provided for in the Office ofNational Drug Control Policy plan forimplementation of section 5301 throughuse of information generated by DOJ.The automated records obtained fromDOJ will only be used by the FCC tomake an initial determination ofwhether an individual applicant issubject to a denial of all Federal benefitsor FCC benefits imposed under section5301 of the Anti-Drug Abuse Act of1988.


This system contains the followinginformation: Department of Justicedatabase provided to the FCC; thedatabase retained by the FCC for use inthe automated system; and the matchreports; and any copies of theconfirmation report that include theDepartment of Justice ID number will beroutinely available for use or inspectionby appropriate FCC officials.

The confirmation report (notincluding the DOJ ID Number) and anycorrespondence with the applicant willbe associated with the applicant’sapplication and will thus be made

routinely available for publicinspection.

In each case the FCC will determinewhether disclosure of the records iscompatible with the purpose for whichthe records were collected.


STORAGE:Records are maintained electronically

on a computer database.

RETRIEVABILITY:Records are retrieved by supplying

the following information: Name ofapplicant, TIN, address (in someinstances) and zip code, date of birth (insome instances), and FCC fee controlnumber for the application.

SAFEGUARDS:The data are provided to the FCC by

the U.S. Department of Justice (DOJ) andwill be protected from tampering,unauthorized disclosure, and willfollow these procedures:

1. The database will be processed toextract the information to be used in theautomated system, and the dataelements not being used in theautomated system will be electronicallyerased. The remaining data will bemaintained at the main FCC buildingwith a low risk of unauthorized access.

2. Access points are photo-monitoredby security personnel; all employees arerequired to display photo ID badges; andall visitors must register and wear avisitor’s badge. Access to the computersystem on which the extracted databaseis stored requires use of a unique userID with personal identifier, which iscontrolled through application andoperating system security.

3. The extracted database is stored ina separate file in that system, and aseparate password is required for entryto that file. The password is available toa limited number of persons basedstrictly on a ‘‘need to know’’ basis.

4. The reports of any automatedmatches containing the DOJ ID numberwill be made available only to theappropriate FCC officials.


1. The match reports will be retainedby the FCC for only as long as it isnecessary to obtain the debarment entryinformation and correspondingapplication for manual confirmation ofthe match. Thereafter, they will bedestroyed. However, periodically, amatch report will be randomly retainedfor a period of an additional 90 to 120days to provide a quality check of theverification process.



2. Where the verification processestablish that a match does not indicatethat the applicant has been deniedFederal benefits under section 5301, thedebarment entry information used inthat determination will be retained bythe FCC for 30 days after the applicationhas cleared the debarment check.However, as noted above, debarmententry information relating to matchreports that are retained for qualitycontrol purposes will be retained untilthat quality check is completed.

3. Where a match is confirmed by themanual verification process, thedebarment entry information will beretained for a period of at least 90 daysafter the date of the letter referred toabove. If the application contests thedetermination that a section 5301 denialof Federal benefits bars a grant of theapplication, the debarment entryinformation will be retained until suchtime as the FCC’s action on theapplication is no longer subject toreview in any court.

SYSTEM MANAGER(S) AND ADDRESS:Associate Managing Director–

Financial Operations (AMD–FO),Managing Director, Office of ManagingDirector, Federal CommunicationsCommission (FCC), 445 12th Street,SW., Washington, DC 20554.

NOTIFICATION PROCEDURE:Address inquiries to the AMD–FO.

RECORD ACCESS PROCEDURES:Address inquiries to the AMD–FO.

CONTESTING RECORD PROCEDURES:Address inquiries to the AMD–FO.

RECORD SOURCE CATEGORIES:Individuals making applications who

have been convicted of certain drugoffenses and who have been denied allFederal benefits or FCC benefits as partof their sentence.


FCC/Central-10

SYSTEM NAME:Access Control System.

SYSTEM LOCATION:Office of the Managing Director,

Security Operations Center, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–B458,Washington, DC 20554.


Current FCC employees, currentcontractors, frequent visitors, visitors,temporary hires, special parking accessand day contractor.

CATEGORIES OF RECORDS IN THE SYSTEM:

The system consists of computerdatabases, with all records containingthe last and first name, filedalphabetically by last name, with acorresponding Badge Number.

1. The FCC employee/temporary hiredatabase will include: First and lastname, Telephone number, Bureau/Office, (Supervisor—delete), Roomnumber, Date of issuance, and Parking(permit—delete) privilege (number—delete), if applicable, and property passprivilege if applicable.

2. The contractor database willinclude: First and last name, Contractorcompany name, Telephone number,FCC point of contact, Telephonenumber, and Date of issuance.

3. The Frequent Visitor’s databasewill include: First and last name,Employer’s name, Address, Telephonenumber, Point of contact at theemployer, and Date of issuance.

4. The Visitor/day contractor databasewill include: First and last name alongwith numerical identifier.

5. The Special Parking Accessdatabase will include: First and lastname, Telephone number, Employer,and Date of issuance.

Note: Proof of identity required throughphotographic identification is necessary priorto issuance of the contractor badge and thefrequent visitor’s badge and visitor’s badge.


Presidential Directive based onDepartment of Justice report entitled‘‘Vulnerability Assessment of FederalFacilities.’’

PURPOSE(S):This system provides a method by

which the FCC can control and accountfor all persons entering theCommission’s facilities and by whichthe FCC may ascertain the times personswere in these facilities.


1. Where there is an indication of aviolation or potential of a statute,regulation, rule, or order, records fromthis system may be referred to theappropriate Federal, state, or localagency responsible for investigating orprosecuting a violation or for enforcingor implementing the statute, rule,regulation, or order.

2. A record from this system may bedisclosed to a request for informationfrom a Federal, state, or local agencymaintaining civil, criminal, or otherrelevant information or other pertinentinformation if necessary to obtaininformation relevant to an investigation.


4. A record from this system ofrecords may be disclosed to GSA andNARA for the purpose of recordsmanagement inspections conductedunder authority of 44 U.S.C. 2904 and2906. Such disclosure shall not be usedto make a determination aboutindividuals.

5. Records from this system may bedisclosed to FCC supervisors ormanagement representatives to ascertain(either confirm or refute) the timesemployees were in the facility.

In each of these cases the FCC willdetermine whether disclosure of therecords is compatible with the purposefor which the records were collected.


Records are maintained in a passwordprotected computer database.

RETRIEVABILITY:Records are retrieved by the name of

the individual on whom they aremaintained by a limited number ofauthorized individuals.

SAFEGUARDS:The computer terminals are stored

within a secured area. The SecurityOffice staff performs a backup operationon these files on a weekly—monthlybasis on 1⁄4″ data cartridge, which arestored/safeguarded in the SecurityOffice.

RETENTION AND DISPOSAL:1. When an employee/contractor/

temporary hire/special parking accessleaves the FCC, the file in the databaseis deleted.

2. Frequent visitor badges are given atwo-year valid period, after which thecard will automatically deactivate.

3. All returned visitor/day contractorcards will be reused on a daily basis.

4. Transaction data for all cards willbe placed on backup discs and storedfor one year in the FCC Security Officewhich is locked and alarmed.


Security Operations Center, Office ofManaging Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–B458,Washington, DC 20554.


Individuals wishing to inquirewhether this system of records contains



information about them should contactthe system manager indicated above.Individuals must furnish their ‘‘FullName’’ for their records to be locatedand identified.

RECORD ACCESS PROCEDURES:Individuals wishing to request access

to records about them should contactthe system manager indicated above.Individuals must furnish their ‘‘FullName’’ for their record to be located andidentified. An individual requestingaccess must also follow FCC Privacy Actregulations regarding verification ofidentify and access to records. See 47CFR 0.554–0.555.

CONTESTING RECORD PROCEDURES:Individuals wishing to request

amendment of their records shouldcontact the system manager indicatedabove. Individuals must furnish their‘‘Full Name’’ for their record to belocated and identified. An individualrequesting amendment must also followthe FCC Privacy Act regulationsregarding verification of identity andamendment of records. See 47 CFR0.556–0.557.

RECORD SOURCE CATEGORIES:The individual to whom the

information applies.


FCC/Central-11

SYSTEM NAME:Inter-office (GroupWise) and Internet

E-mail Systems.

SYSTEM LOCATION:Information Technology Center,

Office of the Managing Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–C266,Washington, DC 20554.


Employees and contractors of theFederal Communications Commissionin Washington, DC and the field offices.

CATEGORIES OF RECORDS IN THE SYSTEM:Records in this system of records

include the names, e-mail addresses,and passwords of all FCC employeesand contractors.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:1. Executive Orders 10450 and 12065;2. 44 U.S.C. 3101, which authorizes

agencies to create and preserve recordsdocumenting agency organizations,functions, procedures, and transactions;

3. 47 U.S.C. 154(i), which authorizesthe FCC to take actions necessary toexecute its functions;

4. 5 CFR 2635.704a., which prohibitsuse of Government property for otherthan authorized purposes; and

5. 41 CFR 201–21.601 and 201–21.602, which require that theGovernment Radio systems be used forofficial purposes only.

PURPOSE(S):These records are maintained by the

Information Technology Center staff toidentify all users on the FCC’s Inter-office and Internet E-mail systems, theirlocations, and their passwords. Thisinformation is necessary to insure thatall users abide by the FCC’s Intranet andInternet regulations and to identifypossible abusers.


Information in this system of recordsmay be disclosed for the followingreasons:

1. For disclosure to a Federal agencyor the District of Columbia Government,in response to its request, in connectionwith the hiring or retention of anemployee, the issuance of a securityclearance, the conducting of a securityor suitability investigation of anindividual, the classifying of jobs, theletting of a contract, or the issuance ofa license, grant, or other benefit by therequesting agency.

2. For disclosure to the securityofficer of an agency in the executive,legislative, or judicial branch, or theDistrict of Columbia Government, inresponse to its request for verification ofsecurity clearances, of FCC employees/contractors to have access to classifieddata or areas where their official dutiesrequire such access.

3. Where there is an indication or aviolation or potential violation of astatute, regulation, rule, order may bereferred to the appropriate Federal,state, or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, regulation or order.

4. A record from this system may bedisclosure to request information from aFederal, state, local or foreign agencymaintaining civil, criminal, or otherrelevant enforcement information, orother pertinent information records, orto another public authority orprofessional organization, if necessaryto obtain information relevant to aninvestigation concerning the retention ofan employee or other personnel action(other than hiring), the retention of asecurity clearance, the letting of acontract, or the issuance of a grant orother benefit.

5. A record on an individual in thissystem of records may be disclosed to a

Congressional office in response to aninquiry the individual has made to aCongressional office.




Records are maintained in anelectronic database.

RETRIEVABILITY:Records are retrieved by bureau or

office name and the employee name andlog-in name.

SAFEGUARDS:

Information in the database is securedthrough controlled access andpasswords restricted to administrativeoffice personnel. Data resident onnetwork servers are backed-up daily tomagnetic media. One week’s worth ofback-up tapes is stored on-site infireproof safes. Each week, the previousweek’s backup tapes are sent to an off-site storage location. A maximum of tenweek’s tapes are kept and cycled in thisfashion.

RETENTION AND DISPOSAL:Records are until the employee or

contract retires or leaves the FCC. Therecords are then disposed of inaccordance with General RecordsSchedule 12, National Archives andRecords Administration (NARA).


Operations Group, Office of ManagingDirector, Federal CommunicationsCommission (FCC), 445 12th Street,SW., Room 1–C734, Washington, DC20554.


Ask for ‘‘Records Access Procedures’’in making inquiries regarding thissystem. The inquiries should beaddressed to the system manager, Officeof Managing Director, InformationTechnology Center, Operations Group,Federal Communications Commission(FCC), 445 12th Street, SW., 1–C266,Washington, DC 20554.


Same as above.




RECORD SOURCE CATEGORIES:Same as above.


FCC/Central-12

SYSTEM NAME:Garnishment and Levy of Wages.

SYSTEM LOCATION:Associate Managing Director, Human

Resources Management, Office of theManaging Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–B104,Washington, DC 20554.


Any Commission employee who isthe subject of a garnishment or levyorder issued by a court of competentjurisdiction or by another governmententity authorized to issue such order.

CATEGORIES OF RECORDS IN THE SYSTEM:Garnishment of levy orders served

upon the agency for implementation,correspondence, memoranda.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:5 U.S.C. 301.

PURPOSE(S):Records are used by staff attorneys in

the General Counsel’s office in directingthe agency’s implementation ofgarnishment and levy orders.


1. Where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records from this system may bereferred to the appropriate Federal,state, or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule regulation, or order.

2. A record on an individual in thissystem or records may be disclosed,where pertinent, in any legal proceedingto which the Commission is a partybefore a court or administrative body.


(a) The United States, theCommission, a component of theCommission, or, when represented bythe government, an employee of theCommission is a party to litigation or

anticipated litigation or has an interestin such litigation, and


4. A record in this system of recordswhich concerns information on pay andleave, benefits, retirement deductions,and any other pertinent informationmay be disclosed to the Office ofPersonnel Management in order for it tocarry out its legally authorizedGovernment-wide functions and duties.



STORAGE:Paper records are stored in file

folders.

RETRIEVABILITY:Records are maintained by the name

of the individual subject to garnishmentor levy order.

SAFEGUARDS:Records are kept in file cabinets in

offices that are secured at the end ofeach business day. Because only one ortwo office persons have need toroutinely access this system,unauthorized examinations would beeasily detected.

RETENTION AND DISPOSAL:Records are normally retained as long

as the Commission remains under theobligation to implement the particulargarnishment or levy order.

SYSTEM MANAGER(S) AND ADDRESS:Associate Managing Director, Human

Resources Management, Office of theManaging Director, FederalCommunications Commission (FCC),445 12th Street, SW Room 1–B104,Washington, DC. 20554.


manager.

RECORD ACCESS PROCEDURE:Address inquiries to the system

manager.


manager.

RECORD SOURCE CATEGORIES:Bankruptcy courts, state domestic

relations courts, state public health andwelfare departments or agencies,Internal Revenue Service, and intra-agency memoranda.


None.

FCC/CIB–1

SYSTEM NAME:

Informal Complaints and InquiriesFile (Broadcast, Common Carrier, andWireless Telecommunications BureauRadio Services).

SYSTEM LOCATION:

Chief, Consumer Information Bureau,Room 5–C345, Federal CommunicationsCommission (FCC), 445 12th Street, SWWashington, DC. 20554.


Individuals and groups who havemade written complaints and/or generalinquiries to, and/or are parties toinformal complaints proceedings onmatters under the Communications Actof 1996.


The records in this system includeboth computerized informationcontained in a database and papercopies of inquiries, informal complaints,and related supporting information,company replies to complaints, lettersof inquiry, and Commission lettersregarding such complaints made byindividuals, groups, or other entitiespertaining to the FCC’s bureaus andoffices.


47 U.S.C. 206, 208, 301, 303, 309(e),312, 362, 364, 386, 507, and 51; and 47CFR 1.711 et seq.

PURPOSE(S):

The records in this system of recordsare used by Commission personnel tohandle and process complaints andinquiries received from individuals,groups, and other entities pertaining toFCC related matters. Records in thissystem are available for publicinspection after redaction of informationwhich could identify the complainant orcorrespondent, i.e., name, address and/or telephone number.


This system of records is used byCommission personnel to handle andprocess complaints received fromindividuals and companies.

1. When a record in this systeminvolves a complaint against a commoncarrier, the complaint is forwarded tothe defendant carrier who must, withina prescribed time frame, either satisfythe complaint or explain to the



Commission and the complainant itsfailure to do so.

2. Where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records from this system may bereferred to the appropriate Federal,state, or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, regulation, or order.

3. A record from this system may bedisclosed to a Federal agency, inresponse to its request, in connectionwith the hiring or retention of anemployee, the issuance of a securityclearance, the reporting of aninvestigation of an employee, the lettingof a contract, or the issuance of alicense, grant or other benefit.









STORAGE:

Paper copies of records in this systemof records are maintained in file foldersand electronic files are located incomputer databases on the FCCnetwork.

RETRIEVABILITY:

Records are retrieved by individualname, party name, licensee, applicant orunlicensed individual, call sign, or filenumber.

SAFEGUARDS:

Records are stored in unlocked fileswhich are secured in the office at theclose of the business day. Access tocomputer records is controlled bypassword. Data resident on networkservers are backed-up daily to magneticmedia. One week’s worth of back-uptapes is stored on-site in fireproof safes.Each week, the previous week’s backuptapes are sent to an off-site storagelocation. A maximum of ten week’stapes are kept and cycled in thisfashion.


The records are retained in theCommission and then destroyed fiveyears after final action in accordancewith the appropriate records retentionschedule.


Chief, Consumer Information Bureau,Federal Communications Commission,445 12th Street, Room 5–C345, SW.,Washington, DC. 20554.




Address inquiries to the systemmanager. An individual requestingaccess must follow FCC Privacy Actregulations regarding verification ofidentity and amendment of records. See47 CFR 0.556–0.557.




Complaints and subject carriers.


None.

FCC/CIB–4

SYSTEM NAME:

Telephone and Electronic Contacts.

SYSTEM LOCATION:

Consumer Information NetworkDivision, Consumer Information Bureau,Federal Communications Commission(FCC), 445 12th Street, SW.,Washington, DC 20554 and 1270Fairfield Road, Gettysburg,Pennsylvania 17325.


This system of records includesindividuals or entities who have madecomplaints or inquiries.

CATEGORIES OF RECORDS IN THE SYSTEM:This system of records includes

complaints and related information,company or business replies tocomplaints, letters of inquiry, andCommission letters regarding orresponding to such complaints andinquiries.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Sec. 4(i) and (j) of the

Communications Act of 1934, asamended, 47 U.S.C. 154 (i) and (j).

PURPOSE(S):These records are used by the FCC

staff to handle, respond, and processinquiries and complaints received fromindividuals, companies, and otherentities.


1. Where there is an indication of aviolation or potential violation of anystatute, regulation, rule, or order,records from this system may bereferred and disclosed to theappropriate Federal, state, or localagency responsible for investigating orprosecuting a violation or for enforcingor implementing the statute, rule,regulation, or order.

2. A record on an individual in thissystem of records may be disclosed,where pertinent, in any legal proceedingto which the FCC is a party before acourt or any other administrative body.

3. A record from this system ofrecords may be referred and disclosed tothe Department of Justice or in aproceeding before a court or anyadjudicative body when:

(a) The United States, the FCC, acomponent of the FCC, or, whenrepresented by the government, anemployee of the FCC, is a party tolitigation or anticipated litigation or hasan interest in such litigation, and

(b) the FCC determines that thedisclosure is relevant or necessary to thelitigation.



STORAGE:Records are maintained in computer

databases on the FCC’s internalnetwork.



RETRIEVABILITY:Records are retrieved by telephone

number, name of caller, address,subject, or reason for call.

SAFEGUARDS:The computer systems are stored

within secured areas. Data resident onnetwork servers are backed-up daily tomagnetic media. One week’s worth ofback-up tapes is stored on-site infireproof safes. Each week, the previousweek’s backup tapes are sent to an off-site storage location. A maximum of tenweek’s tapes are kept and cycled in thisfashion.

RETENTION AND DISPOSAL:The records are retained in the FCC

and then destroyed according to theappropriate records schedule.

SYSTEM MANAGER(S) AND ADDRESS:Chief, Consumer Information Network

Division, Consumer Information Bureau,Federal Communications Commission(FCC), 1270 Fairfield Road, Gettysburg,Pennsylvania 17325, and 445 12thStreet, SW., Room 5–C345, Washington,DC.


manager.


manager. An individual requestingaccess must follow FCC Privacy Actregulations regarding verification ofidentity and amendment of records. See47 CFR 0.556–0.557.


manager. Individuals requesting accessmust also follow FCC Privacy Actregulations regarding verification ofidentity and access to records. See 47CFR 0.554–0.555.




FCC/EB–1

SYSTEM NAME:Violators File (records kept on

individuals who have been subjects ofFCC field enforcement actions).

SYSTEM LOCATION:Primary: Enforcement Bureau, Room

7–C732, Federal CommunicationsCommission (FCC), 445 12th Street,SW., Washington, DC 20554.

Secondary: Various field facilities(See FCC telephone directory for field

office addresses, or locate local office incommercial telephone directory under‘‘U.S. Government.’’).


1. Individuals who have been subjectsof FCC field enforcement actions(monitoring, inspection, and/orinvestigation) for violations of radiolaw, FCC Rules and Regulations, orInternational Treaties.

2. Licensees, applicants, andunlicensed persons under parts 80, 87,90, 94, 95, and 97 of the rules aboutwhom there are questions of compliancewith the Commission’s rules or theCommunications Act of 1934, asamended.

CATEGORIES OF RECORDS IN THE SYSTEM:Inspection reports, complaints,

monitoring reports, investigative cases,referral memos, correspondence,discrepancy notifications, warningnotices and forfeiture actions.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:47 U.S.C. 101, 102, 104, 301, 303,

309(e), 312, 315, 318, 362, 364, 386, 401,404, 501, 502, 503, 507, and 510.

PURPOSE(S):1. For use in connection with the

Commission’s field enforcementprograms to determine levels ofcompliance among radio users; to issuemarine certificates of compliance; todocument Commission monitoringinspections and investigations forenforcement purposes; to provide abasis for various administrative, civil, orcriminal sanction actions taken againstviolators by the EB or other appropriateCommission bureaus or offices.

2. Limited information elements aretransferred to the Commission’s centralcomputer facility and to EB fieldfacilities to maintain a cross-reference,which prevents duplication ofenforcement actions, and to track theprogress of enforcement cases. Copies ofCommission sanction actions areavailable for public inspection.


1. If the records indicate a possibleviolation of law, they may be referred,as a routine use, to the appropriateagency charged with the responsibilityof investigating or prosecuting suchviolation or charged with enforcing theapplicable statutes or rules.

2. Where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records from this system may bereferred to the appropriate Federal,

state, or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, regulation or order.

3. A record from this system may bedisclosed to request information from aFederal, state, or local agencymaintaining civil, criminal, or otherrelevant enforcement information orother pertinent information, such aslicenses, if necessary to obtaininformation relevant to a Commissiondecision concerning the hiring orretention of an employee, the issuanceof a security clearance, the letting of acontract, or the issuance of a license,grant or other benefit.

4. A record from this system may bedisclosed to a Federal state, or localagency maintaining civil, criminal, orother relevant enforcement informationor other pertinent information, such aslicenses, if necessary to obtaininformation relevant to a Commissiondecision concerning the hiring orretention of an employee, the issuanceof a security clearance, the reporting ofan investigation of an employee, theletting of a contract, or the issuance ofa license, grant, or other benefit.






(b) The Commission determines thatthe disclosure is relevant or necessary tolitigation.





STORAGE:Information is stored in file folders, a

computer database, and computerprintout.

RETRIEVABILITY:All records are retrievable by name or

by FCC-issued call sign.

SAFEGUARDS:Paper records are kept in file cabinets

in offices that are secured at the end ofeach business day. Access toinformation in the computer database isrestricted by use of passwords andlocation of terminals in rooms which aredesignated non-public areas. The roomsare secured outside of business hours.Data resident on network servers arebacked-up daily to magnetic media. Oneweek’s worth of back-up tapes is storedon-site in fireproof saves. Each week,the previous week’s backup tapes aresent to an off-site storage location. Amaximum of ten week’s tapes are keptand cycled in this fashion.

RETENTION AND DISPOSAL:The documentation portions of these

records are retained for three years afterthe case is closed, and then destroyed.All violation notices are maintained fora period of four years, then destroyed.(Classified material is destroyed byburning or shredding.)

SYSTEM MANAGER(S) AND ADDRESS:Chief, Enforcement Bureau, Room 7–

C732, Federal CommunicationsCommission (FCC), 445 12th Street,SW., Washington, DC 20554.

NOTIFICATION, RECORD ACCESS AND CONTESTINGPROCEDURES:




EXEMPTIONS CLAIMED FOR THE SYSTEM:This system of records is exempt from

subsections (c)(3), (d), (e)(1), (e)(4), (G),(H), (I), and (f) of the Privacy Act andfrom §§ 0.544–0.567 of FCC rules. Thoseprovisions concern the notification,access, and contesting proceduresdescribed above as well as thepublication of record sources. The

system is exempt from these provisionsbecause it is maintained in connectionwith the provision of protective servicesto certain individuals as defined insection (k)(3) of the Privacy Act and forlaw enforcement purposes as defined insection (k)(2) of the Privacy Act.

FCC/EB–2

SYSTEM NAME:State and Operational Areas

Emergency Commission CommitteeMembership.

SYSTEM LOCATION:Enforcement Bureau, Federal

Communications Commission (FCC),445 12th Street, SW., Room 7–C732,Washington, DC 20554.


Chairman and Vice Chairman of Stateand Operational Area EmergencyCommunications Committees.

CATEGORIES OF RECORDS IN THE SYSTEM:Information showing individual

name, business address, businesstelephone number, and title.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Federal Advisory Committee Act, 5

U.S.C. appendix 2.


(1) Records in this system are used toforward the appropriate information toState Committee members, eachbroadcast station in the State, and toFederal, State, and local governmentofficials for Emergency Communicationsplanning. All information in this systemwill be available for public inspection.

In each case, the FCC will determinewhether disclosure of the records iscompatible with the purpose for whichthe records were collected.


File folders.

RETRIEVABILITY:Records are filed by state and by name

of committee member within the state.

SAFEGUARDS:Records are maintained in file

cabinets which are locked at the end ofeach business day.

RETENTION AND DISPOSAL:Records are retained indefinitely

while the individual is a member of thecommittee; when member resigns,individual file materials are destroyed.

SYSTEM MANAGER(S) AND ADDRESS:Chief, Enforcement Bureau, Federal



manager. Name of the state must beprovided with any request forinformation.

RECORD ACCESS PROCEDURE:Same as above.


RECORD SOURCE CATEGORIES:Committee member.


FCC/OET–1

SYSTEM NAME:Experimental Radio Station License

Files.

SYSTEM LOCATION:Office of Engineering and Technology,

Federal Communications Commission(FCC), 445 12th Street, SW., Room 7–A303, NW., Washington, DC 20554.


Those who have been granted alicense to operate an experimental radiostation under part 5 of the Commission’srules.

CATEGORIES OF RECORDS IN THE SYSTEM:1. This system includes the following

FCC Forms, any supporting exhibitssubmitted by the applicant(s), andrelated documentation:

(a) FCC Form 422, Application for aNew or Modified Station;

(b) FCC Form 405, Application forRenewal of Station License;

(c) FCC Form 702, Application forConsent to Assignment of Radio StationConstruction Authorization or License;

(d) FCC Form 703, Application forConsent to Transfer Control ofCorporation Holding Station License;and

(e) Any supporting exhibits submittedby the applicant(s).

2. This system of records may includeexperimental project reports submittedby the applicant as required by FCCrules, part 5.

3. The system also includes commentsfrom other Commission bureaus oninterference potential of operation.


47 U.S.C. 308; 47 CFR part 5.



PURPOSE(S):

To make a determination ofapplicant’s eligibility to operate astation in the experimental radioservice; to determine interferencepotential to other radio services withinthe Commission, to determine if theproject of experimentation is valid, aswell as possible use in rulemakings.


1. Information from this system maybe disclosed to other FCC bureaus,Federal agencies, or to the public, inresponse to a request, in connectionwith new experimentation beingconducted and the impact that thisexperimentation may have on thepublic. The information may not bedisclosed if it is not routinely availablefor public inspection under § 0.457 ofthe Commission’s rules, 47 CFR 0.459,or a request that the information begiven confidential treatment is grantedunder § 0.459 of the Commission’s rules,47 CFR 0.459.



STORAGE:Paper records in file folders,

electronically scanned images of paperrecords, electronic records of dataelements of both paper-file andelectronically filed applications, andelectronic copies of licenses grantedafter November 16, 1998.

RETRIEVABILITY:1. Paper files are retrieved by license

name. If there are more than one stationper licensee, then the files may also beretrieved by call sign.

2. Scanned images, electronic recordsof data elements and electronic copiesof licenses may be retrieved from theOET Experimental Licensing BranchReports World Wide Web site, accessedfrom the main FCC Web page: http://www.fcc.gov, by clicking the linklabeled ‘‘Electronic Filing,’’ and thenclicking the link labeled ‘‘OETExperimental Licensing BranchReports.’’

SAFEGUARDS:

All files are available to the publicexcept classified files and files that havebeen granted confidentiality under 47CFR 0.457 of the Commission rules.Classified files are kept in lockedcabinets in accordance with security

regulations. Files which have beengranted confidentiality under 47 CFR0.457 are marked ‘‘NOT FOR PUBLICINSPECTION’’ and may only beaccessed by Commission employeeswho have a need to know theinformation. Files which have beengranted confidentiality under 47 CFR0.457 are not accessible over theInternet. Data resident on networkservers are backed-up daily to magneticmedia. One week’s worth of back-uptapes is stored on-site in fireproof saves.Each week, the previous week’s backuptapes are sent to an off-site storagelocation. A maximum of ten week’stapes are kept and cycled in thisfashion.

RETENTION AND DISPOSAL:Records are maintained in the office.

They are destroyed two years afterexpiration of the license.

SYSTEM MANAGER(S) AND ADDRESS:Chief, Experimental Licensing

Branch, Office of Engineering andTechnology, Federal CommunicationsCommission, 445 12th Street, SW.,Room 7–A267, Washington, DC 20554.


manager.

RECORDS ACCESS PROCEDURES:Address inquiries to the system

manager.


manager.

RECORD SOURCE CATEGORIES:The majority of information in these

records comes from the individual.Other information comes fromcoordination with other FCC bureausand from that which is generated withthe Spectrum Coordination Branchduring the normal processing of theapplication.


FCC/OGC–2

SYSTEM NAME:

Attorney Misconduct Files.

SYSTEM LOCATION:

Office of General Counsel, FederalCommunications Commission (FCC),445 12th Street, SW., Room 8–C743,Washington, DC 20554.


Any attorney who appears in arepresentative capacity before the FCC

and who is charged with attorneymisconduct.


The records in this system of recordsinclude correspondence, briefs, relatedFCC agenda items, bar associationrecommendations, investigativefindings, complaints of attorneymisconduct, memoranda, and pleadings.


5 U.S.C. 500(d).

PURPOSE(S):

Record information is used by staffattorneys to prosecute a case forattorney misconduct before FCCadministrative law judges or before theCommission.


Where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records from this system of records maybe referred to the appropriate Federal,state, or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, regulation or order.



STORAGE:

The information is stored in filefolders.

RETRIEVABILITY:

Records are retrieved by the name ofthe attorney charged with misconduct.

SAFEGUARDS:

Records are kept in file cabinets inoffices that are secured at the end ofeach business day. Since only one ortwo staff persons routinely access thisrecord system, unauthorizedexamination during business hourswould be easily detected.


Destroyed five years after caseclosure.


General Counsel, Office of GeneralCounsel, Federal CommunicationsCommission (FCC), 445 12th Street,SW., Room 8–C743, Washington, DC20554.







EXEMPTIONS CLAIMED FOR THE SYSTEM:This system of records is exempt from

Subsections (c)(3), (d), (e)(1), (e)(4)(G),(H), and (I) and (f) of the Privacy Act of1974, 5 U.S.C. 552a, and from §§ 0.554–0.557 and 0.559 of the Commission’srules. These provisions concernnotification, record access, andcontesting procedures, as well aspublication of record sources. Thesystem is exempt from these provisionsbecause it is maintained for lawenforcement purposes pursuant tosubsection (k)(2) of the Act.

FCC/OGC–3

SYSTEM NAME:Employee Complaint Adjudication.

SYSTEM LOCATION:Office of General Counsel, Federal



Any Commission employee who isthe subject of a complaint investigationinvolving internal personnel actions oractivities, i.e., discrimination, grievance,political activity, separation, or adverseaction.

CATEGORIES OF RECORDS IN THE SYSTEM:Records in this system of records

involve internal personnel disputes thathave reached the hearing stage, and mayinclude correspondence, memoranda,transcripts of hearings, briefs, pleadings,investigative reports, decisions ofhearing examiners, and Commissioners.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:5 U.S.C. 301.

PURPOSE(S):1. These records are used by staff

attorneys in the General Counsel’s officein settlement negotiations withopposing parties; records are also usedin preparation for hearings before anadministrative body or a court ofappropriate jurisdiction.

2. A record on an individual in asystem of records may be disclosedwhere pertinent, in any legal proceedingto which the Commission is a partybefore a court or administrative body.


1. A record from this system ofrecords may be disclosed to theDepartment of Justice or in a proceedingbefore a court of adjudicative bodywhen:

(a) The United States, theCommission, a component of theCommission, or when represented bythe government, an employee of the FCCis a party to litigation or anticipatedlitigation or has an interest in suchlitigation, and


2. A record from this system ofrecords which concerns information onpay and leave, benefits, retirementdeductions, and any other pertinentinformation may be disclosed to theOffice of Personnel Management inorder for it to carry out its legallyauthorized Government-wide functionsand duties.



STORAGE:

The information is stored in filefolders.

RETRIEVABILITY:

Records are retrieved by the name ofthe subject individual in theinvestigation.

SAFEGUARDS:

Records are maintained in filecabinets in an office that is secured atthe end of each business day. Since onlyone or two staff persons routinely accessthis record system, unauthorizedexamination during business hourswould be easily detected.


Destroyed five years after caseclosure.


General Counsel, Office of GeneralCounsel, Federal CommunicationsCommission, 445 12th Street, SW.,Room 8–C743, Washington, DC 20554.

NOTIFICATION PROCESS:


RECORD ACCESS PROCEDURE:

Same as above.

CONTESTING RECORD PROCEDURE:

Same as above.


Co-workers of subject individual,other supervisors, classification experts,other persons involved in the case.


None.

FCC/OGC–5

SYSTEM NAME:

Parties with Pending Civil Cases thatAffect the Commission before anyDistrict Court; before any Court ofAppeals; and before the Supreme Court.

SYSTEM LOCATION:

Office of General Counsel, FederalCommunications Commission (FCC),445 12th Street, SW., Room 8–C743,Washington, DC 20554.


Any individual who has amiscellaneous case involving theCommission before any District Court;before any Court of Appeals; and beforethe Supreme Court.


Letters, memoranda, pleadings, briefs,and bankruptcy papers.


47 U.S.C. 402.

PURPOSE(S):

Information in this system of recordsis used by Commission attorneys toupdate information or furnishadditional data for the Governmentagency handling the case. The recordscontained in this system are availablefor public inspection to the extent thatthey do not contain information usuallyexempt from mandatory disclosureunder Exemption 5 of the FOIA, 5U.S.C. 552(b)(5).



2. A record from this system ofrecords may be disclosed to theDepartment of Justice or in a proceeding



before a court or adjudicative bodywhen:



3. A record in this system of recordswhich concerns information on pay andleave, benefits, retirement deductions,and any other pertinent informationmay be disclosed to the Office ofPersonnel Management in order for it tocarry out its legally authorizedGovernment-wide functions and duties.



STORAGE:Data are stored in file folders.

RETRIEVABILITY:Records are retrieved by the name of

the individual filing the claim.

SAFEGUARDS:Records are maintained in file

cabinets in an office that is secured atthe end of each business day.

RETENTION AND DISPOSAL:The records are destroyed when no

longer needed or after five years,whichever occurs first.

SYSTEM MANAGER(S) AND ADDRESS:General Counsel, Office of General

Counsel, Federal CommunicationsCommission (FCC), 445 12th Street,SW., Room 8–C743, Washington, DC20554.


manager.

RECORD ACCESS PROCEDURE:Address inquiries to the system

manager.


manager.

RECORD SOURCE CATEGORIES:Justice Department: U.S. Attorneys;

other Federal agencies: U.S. DistrictCourts; and parties to the proceedings.


FCC/OGC–6

SYSTEM NAME:Private or Civil Injury Claimants.

SYSTEM LOCATION:Office of General Counsel, Federal



Any individual who files a damageclaim against the Commission orcommits a tort against a Commissionemployee.

CATEGORIES OF RECORDS IN THE SYSTEM:Information in this system of records

includes accident reports, tort claimvouchers, correspondence, memoranda,medical and payment receipts, repairand payment receipts, and pictures.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Federal Tort Claims Act, 28 U.S.C.

2672.

PURPOSE(S):Record information is used by

attorneys in the Office of GeneralCounsel to determine whether a damageclaim filed against the Commissionshould be paid and for referencepurposes when similar cases arise. If itis determined that the claim should notbe paid or if the Commission cannotmake the final determination whether ornot to pay a claim, the record isroutinely transferred to the appropriateagency charged with the responsibilityof disposition. The records contained inthis system are available for publicinspection to the extent that they do notcontain information usually exemptfrom mandatory disclosure underExemption 5 of the FOIA, 5 U.S.C.552(b)(5).




(a) The United States, theCommission, or, when an employee ofthe Commission is a party to litigationor anticipated litigation or has aninterest in such litigation, and


In each of these cases, the FCC willdetermine whether the disclosure of therecords is compatible with the purposefor which the records were collected.


STORAGE:

File folders.

RETRIEVABILITY:

Records are retrieved by the name ofthe individual who filed the claim.

SAFEGUARDS:

Records are kept in a file cabinet inan office that is locked at the end ofeach business day. Since only one ortwo office persons routinely access thissystem, unauthorized examinationduring business hours would be easilydetected.


Records are destroyed five years aftercase closure.


General Counsel, Office of GeneralCounsel, Federal CommunicationsCommission, 445 12th Street, SW.,Room 8–C743, Washington, DC 20554.



RECORD ACCESS PROCEDURE:

Same as above.


Same as above.


Witnesses: Office of General Counsel;Office of Managing Director: claimants;and employees.


The records contained in this systemare available for public inspection to theextent that they do not containinformation usually exempt frommandatory disclosure under Exemption5 of the FOIA, 5 U.S.C. 552(b)(5).

FCC/OIG–1

SYSTEM NAME:

Criminal Investigative Files.

SECURITY CLASSIFICATION:

Not applicable.

SYSTEM LOCATION:

Office of Inspector General (OIG),Federal Communications Commission(FCC), 445 12th Street, SW., Room 2–C762, Washington, DC 20554.



CATEGORIES OF INDIVIDUALS COVERED BY THISSYSTEM:

This system of records is limited torecords on individuals, includingpresent and former FCC employees, whoare or have been the subjects ofinvestigations conducted by the OIG inaccordance with the Inspector General’s(IG) authority derived from theInspector General Act of 1978, asamended, 5 U.S.C. appendix 3. Theseinvestigations arise within the contextof alleged violations of criminal lawswhich proscribe fraud, waste, and abusein the execution of the Commission’sprograms and operations.

CATEGORIES OF RECORDS IN THE SYSTEM:1. Case files developed during

investigations of known or allegedfraud, waste, and abuse, or otherirregularities or violations of criminallaws and regulations;

2. Case files related to programs andoperations administered or financed bythe FCC, including contractors andothers doing business with the FCC;

3. Investigative files relating to FCCemployees’ hotline complaints andother miscellaneous complaint files; and

4. Investigative reports and relateddocuments, such as correspondence,notes, attachments, and working papers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Inspector General Act of 1978, as

amended by Pub. L. 100–504, October18, 1988.

PURPOSE(S):This action is required in order to

reflect the creation of the OIG in March1989, and its statutory authorization toperform investigations, see 54 FR 15194,April 17, 1989. This system consists ofthe OIG’s Investigative Files compiledfor criminal investigation purposes:

1. For the purpose of preventing ordetecting fraud, waste, or abuse;

2. Conducting and supervising auditsand investigations relating to programsand operations in the Commission; and

3. Informing the Chairman aboutproblems and deficiencies in theCommission’s programs and operationsor suggesting corrective action inreference to identified irregularities,problems, or deficiencies.


Records maintained by the OIG tocarry out its functions may be disclosed,as routine use, as follows:

1. Where there is an indication ofviolation or potential violation ofstatute, regulation, rule or order, recordsfrom this system may be referred to theappropriate Federal, foreign, state or

local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, regulation, or order.

2. To any source, either private orgovernment, to the extent necessary tosecure from such source informationrelevant to and sought in furtherance ofan investigation or audit to beconducted by the OIG.

3. To private contractors for thepurpose of collating, analyzing,aggregating, or otherwise refiningrecords pertaining to an OIGinvestigation or audit. Disclosure willalso be made to independent auditorswho by contract carry out audits onbehalf of the OIG. Such contractors willbe required to maintain Privacy Actsafeguards with respect to such records.

4. To the U.S. Department of Justicein order to obtain that department’sadvice regarding disclosure obligationsunder the Freedom of Information Actwithin the context of investigations andaudits conducted by the OIG.

5. To the Office of Management andBudget in order to obtain that office’sadvice regarding obligations under thePrivacy Act within the context ofinvestigations and audits conducted bythe OIG.

6. To the Department of Justice or theOffice of General Counsel of theCommission or independent counselretained by OIG when the defendant inlitigation is:

(a) Any component of theCommission or any employee of theCommission in his or her officialcapacity;

(b) The United States where theCommission determines that the claim,if successful, is likely to directly affectthe operations of the Commission;

(c) Any Commission employee in hisor her individual capacity where theDepartment of Justice and/or the Officeof the General Counsel of theCommission agree to represent suchemployee.

In each of these cases, the FCC willdetermine whether disclosure of therecords is compatible with the purposefor which the records are collected.


STORAGE:The OIG Investigative Files consist

either of paper records maintained infile folders or an automated databasemaintained on computer diskettes or ona computer network. All records arestored under secure conditions.

RETRIEVABILITY:Records are filed alphabetically by

name of the subject of the investigation

or by a unique file number assigned toeach investigation.

SAFEGUARDS:Paper and diskette records are kept in

locked file cabinets in offices that arefurther secured at the end of eachbusiness day. Limited access of theserecords is permitted by those personswhose official duties require suchaccess, thus unauthorized examinationduring business hours would be easilydetected. Data resident on networkservers are backed-up daily to magneticmedia. One week’s worth of back-uptapes is stored on-site in fireproof safes.Each week, the previous week’s backuptapes are sent to an off-site storagelocation. A maximum of ten week’stapes are kept and cycled in thisfashion.

RETENTION AND DISPOSAL:The Investigative Files are kept by the

specified periods of five to ten yearsfrom the date the files are closed, inaccordance with the National Archivesand Records Schedule 22. Disposition ofrecords shall be in accordance with FCCRecords Maintenance and DispositionSystem.

SYSTEM MANAGER(S) AND ADDRESS:Inspector General, Office of Inspector

General, Federal CommunicationsCommission (FCC), 445 12th Street,SW., Room 2–C762, Washington, DC20554.

NOTIFICATION, RECORD ACCESS AND CONTESTINGPROCEDURES:

Pursuant to section (j)(2) of thePrivacy Act, the publication ofnotification, access and contestingprocedures for records contained in thissystem is not necessary. Under certaincircumstances, however, adetermination as to the availability ofthese procedures shall be made at thetime a request for notification, access, orcontesting is received. Such inquiriesshould be addressed to the SystemManager at the above address. Writtenrequests should be clearly marked,‘‘Privacy Act Request’’ on the envelopeand letter, and include the full name ofthe individual, some type of appropriatepersonal identification, and the currentaddress.

RECORD ACCESS PROCEDURES:See statement in the notification

procedures section above.

CONTESTING RECORD PROCEDURES:See statement in the notification

procedures section above.

RECORD SOURCE CATEGORIES:Pursuant to section (j)(2) of the

Privacy Act, 5 U.S.C. 552a(j)(2), the



Commission is not required to publishthe categories of the sources from whichrecords contained in this system areobtained.

EXEMPTIONS CLAIMED FOR THE SYSTEM:Pursuant to section (j)(2) of the

Privacy Act, 5 U.S.C. 552a(j)(2), thissystem is exempt from all of theprovisions of the Privacy Act exceptsubsections (b), (c)(1) and (c)(2),(e)(4)(A) through (F), (e)(6), (e)(7), (e)(9),(e)(10) (e)(11) and (i). The Commission’srules implementing the Privacy Act willstate that this system of records isexempt from the Privacy Act provisionsreferred to in this paragraph. See 47 CFR0.561.

FCC/OIG–2

SYSTEM NAME:General Investigative Files.

SECURITY CLASSIFICATION:Not applicable.

SYSTEM LOCATION:Office of Inspector General (OIG),

Federal Communications Commission(FCC), 445 12th Street, SW., Room 2–C762, Washington, DC 20554.


This system of records containsrecords on individuals, includingpresent and former FCC employees, whoare or have been the subjects of generalinvestigations conducted by the OIGrelating to allegations raised pertainingto fraud, waste, and abuse with respectto programs and operations of theCommission.

CATEGORIES OF RECORDS IN THE SYSTEM:Case files developed during

investigations of known or allegedfraud, waste, and abuse, or otherirregularities or violations of laws andregulations. Case files related toprograms and operations administeredor financed by the FCC, includingcontractors and others doing businesswith the FCC. Investigative files relatingto FCC employee’s hotline complaints,and other miscellaneous complaint files.Investigative reports and relateddocuments, such as correspondence,notes, attachments, and working papers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Inspector General Act of 1978, as

amended by Pub. L. 100–504, October18, 1988.

PURPOSE(S):For the purpose of preventing or

detecting waste, fraud, or abuse,conducting and supervising audits andinvestigations relating to programs and

operations, informing the Chairmanabout problems and deficiencies in theCommission’s programs and operationsor suggesting corrective action inreference to identified irregularities,problems or deficiencies, theCommission’s Inspector General isestablishing this system of records. Thisaction is required in order to reflect thecreation of the OIG in March 1989, andits statutory authorization to performinvestigations, see 54 FR 15194, April17, 1989. This system consists of theOIG’s Investigative Files compiled forlaw enforcement purposes.


Records maintained by the OIG tocarry out its functions may be disclosed,as routine uses, as follows:

1. Where there is an indication ofviolation or potential violation of astatute, regulation, rule, or order,records from this system may bereferred to the appropriate Federal,foreign, state or local agency responsiblefor investigating or prosecuting aviolation or for enforcing orimplementing the statute, rule,regulation or order.

2. To any source, either private orgovernmental, to the extent necessary tosecure from such source informationrelevant to and sought in furtherance ofan investigation or audit to beconducted by the OIG.

3. To private contractors for thepurpose of collating, analyzing,aggregating, or otherwise refiningrecords pertaining to an OIGinvestigation or audit. Disclosure willalso be made to independent auditorswho by contract carry out audits onbehalf of the OIG. Such contractors willbe required to maintain Privacy Actsafeguards with respect to such records.

4. To the Department of Justice inorder to obtain that department’s adviceregarding disclosure obligations underthe Freedom of Information Act withinthe context of investigations and auditsconducted by the OIG.

5. To the Office of Management andBudget in order to obtain that office’sadvice regarding obligations under thePrivacy Act within the context ofinvestigations and audits conducted bythe OIG.

6. To the Department of Justice or theOffice of General Counsel of theCommission or independent counselretained by OIG when the defendant inlitigation is:

(a) Any component of theCommission or any employee of theCommission in his or her officialcapacity;

(b) The United States where theCommission determines that the claim,if successful, is likely to directly affectthe operations of the Commission;

(c) Any Commission employee in hisor her individual capacity where theDepartment of Justice and/or the Officeof the General Counsel of theCommission agree to represent suchemployee.

In each of these cases, the FCC willdetermine whether disclosure of therecords is compatible with the purposefor which the records were recorded.


STORAGE:The OIG Investigative Files consist

either of paper records maintained infile folders or an automated databasemaintained on computer diskettes or ona computer network. All records arestored under secure conditions.

RETRIEVABILITY:Records are filed alphabetically by

name of subject of the investigation orby a unique file number assigned toeach investigation.

SAFEGUARDS:Paper and diskette records are kept in

locked file cabinets in offices that arefurther secured at the end of eachbusiness day. Limited access of theserecords is permitted by those personswhose official duties require suchaccess, thus unauthorized examinationduring business hours would be easilydetected. Data resident on networkservers are backed-up daily to magneticmedia. One week’s worth of back-uptapes is stored on-site in fireproof safes.Each week, the previous week’s backuptapes are sent to an off-site storagelocation. A maximum of ten week’stapes are kept and cycled in thisfashion.

RETENTION AND DISPOSAL:The Investigative Files are kept by the

specified periods of 5 to 10 years fromthe date the files are closed, inaccordance with the National Archivesand Records Schedule 22. Disposition ofrecords shall be in accordance with FCCRecords Maintenance and DispositionSystem.

SYSTEM MANAGER(S) AND ADDRESS:Inspector General, Office of Inspector

General, Federal CommunicationsCommission, 445 12th Street, SW.,Room 2–C762, Washington, DC.


Pursuant to section (k)(2) of thePrivacy Act the publication of



notification, access and contestingprocedures for records contained in thissystem is not necessary. Under certaincircumstances, however, adetermination as to the availability ofthese procedures shall be made at thetime a request for notification, access, orcontesting is received. Such inquiriesshould be addressed to the SystemManager at the above address. Writtenrequests should be clearly marked,‘‘Privacy Act Request’’ on the envelopeand letter. Include full name of theindividual, some type of appropriatepersonal identification, and currentaddress.

RECORD SOURCE CATEGORIES:Pursuant to section (k)(2) of the

Privacy Act, 5 U.S.C. 552a(k)(2), theCommission is not required to publishthe categories of the sources from whichrecords contained in this system areobtained.

EXEMPTIONS CLAIMED FOR THE SYSTEM:Pursuant to section (k)(2) of the

Privacy Act, 5 U.S.C. 552a(k)(2), thissystem is exempt from all of theprovisions of the Privacy Act: (c)(3), (d),(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f).The Commission’s rules implementingthe Privacy Act will state that thissystem of records is exempt from thePrivacy Act provisions referred to inthis paragraph. See 47 CFR 0.561.

FCC/OMD–2

SYSTEM NAME:Labor and Employee Relations Case

Files.

SYSTEM LOCATION:

Labor Relations and WorkforceEffectiveness Service Center, Office ofAssociate Managing Director-HumanResources Management, Office ofManaging Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–B104,Washington, DC. 20554.


Current and former FCC employees.


1. This system contains a variety ofrecords relating to formal and informalactions based on conduct orperformance and also includes the filesdealing with: Grievances filed under thenegotiated or administrative grievanceprocedures, Requests forreconsideration, Arbitrations, Appeals,and Miscellaneous inquiries andcomplaints.

2. The records may includeinformation such as case number,

employee name, Social SecurityNumber, grade, job title, andemployment history.

3. The records may also includecopies of notices of proposed actions;materials relied on by the agency tosupport the proposed action; statementsof witnesses; employee responses orappeals; transcripts; and agencydecisions.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:5 U.S.C. 33, 35, 43, 61, 63, 71, 73, 75,

and 77; 5 CFR parts 315, 359, 432, 531,532, 610, 630, 715, 733, 735, 752, and771.

ROUTINE USES OF RECORDS MAINTAINED IN THESYSTEM, INCLUDING CATEGORIES OF USERS ANDTHE PURPOSES OF SUCH USE:

1. A record from this system ofrecords may be disclosed to FCCofficials when such officials have a‘‘need to know’’ in carrying out theirofficials duties.

2. A record from this system may bedisclosed to officials of labororganizations recognized under 5 U.S.C.chapter 71 when relevant and necessaryto their duties of exclusiverepresentation concerning personnelpolicies, practices, and matters affectingworking conditions.

3. Where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records from this system may bereferred to the appropriate Federal,state, or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, regulation or order.

4. A record from this system may bedisclosed to those sources from whichadditional information is requested inorder to process personnel actions, tothe extent necessary to identify theindividual, inform the source or thepurpose(s) of the request, and to identifythe type of information requested.

5. A record from this system may bedisclosed to a Federal agency, inresponse to its request, in connectionwith the hiring or retention of anemployee, the issuance of a securityclearance, the conducting of a securityor suitability investigation of anindividual, or the classifying of jobs, tothe extent that the information isrelevant and necessary to the requestingagency’s decision on the hiring orretention of an employee or the issuanceof a security clearance.

6. A record from this system may bedisclosed to a Congressional office inresponse to an inquiry the individualhas made to the Congressional office.

7. A record on an individual in thissystem of records may be disclosed,

where pertinent, in any legal proceedingto which the Commission is a partybefore a court or administrative body.

8. A record from this system may bedisclosed in response to a request fordiscovery or for appearance of a witnessor when the information is relevant toa subject matter involved in a pendingjudicial or administrative proceeding.

9. A record from this system may bedisclosed to officials of the MeritSystems Protection Board, including theOffice of the Special Counsel, whenrequested in connection with appeals,special studies of the civil service andother merit systems, review of OPMrules and regulations, investigations ofalleged or possible prohibited personnelpractices, and such other functions; e.g.,as promulgated in 5 U.S.C. 1205–1206,or as may be authorized by law.

10. A record from this system may bedisclosed to the Equal EmploymentOpportunity Commission whenrequested in connection withinvestigations into alleged or possiblediscrimination practices in the Federalsector, examination of Federalaffirmative employment programs,compliance by Federal agencies withapplicable laws and regulations, orother functions vested in theCommission by applicable law.

11. A record from this system may bedisclosed to the Federal Labor RelationsAuthority or its General Counsel whenrequested in connection withinvestigations of allegations of unfairlabor practices or matters before theFederal Service Impasses Panel.

12. A record from this system may bedisclosed to other Federal agenciesneeded for the performance of theirofficial duties related to reconciling orreconstructing data files, in relating topersonnel actions.



STORAGE:These records are maintained in file

folders.

RETRIEVABILITY:These records are retrieved

preliminarily by case number. Anexamination of case logs will disclosethe name of an employee associatedwith a case number.

SAFEGUARDS:These records are maintained in

secured metal filing cabinets to whichonly authorized personnel have access.




1. Records pertaining to the followingmatters are disposed of at the end of thefirst fiscal year following completion ofthe fiscal year in which the action wastaken: Informal actions based onconduct or performance; Oraladmonishments confirmed in writing;and Written reprimands.

2. Records pertaining to the followingmatters are disposed of at the end of thethird fiscal year following completing ofthe fiscal year in which the action wastaken: Grievances processed under thenegotiated or administrative grievanceprocedures; Appeals; Request forrestoration of annual leave; andRequests for admission to the agency’sleave transfer program.

3. Records pertaining to the followingmatters are disposed of at the end of thefourth fiscal year following completionof the fiscal year in which the actionwas taken: Within-grade increasedenials/postponements; Suspensions,removals, and furloughs taken underauthority of 5 U.S.C. chapters 35 and 75;and Requests for reconsideration/review.

4. Records pertaining to the followingmatters are disposed of at the end of thefifth fiscal year following completion ofthe fiscal year in which the action wastaken: Removals, demotions, andreassignments based on unacceptableperformance; Arbitrations; and Unfairlabor practices.

Disposal is by shredding or burning.

SYSTEM MANAGER(S) AND ADDRESS:Managing Director, Office of

Managing Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–B104,Washington, DC 20554.

NOTIFICATION PROCEDURE:Individuals subject to an action

governed by this system of records willbe provided access to the record uponrequest, subject to applicable law andregulation. Individuals should contactthe System Manager for access. Theymust furnish the following informationin writing for their records to be locatedand identified: Name, Date of birth,Approximate opening and closing datesof the case and the kind of actioninvolved, and Organizationalcomponent involved.


Same as notification procedure.


Individuals wishing to requestamendment of their records to correctfactual errors should contact the SystemManager in writing. The following

information must be provided: Name,Date of birth, Approximate opening andclosing date of the case and the kind ofaction involved, and Organizationalcomponent involved.

RECORD SOURCE CATEGORIES:Information in this system of records

is provided by:Individual on whom the record is

maintained, Testimony of witnesses,Supervisors and managers, Unionofficials, and Arbitrators and otherthird-parties, such as the Department ofLabor, Federal Labor RelationsAuthority, and Merit System ProtectionBoard.


FCC/OMD–3

SYSTEM NAME:Federal Advisory Committee

Membership File (FACA).

SYSTEM LOCATION:Associate Managing Director-PERM,

Office of Managing Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–A836,Washington, DC 20554.


Members of Federal advisorycommittees sponsored or co-sponsoredby the FCC.

CATEGORIES OF RECORDS IN THE SYSTEM:1. Current information regarding

individual advisory committeemembers’ names, business addresses,business telephone numbers, andoccupations or titles is kept with themembers’ respective advisorycommittee.

2. Copies or original financialdisclosure forms, whenever they arenecessary to be filed by committeemembers, are kept by the members’respective advisory committees.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Pub. L. 92–463, Federal Advisory

Committee Act.


1. A record in this system may beused to distribute information tomembers of each committee forpurposes of conducting meetings andgeneral committee business.

2. A record in this system may beused to provide information to thepublic upon request, in both hardcopyand in electronic form.

3. A record in this system may bedisclosed to furnish information to the

General Services Administration (GSA),and if necessary, to the Office ofManagement and Budget (OMB), for usein compiling an annual report.

4. A record in this system may bedisclosed to furnish information toCongress in response to periodicCongressional inquiries.



STORAGE:Records are maintained on 81⁄2 x 11

and 81⁄2 x 5 papers in file folders; oncomputer diskettes, or in the computerdatabase system. Storage is in the Officeof the Managing Director at the FCC.Specific information on AdvisoryCommittees is generally stored with theindividual Advisory Committee Official,while more general information aboutthe committees is stored in the Office ofthe Managing Director.

RETRIEVABILITY:Records are grouped by name of

committee and filed and retrievedthereunder by name of committeemember.

SAFEGUARDS:Paper records are maintained in file

cabinets in offices that are locked at theend of each business day, on computerdiskettes, or on the computer harddrive.

RETENTION AND DISPOSAL:Records are generally retained until

the Committee is terminated, and thentransferred to the Federal RecordsCenter. In certain instances, when spaceis not available, records may betransferred to the Federal RecordsCenter prior to when the Committee isterminated.

SYSTEM MANAGER(S) AND ADDRESS:Managing Director, Office of

Managing Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–C144,Washington, DC 20554.


manager. The name of advisorycommittee should be included in theinquiry.

RECORD ACCESS PROCEDURES:Same as in notification procedures.

CONTESTING RECORD PROCEDURES:Same as in notification procedure.



RECORD SOURCE CATEGORIES:Committee members.


FCC/OMD–4

SYSTEM NAME:Security Office Control Files.

SYSTEM LOCATION:Security Operations Center, Office of

Managing Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–B458,Washington, DC 20554.


Current and former FCC employeesand contractors.

CATEGORIES OF RECORDS IN THE SYSTEM:Records in this system contain the

following information: Individual’s last,first, and middle names (filedalphabetically by last name), SocialSecurity Number, Date of birth, Place ofbirth, Classification as to positionsensitivity, Types and dates ofinvestigations, Investigative reports, andDates and levels of clearance.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Executive Orders 10450 and 12968.

PURPOSE(S):These records are used by FCC

Security Officer and the PersonnelSecurity Specialist of the Security Officefor reference in connection with thecontrol of position sensitivity andsecurity clearances.


1. For disclosure to a Federal agencyor the District of Columbia Government,in response to its request, in connectionwith the hiring or retention of anemployee, the issuance of a securityclearance, the conducting of a securityor suitability investigation of anindividual, the classifying of jobs, theletting of a contract, or the issuance ofa license, grant, or other benefit by therequesting agency, to the extent that theinformation is relevant and necessary tothe requesting agency’s decision on thefiring or retention of an employee, theissuance of a security clearance, theletting of a contract, or the issuance ofa license, grant, or other benefit.

2. For disclosure to the securityofficer of an agency in the executive,legislative, or judicial branch, or theDistrict of Columbia Government, inresponse to its request for verification ofsecurity clearances, of FCC employees

to have access to classified data or areaswhere their official duties require suchaccess.

3. Where there is an indication or aviolation or potential violation of astatute, regulation, rule, order may bereferred to the appropriate Federal,state, or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, regulation or order.

4. A record from this system may bedisclosure to request information from aFederal, state, local or agencymaintaining civil, criminal, or otherrelevant enforcement information, orother pertinent information records,such as licenses, if necessary to obtaininformation relevant to a Commissiondecision concerning the hiring orretention of an employee, the issuanceof a security clearance, the letting of acontract, or the issuance of a grant orother benefit.

5. A record on an individual in thissystem of records may be disclosed to aCongressional office in response to aninquiry the individual has made to aCongressional office.




STORAGE:

Records are maintained in the standalone computer database.

RETRIEVABILITY:

Records are retrieved by the name andSocial Security Number of theindividuals on whom they aremaintained.

SAFEGUARDS:

The stand alone computer is storedwithin a secured area. A back up copyof these records is made weekly using3.5 diskettes.


When an employee/contractor leavesthe agency, the file in the database isdeleted. If there is an investigative fileon an employee/contractor, the file iskept for five years after the employee/contractor leaves the agency.


Security Operations Center, Office ofManaging Director, FederalCommunications Commission, 445 12thStreet, SW., Room 1–B458, Washington,DC 20554.


Individuals wishing to inquirewhether this system of records containsinformation about them should contactthe system manager indicated above.Individuals must furnish the followinginformation for their records to belocated and identified: Full name, Dateof birth, and Social Security Number.


Individuals wishing to request accessto records about them should contactthe system manager indicated above.Individuals must furnish the followinginformation for their record to belocated and identified: Full name andSocial Security Number. An individualrequesting access must also follow FCCPrivacy Act regulations regardingverification of identity and access torecords. See 47 CFR 0.554–0.555.

CONTESTING RECORD PROCEDURES:1. Individuals wishing to request

amendment of their records shouldcontact the system manager indicatedabove.

2. Individuals must furnish thefollowing information for their record tobe located and identified: Full name andSocial Security Number.

3. An individual requestingamendment must also follow the FCCPrivacy Act regulations regardingverification of identity and amendmentof records, 47 CFR 0.556–0.557.


Records in this system include theindividual to whom the informationapplies; investigative files maintainedby the OPM Division of PersonnelInvestigations Processing Center; andemployment information maintained bythe Personnel officer of the FCC.


None.

OMD–6

SYSTEM NAME:

Records of Money Owed, Received,Refunded, and Returned.

SYSTEM LOCATION:

Financial Operations Center,Associate Managing Director-FinancialOperations, Office of Managing Director,Federal Communications Commission(FCC), 445 12th Street, SW., Room1–A625, Washington, DC 20554, and



Licensing Division, WirelessTelecommunications Bureau, FederalCommunications Commission (FCC),1270 Fairfield Road, Gettysburg,Pennsylvania 17325.


Records in this system include thefollowing information:

1. Individuals making payments tocover forfeitures assessed, feescollected, services rendered, and directloans; refunds for incorrect payments oroverpayments (including applicationprocessing fees, travel advances,advanced sick leave and advancedannual leave);

2. Billing and collection of badchecks; and

3. Miscellaneous monies received bythe Commission (includingreimbursement authorized under theTravel Reimbursement Program).

CATEGORIES OF RECORDS IN THE SYSTEM:Record categories for this system

include: Names, Social SecurityNumbers (SSN), Taxpayer InformationNumbers (TIN), FCC RegistrationNumbers (FRN), Telephone numbers,Addresses of individuals, Records ofservices rendered, Loan paymentinformation, Forfeitures assessed andcollected, Amounts, Dates, Checknumbers, Locations, Bank depositinformation, Transaction typeinformation, United States Treasurydeposit numbers, Ship name and callsign, and Information substantiating feescollected, refunds issued, and interest,penalties, and administrative chargesassessed to individuals.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Budget and Accounting Act of 1921;

Budget and Accounting Procedures Actof 1950; Federal CommunicationsAuthorization Act of 1989; and 31U.S.C. 525.

PURPOSE(S):The primary uses of the records are:

(a) To account for all monies receivedby the FCC from the public andrefunded to the public; (b) To computevouchers to determine amounts claimedand reimbursed; and (c) To account forall advances given to employees.


1. Where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records from this system may bereferred to the appropriate Federal,State, or local agency responsible forinvestigating or prosecuting a violation,

or for enforcing or implementing thestatute, rule, regulation or order.

2. A record from this system may bedisclosed to request information from aFederal, State, or local agencymaintaining civil, criminal, or otherrelevant enforcement such as licenses, ifnecessary, to obtain informationrelevant to a FCC decision concerningthe hiring or retention of an employee,the issuance of a security clearance, theletting of a contract, or the issuance ofa license, grant, or other benefit.






(a) The United States, theCommission, a component of theCommission, or, when represented bythe Government, an employee of theCommission is a party to litigation oranticipated litigation or has an interestin such litigation, and

(b) the Commission determines thatthe disclosure is relevant or necessary tothe litigation.

8. A record from this system ofrecords which concerns information onpay and leave, benefits, retirementdeductions, and any other pertinentinformation may be disclosed to theOffice of Personnel Management inorder for it to carry out its legallyauthorized Government-wide functionsand duties.

9. Records from this system may bedisclosed to ‘‘consumer reportingagencies’’ as defined in the Fair CreditReporting Act (15 U.S.C. 1681a(f) or the

Federal Claims Collection Act of 1966(31 U.S.C. 3701(a)(3)).



STORAGE:

Paper, computer printout, microfilm,microfiche, magnetic disc, and magnetictape.

RETRIEVABILITY:

By name and/or type of transaction;call sign; processing number, SocialSecurity number, Taxpayer InformationNumber, FCC Registration Number(FRN), employer identification number,soundex number, fee control number,payment ID number, or sequentialnumber.

SAFEGUARDS:

Records are located in secured metalfile cabinets, metal vaults, and in metalfile cabinets in secured rooms orsecured premises, with access limited tothose individuals whose official dutiesrequired access. Electronic record filesare secured by passwords which areavailable only to authorized personnelwhose duties require access.


Retained for two years following theend of the current fiscal year; thentransferred to the Federal RecordsCenter and destroyed when 6 years and3 months old.


Managing Director, Office ofManaging Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–A663,Washington, DC 20554.





CONTESTING RECORD PROCEDURE:



Subject individual; Federal ReserveBank; agent of subject; Attorney-at-Lawof the subject individual.


None.



FCC/OMD–7

SYSTEM NAME:FCC Employee Transit Benefit and

Parking Permit Programs.

SYSTEM LOCATION:Associate Managing Director—

Administrative Operations, ASC, Officeof the Managing Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room TW–C201,Washington, DC 20554.


FCC employees who apply for andparticipate in the FCC Transit Benefitand Parking Permit Programs, such as:holders of parking permits and membersof carpools and vanpools; recipientswith handicap status for parkingassignments; and applicants andrecipients of fare subsidies issued byFCC.

CATEGORIES OF RECORDS IN THE SYSTEM:This system contains various records

required to administer the TransitBenefit and Parking Permit Programsand serves to determine the applicant’squalification based on handicap status,mode of transportation to and fromwork, and to certify their monthlycommuting cost to and from work.These records include the followinginformation:

1. Employee Transit Benefit Programapplications, Transit Benefitcertification forms, change ofinformation on Employee TransitBenefit Program application of thetransit benefit recipients, parkingapplications, vanpool and carpoolverification, employee parking rosters,employee handicap verification, andexecutive staff information.

2. Data regarding the organizationallocation, telephone number, FCC badgenumber, home address, vehicle make/model, license plate number, handicapstatus documents, van/carpoolinformation, executive status, mode oftransportation and monthly cost oftransportation of any applicant who hassubmitted an application for the TransitBenefit and/or Parking Permit Programs.

3. Records and reports ofdisbursements to transit benefitrecipients, parking permit recipients,handicap status, and information onlocal public mass transit facilities.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Statutory authority to provide public

transportation, parking records, andhandicap parking services is derivedfrom:

1. The Federal Employees Clean AirIncentives Act, Sec. 2(a) of Pub. L. 103–172, at 5 U.S.C. 7905;

2. Sec. 629 of Pub. L. 101–509, ‘‘Stateor Local Government ProgramsEncouraging Employee Use of PublicTransportation, Federal AgencyParticipation,’’ at 5 U.S.C. note prec.section 7901; and in 47 CFR 101–20.104–2; and

3. The Federal Property andAdministrative Services Act of 1949, asamended, at 5 U.S.C. 301.


1. A record in this system may bedisclosed to a member of Congress or toa Congressional staff member inresponse to an inquiry of theCongressional office made at the writtenrequest of the constituent about whomthe record is maintained;

2. A record in this system may bedisclosed to the Department of Justicewhen: (a) The agency or any componentthereof; (b) any employee of the agencyin his or her official capacity where theDepartment of Justice has agreed torepresent the employee; or (c) theUnited States Government, is a party tolitigation or has an interest in suchlitigation, and by careful review, theagency determines that the records areboth relevant and necessary to thelitigation and the use of such records bythe Department of Justice is thereforedeemed by the agency to be for apurpose that is compatible with thepurpose for which the agency collectedthe records;

3. A record in this system may bedisclosed to the National Finance Center(the Commission’s designated payrolloffice), the Department of Treasury DebtManagement Services and/or a currentemployer to effect a salary, IRS taxrefund or administrative offset to satisfyan indebtedness incurred for unofficialuse of transit benefits; and to Federalagencies to identify and locate formeremployees for the purpose of collectingsuch indebtedness, including throughadministrative, salary or tax refundoffsets. Identifying and locating formeremployees, and the subsequent referralto such agencies for offset purposes,may be accomplished throughauthorized computer matchingprograms. Disclosures will be made onlywhen all procedural steps establishedby the Debt Collection Act of 1982, andthe Debt Collection Improvement Act of1996 or the Computer Matching andPrivacy Protection Act of 1988 asappropriate, have been taken;

4. A record in this system may bedisclosed to a FCC employee in his/herindividual capacity when inquiringabout his/her application that wassubmitted for the Transit Benefit and/or

Parking Permit Programs. Employeesmay do so by supplying their full nameand FCC ID Badge Number(Identification Number must matchnumber in the system);

5. A record in this system may bedisclosed where there is an indication ofmisrepresentation to obtain, or misuseof, a transit benefit; and/or parkingpermit, records from this system may bereferred to the appropriate FCC officialresponsible for revoking the transitbenefit and/or parking permit, andrecovering the unauthorized amount ofused transit benefit, suspendingemployee participation in the programs,and/or may result in disciplinary action;

6. A record in this system may bedisclosed to GSA/GAO for the purposesof records management inspectionsconducted. Such disclosure shall not beused to make a determination about anindividual;

7. A record in this system may beused for administrative purposes byauthorized personnel for production oflistings and reports. This system may beused for periodic review of re-certification, and to ensure eligibilityfor, and receipt of, transit benefit andparking privileges;

8. A record from this system may bedisclosed to a request for informationfrom a Federal, state, or local agency inconnection with the approval/disapproval of an application for specialparking assignment; and

9. A record in this system may bedisclosed to agency contractors, whohave been engaged by the agency toassist in the performance of a servicerelated to this system of records andwho need to have access to the recordsin order to perform the necessaryactivity. Recipients will be required tocomply with the requirements of thePrivacy Act of 1974, as amended,pursuant to 5 USC 552a(m).

In each cases the FCC will determinewhether disclosure of the records iscompatible with the purpose for whichthe records were collected.


STORAGE:

Records are maintained on 81⁄2 x 11and 81⁄2 x 5 papers in file folders andin the transit benefit and parking permitcomputer databases. Storage will be inthe Office of Managing Director, AMD—Administrative Operations, ASC,Federal Communications Commission(FCC), 445 12th Street, SW., Room TW–C201, Washington, DC 20554.



RETRIEVABILITY:

Records are retrieved by theemployee’s name, or by the FCC Badgeidentification number, tag, and/orpermit number

SAFEGUARDS:

Records are maintained in a securedarea and are available only to authorizedpersonnel responsible for implementingthese programs and whose dutiesrequire access. Computer databases aresetup with a secured password. Filecabinets where the records are storedwill be controlled by on-site personnelwhen unlocked and locked when not inuse. All transit benefits and parkingpermits are kept in a locked cash boxcontained in a (cylinder lock) drawer.At close of business the cash box is tobe secured in a government issued safewith a combination lock.


Records are retained and disposed ofin accordance with appropriate GeneralRecords Schedule 6, National Archivesand Records Administration.


Associate Managing Director—Administrative Operations, ASC, Officeof the Managing Director, FederalCommunications Commission (FCC),445 12th Street, SW., Room TW–C201,Washington, DC 20554.


Anyone inquiring about an employeerecord under the Transit Benefit andParking Permit Programs should contactthe Transit Benefit and Parking PermitPrograms Coordinator. Individuals mustsupply their full name and/or FCCBadge Number (Identification Numbermust match what is in the system) inorder for records to be located andidentified.


Same as Notification Procedure.


Same as Notification Procedure.


Information in these systems ofrecords is obtained from applicationssubmitted by individuals for the TransitBenefit and Parking Permit Programs.


None.

FCC/OMD–8

SYSTEM NAME:

Revenue Accounting ManagementInformation System (‘‘RAMIS’’).

SYSTEM LOCATION: FINANCIAL OPERATIONSCENTER, ASSOCIATE MANAGING DIRECTOR—FINANCIAL

Operations (AMD–FO), Office ofManaging Director (OMD), FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–A625,Washington, DC 20554.


Records in this system include:Entities (acting on their own behalf oron behalf of a corporate entity) makingpayments to cover forfeitures assessed,application and regulatory fees covered,services rendered, and direct loans;refunds for incorrect payments oroverpayments (including applicationprocessing fees and travel advances);billing and the collection of bad debts;and miscellaneous monies received bythe Commission.

CATEGORIES OF RECORDS IN THE SYSTEM:Records in this system include the

following: Names; Social SecurityNumbers (SSN); Taxpayer IdentificationNumbers (TIN); FCC RegistrationNumbers (FRN); Telephone numbers;Addresses of individuals; Records ofservices rendered; Loan paymentinformation; Forfeitures assessed andcollected; Amounts; Dates; Checknumbers; Locations; Bank depositinformation; Transaction typeinformation; United States Treasurydeposit numbers; Ship name and callsign; and Information substantiating feescollected, refunds issued, and interest,penalties, and administrative chargesassessed to individuals.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Budget and Accounting Act of 1921;

Budget and Accounting Procedures Actof 1950; Federal CommunicationsAuthorization Act of 1989; and 31U.S.C. 525.

PURPOSE(S):The primary uses of the records are to

account for all monies received by theFCC from the public and refunded to thepublic.


1. Where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records from this system may bereferred to the appropriate Federal,State, or local agency responsible forinvestigating or prosecuting a violation,or for enforcing or implementing thestatute, rule, regulation or order.

2. A record from this system may bedisclosed to request information from a

Federal, State, or local agencymaintaining civil, criminal, or otherrelevant enforcement such as licenses, ifnecessary, to obtain informationrelevant to a FCC decision concerningthe hiring or retention of an employee,the issuance of a security clearance, theletting of a contract, or the issuance ofa license, grant, or other benefit.








8. A record from this system ofrecords which concerns information onpast due debts to the FederalGovernment may be disclosed to theDepartment of the Treasure, FinancialManagement Service, other federalagencies and/or your employer to offsetyour salary, IRS tax refund, or otherpayments to collect that debt.

9. Records from this system of recordswhich concerns information on pay andleave, benefits, retirement deductions,and any other pertinent informationmay be disclosed to the Office ofPersonnel Management in order for it tocarry out its legally authorizedGovernment-wide functions and duties.



10. Records from this system may bedisclosed to ‘‘consumer reportingagencies’’ as defined in the Fair CreditReporting Act (15 U.S.C. 1681a(f) of theFederal Claims Collection Act of 1996(31 U.S.C. 3701(a)(3)).



Records are maintained in paper files,computer printout, microfiche, magneticdisc, and magnetic tape.

RETRIEVABILITY:

By name and/or type of transaction,call sign, processing number, SocialSecurity Number, TaxpayerIdentification Number (TNN), FCCRegistration Number (FRN), employeeidentification number, fee controlnumber, payment ID number, orsequential number.

SAFEGUARDS:

Records are located in secured metalfile cabinets, metal vaults, and in metalfile cabinets in secured rooms orsecured premises, with access limited tothose individuals whose official dutiesrequired access. Electronic record filesare secured by passwords which areavailable only to authorized personnelwhose duties require access. Dataresident on network servers are backed-up daily to magnetic media. One week’sworth of back-up tapes is stored on-sitein fireproof safes. Each week, theprevious week’s backup tapes are sent toan off-site storage location. A maximumof ten week’s tapes are kept and cycledin this fashion.


Retained for two years following theend of the current fiscal year; thentransferred to the Federal RecordsCenter and destroyed when 6 years and3 months old.


Managing Director, Office ofManaging Director, FederalCommunications Commission (FCC),445 12th Street, SW, Room 1–A625,Washington, DC 20554.





CONTESTING RECORD PROCEDURE:Address inquiries to the system

manager.

RECORD SOURCE CATEGORIES:Subject individual; Federal Reserve

Bank; FCC RAMIS forms files; Agent ofsubject; and Attorney-at-Law of thesubject individual.


FCC/OMD–9

SYSTEM NAME:Commission Registration System

(‘‘CORES’’).

SYSTEM LOCATION:Financial Operations Group,

Associate Managing Director-FinancialOperations (AMD–FO), Office ofManaging Director (OMD), FederalCommunications Commission (FCC),445 12th Street, SW, Room 1–A625,Washington, DC 20554.


Records in this system includeinformation on individuals (acting ontheir own behalf or on behalf of acorporate entity) who are doing businesswith the Federal CommunicationsCommission. The FCC RegistrationNumber (FRN) will be assigned by theCommission Registration System(CORES). The Registration Number willbe required for anyone doing businesswith the Commission (feeable) afterDecember 31, 2000 to ensure that theyreceive any refunds due, to servicepublic inquiries, and to comply with theDebt Collection Improvement Act of1996.

CATEGORIES OF RECORDS IN THE SYSTEM:Records in this system include:

Names; Address(es); Social SecurityNumbers (SSN); Taxpayer IdentificationNumbers (TIN); FCC RegistrationNumbers (FRN); Business entity type(person or company); Telephonenumber(s); Fax number(s); E-mailaddress(es); and Addresses ofindividuals or entities.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Communications Act of 1934, as

amended, sections 8 and 9 and the DebtCollection Improvement Act of 1996,Pub.L. 104–134.

PURPOSE(S):The primary uses of the records

contained on this form are to maintainrequired accounts receivable, andcollect fines and debts due the FederalCommunications Commission. Thisinformation also assures that the

individuals, or the entities which theyrepresent, receive any refunds due.


1. Where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records from this system may bereferred to the appropriate Federal,State, or local agency responsible forinvestigating or prosecuting a violation,or for enforcing or implementing thestatute, rule, regulation or order.

2. A record from this system may bedisclosed to request information from aFederal, State, or local agencymaintaining civil, criminal, or otherrelevant enforcement such as licenses, ifnecessary, to obtain informationrelevant to a FCC decision concerningthe hiring or retention of an employee,the issuance of a security clearance, theletting of a contract, or the issuance ofa license, grant, or other benefit.







7. A record from this system ofrecords which concerns information onpast due debts to the FederalGovernment may be disclosed to theDepartment of the Treasure, FinancialManagement Service, other federalagencies and/or your employer to offsetyour salary, IRS tax refund, or otherpayments to collect that debt.





Records are maintained in paper files,computer printout, and magnetic tape.

RETRIEVABILITY:By name and/or type of transaction;

Processing number; Social SecurityNumber; Taxpayer IdentificationNumber; FCC Registration Number(FRN); Employer Identification Number;or Sequential number.

SAFEGUARDS:Records are located in secured metal

file cabinets, metal vaults, and in metalfile cabinets in secured rooms orsecured premises, with access limited tothose individuals whose official dutiesrequired access. Electronic record filesare secured by passwords which areavailable only to authorized personnelwhose duties require access. Dataresident on network servers are backed-up daily to magnetic media. One week’sworth of back-up tapes is stored on-sitein fireproof saves. Each week, theprevious week’s backup tapes are sent toan off-site storage location. A maximumof ten week’s tapes are kept and cycledin this fashion.

RETENTION AND DISPOSAL:Retained for two years following the

end of the current fiscal year; thentransferred to the Federal RecordsCenter and destroyed when 6 years and3 months old.

SYSTEM MANAGER(S) AND ADDRESS:Financial Management Division,

Associate Managing Director-FinancialOperations (AMD–FO), Office ofManaging Director (OMD), FederalCommunications Commission (FCC),445 12th Street, SW., Room 1–A625,Washington, DC 20554.


manager.


manager.


manager.

RECORD SOURCE CATEGORIES:Subject individual; Federal Reserve

Bank; FCC CORES forms files; andAttorney-at-Law of the subjectindividual.


None.

FCC/WTB–1

SYSTEM NAME:

Wireless Services Licensing Records.

SYSTEM LOCATION:

Wireless TelecommunicationsBureau, Room 3–C122, FederalCommunications Commission (FCC),445 12th Street, SW., Washington, DC20554.


1. Licensees and applicants (includingpersons or entities with attributableinterests therein as described below);

2. Tower owners; and3. Contact persons relating to radio

systems licensed or processed by theWireless Telecommunications Bureauunder parts 13, 22, 24, 26, 27, 74, 80, 87,90, 95, 97, and 101 of the Commission’sRules (Wireless Services).


The scope of records includesapplications, licenses and pleadingsrelating to such applications, andcorrespondence relating toauthorizations, and requests forauthorizations in the Wireless Services.The current application forms willinclude the collection of TaxpayerIdentification Numbers (TINs).


47 U.S.C. 301, 303, 309, 312, 362, 364,386, 507, and 510. The use of theTaxpayer Identification Numbers (TINs)is defined by 26 U.S.C. 6109. Authorityto collect TINs under the DebtCollection Improvement Act of 1996 isfound at 31 U.S.C. 7701. Licensingdisclosure requirements, etc. are foundunder 47 CFR 1.2112 and the BiennialRegulatory Review—Amendment ofParts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90,95, 97, and 101 of the Commission’sRules to Facilitate the Development andUse of the Universal Licensing Systemin the Wireless TelecommunicationsServices, Report and Order, WT DocketNo. 98–20, FCC 98–234, 13 FCC Rcd21027 ¶¶ 132–42.

PURPOSE(S):

Records are kept to administer theFCC’s regulatory responsibilitiesincluding licensing, enforcement,rulemaking, and other actions necessaryto perform spectrum managementduties. The system will also bemaintained to provide public access topending requests for authorizations andinformation regarding current licensees.

1. License records are routinely usedto determine the availability ofspectrum for licensing.

2. The records are also used todetermine when compliance filings,renewal applications and fees are duefrom licensees.

3. FCC licensee records are used toresolve disputes between radiooperators regarding who has certainrights to use particular frequency bandsin particular geographic areas. Therecords may also be used to resolvecross border disputes e.g., disputes withentities operating in Canada andMexico.

4. Records will be used to allowlicensees to transfer or assign theirinterests in particular licenses orportions of licenses as the rules permit(after agency approval).

5. Records will be used to evaluate thecompleteness and sufficiency ofrequests for new or modifiedauthorizations.

6. Public access to license data(except TIN numbers) will promote theeconomically efficient allocation ofspectrum and the resolution of radiointerference problems.


The licensee records will be publiclyavailable and routinely used inaccordance with subsection b. of thePrivacy Act. TIN Numbers and materialwhich is afforded confidential treatmentpursuant to a request made under 47CFR § 0.459 will not be available forPublic inspection. However, these andall other records may also be disclosedfor the following purposes:

1. A Record from this system may bedisclosed where there is an indication ofa violation or potential violation of astatute, regulation or order, records fromthis system may be used to conductenforcement proceedings within theagency, or may be referred to Federal,state, or local law enforcementpersonnel responsible for investigating,prosecuting or for enforcing orimplementing the statute, regulation ororder.

2. Records may be utilized to reportto the President, NTIA and other federalagencies regarding the current uses andutilization of the spectrum that the FCCmanages.

3. A record on an individual may beused where pertinent in any legalproceeding to which the Commission isa party before a court or administrativebody.

4. A record from this system may bedisclosed to the Department of Justice orin a proceeding before a court oradjudicative body when:



(a) The United States, theCommission, a component of theCommission, or, when arising from hisemployment, an employee of theCommission is a party to litigation oranticipated litigation or has an interestin such litigation; and


5. A Record from this system may bedisclosed to debt collection contractors(31 U.S.C. 3718) or to other Federalagencies such as the Department of theTreasury (Treasury) for the purpose ofcollecting and reporting on delinquentdebts as authorized by the DebtCollection Act of 1982 or the DebtCollection Improvement Act of 1996;

6. A Record from this system may bedisclosed to Treasury; the DefenseManpower Data Center, Department ofDefense; the United States PostalService; government corporations; orany other Federal, State, or local agencyto conduct an authorized computermatching program in compliance withthe Privacy Act of 1974, as amended, toidentify and locate individuals,including Federal employees, who aredelinquent in their repayment of certaindebts owed to the U.S. Government,including those incurred under certainprograms or services administered bythe FCC, in order to collect debts undercommon law or under the provisions ofthe Debt Collection Act of 1982 or theDebt Collection Improvement Act of1996 which include by voluntaryrepayment, administrative or salaryoffset, and referral to debt collectioncontractors.

7. A Record from this system may bedisclosed to the Department of Justice,United States Attorney, Treasury, orother Federal agencies for furthercollection action on any delinquentaccount when circumstances warrant.

8. A Record from this system may bedisclosed to credit reporting agencies/credit bureaus for the purpose of eitheradding to a credit history file orobtaining a credit history file orcomparable credit information for use inthe administration of debt collection. Asauthorized by the DCIA, the FCC mayreport current (not delinquent) as wellas delinquent consumer and commercialdebt to these entities in order to aid inthe collection of debts, typically byproviding an incentive to the person torepay the debt timely. Proposedrevisions to the Federal ClaimsCollection Standards (FCCS) publishedin the Federal Register on December 31,1997, direct agencies to reportinformation on delinquent debts to theDepartment of Housing and UrbanDevelopment’s Credit Alert Interactive

Voice Response System (CAIVRS). TheFCC will report this information toCAIVRS if the proposed requirement iscontained in the final rule amending theFCCS.

9. A Record from this system may bedisclosed to any Federal agency wherethe debtor is employed or receivingsome form of remuneration for thepurpose of enabling that agency tocollect a debt owed the Federalgovernment on the FCC’s behalf. TheFCC may counsel the debtor forvoluntary repayment or may initiateadministrative or salary offsetprocedures, or other authorized debtcollection methods under the provisionsof the Debt Collection Act of 1982 or theDebt Collection Improvement Act of1996. Pursuant to the DCIA, the FCCmay garnish non-Federal wages ofcertain delinquent debtors so long asrequired due process procedures arefollowed. In these instances, the FCC’snotice to the employer will discloseonly the information that may benecessary for the employer to complywith the withholding order.

10. A Record from this system may bedisclosed to the Internal RevenueService (IRS) by computer matching toobtain the mailing address of a taxpayerfor the purpose of locating suchtaxpayer to collect or to compromise aFederal claim by the FCC against thetaxpayer pursuant to 26 U.S.C.6103(m)(2) and in accordance with 31U.S.C. 3711, 3717, and 3718 or commonlaw. Disclosure of a mailing addressobtained from the IRS may be madeonly for debt collection purposes,including to a debt collection agent tofacilitate the collection or compromiseof a Federal claim under the DebtCollection Act of 1982 or the DebtCollection Improvement Act of 1996,except that disclosure of a mailingaddress to a reporting agency is for thelimited purpose of obtaining a creditreport on the particular taxpayer. Anymailing address information obtainedfrom the IRS will not be used or sharedfor any other FCC purpose or disclosedby the FCC to another Federal, State, orlocal agency which seeks to locate thesame taxpayer for its own debtcollection purposes.

11. A Record from this system may bedisclosed to refer legally enforceabledebts to the IRS or to Treasury’s DebtManagement Services to be offsetagainst the debtor’s tax refunds underthe Federal Tax Refund Offset Program.

12. A Record from this system may bedisclosed to prepare W–2, 1099, or otherforms or electronic submittals, toforward to the IRS and applicable Stateand local governments for tax reportingpurposes. Under the provisions of the

DCIA, the FCC is permitted to provideTreasury with Form 1099–C informationon discharged debts so that Treasurymay file the form on the FCC’s behalfwith the IRS. W–2 and 1099 Formscontain information on items to beconsidered as income to an individual,including payments made to personsnot treated as employees (e.g., fees toconsultants and experts), and amountswritten-off as legally or administrativelyuncollectible, in whole or in part.

13. A Record from this system may bedisclosed to banks enrolled in theTreasury Credit Card Network to collecta payment or debt when the individualhas given his or her credit card numberfor this purpose.

14. A Record from this system may bedisclosed to another Federal agency thathas asked the FCC to effect anadministrative offset under common lawor under 31 U.S.C. 3716 to help collecta debt owed the United States.Disclosure under this routine use islimited to name, address, TIN, and otherinformation necessary to identify theindividual; information about themoney payable to or held for theindividual; and other informationconcerning the administrative offset.

15. A Record from this system may bedisclosed to Treasury or other Federalagencies with whom the FCC hasentered into an agreement establishingthe terms and conditions for debtcollection cross-servicing operations onbehalf of the FCC to satisfy, in whole orin part, debts owed to the U.S.government. Cross-servicing includesthe possible use of all debt collectiontools such as administrative offset, taxrefund offset, referral to debt collectioncontractors, and referral to theDepartment of Justice. The DCIArequires agencies to transfer to Treasuryor Treasury-designated Debt CollectionCenters for cross-servicing certainnontax debt over 180 days delinquent.Treasury has the authority to act in theFederal government’s best interest toservice, collect, compromise, suspend,or terminate collection action inaccordance with existing laws underwhich the debts arise.

16. Information on past due, legallyenforceable nontax debts more than 180days delinquent will be referred toTreasury for the purpose of locating thedebtor and/or effecting administrativeoffset against monies payable by thegovernment to the debtor, or held by thegovernment for the debtor under theDCIA’s mandatory, government-wideTreasury Offset Program (TOP). UnderTOP, Treasury maintains a database ofall qualified delinquent nontax debts,and works with agencies to match bycomputer their payments against the



delinquent debtor database in order todivert payments to pay the delinquentdebt. Treasury has the authority towaive the computer matchingrequirement for the FCC and otheragencies upon written certification thatadministrative due process noticerequirements have been complied with.

17. For debt collection purposes, theFCC may publish or otherwise publiclydisseminate information regarding theidentity of delinquent nontax debtorsand the existence of the nontax debtsunder the provisions of the DebtCollection Improvement Act of 1996.

18. A Record from this system may bedisclosed to the Department of Labor(DOL) and the Department of Health andHuman Services (HHS) to conduct anauthorized computer matching programin compliance with the Privacy Act of1974, as amended, to match the FCC’sdebtor records with the records of DOLand HHS to obtain names, namecontrols, names of employers,addresses, dates of birth, and TINs. TheDCIA requires all Federal agencies toobtain taxpayer identification numbersfrom each individual or entity doingbusiness with the agency, includingapplicants and recipients of licenses,grants, or benefit payments; contractors;and entities and individuals owingfines, fees, or penalties to the agency.The FCC will use TINs in collecting andreporting any delinquent amountsresulting from doing business withapplicants and licensees.

19. If the FCC decides or is requiredto sell a delinquent nontax debtpursuant to 31 U.S.C. 3711(i),information in this system of recordsmay be disclosed to purchasers,potential purchasers, and contractorsengaged to assist in the sale or to obtaininformation necessary for potentialpurchasers to formulate bids andinformation necessary for purchasers topursue collection remedies.

20. If the FCC has current anddelinquent collateralized nontax debtspursuant to 31 U.S.C. 3711(i)(4)a.,certain information in this system ofrecords on its portfolio of loans, notesand guarantees, and other collateralizeddebts will be reported to Congress basedon standards developed by the Office ofManagement and Budget, inconsultation with Treasury.

21. A Record from this system may bedisclosed to Treasury in order to requesta payment to individuals owed moneyby the FCC.

22. A Record from this system may bedisclosed to the National Archives andRecords Administration or to theGeneral Services Administration forrecords management inspections

conducted under 44 U.S.C. 2904 and2906.

In each of these cases the FCC willdetermine whether such use of therecords is compatible with the purposefor which the records were collected.


STORAGE:All records will be stored and

accessed electronically. Records that aresubmitted to the FCC on paper will bescanned or keyed into the computersystem as appropriate. Paper recordssubmitted to the FCC will be archivedafter being entered into ULS. Tapebackups of records will be periodicallycreated. Records of prior licensees willbe archived.

RETRIEVABILITY:A primary purpose of the system is to

provide easy access to the information.Records may be retrieved by searchingelectronically using a variety ofparameters including name, a licensee’sunique identifier, call sign, file number,etc. However, paper records whichcontain TINs will not be available forPublic Inspection.

SAFEGUARDS:1. Records (other than TINs and

materials which are affordedconfidential treatment under 47 CFR0.459) are accessible to the public.

2. Access to certain records may beavailable on the Internet. Access toother records will be available using aweb browser on the Commission widearea network.

3. The ability to enter and changeindividual records will be protected bypasswords issued to applicants andlicensees. Records will be protectedfrom unauthorized changes bypasswords and other computer securitymeasures within the agency.

4. TINs reported to the agency asrequested on appropriate forms will notbe available to the public. (The agencycannot be responsible for the disclosureof TINs by applicants in attachments toapplications or pleadings in situationswhere confidentiality is not requested.)

5. Each applicant or licensee will begiven a unique identifier generated bythe ULS after such applicant or licenseeprovides its TIN to the agency. Theseidentifiers will be used within theagency and by the public to obtaininformation on the licenses held byparticular individuals or entities. Theseidentifiers will be used in lieu oftracking by TINs so that the agency canavoid unnecessary disclosure of TINs.Within the agency, access to TINs will

be available only to those personswhose jobs require such access (e.g.,FCC staff who report debt information tothe U.S. Department of Treasury).

6. Data resident on network serversare backed-up daily to magnetic media.One week’s worth of back-up tapes isstored on-site in fireproof saves. Eachweek, the previous week’s backup tapesare sent to an off-site storage location. Amaximum of ten week’s tapes are keptand cycled in this fashion.

RETENTION AND DISPOSAL:Records will be actively maintained

as long as an individual remains alicensee. Paper records will be archivedafter being keyed or scanned into thesystem. Electronic records will bebacked up on tape. Electronic and paperrecords will be maintained for at leasteleven years.

SYSTEMS MANAGER(S) AND ADDRESS:Chief, Wireless Telecommunications

Bureau (WTB), Room 3–C122, FederalCommunications Commission (FCC),445 12th Street, SW., Washington, DC20554.


manager. In order to identify a specificrecord please indicate name, address,type of record as well as file number orcall sign where applicable.

RECORD ACCESS PROCEDURES:Information regarding procedures for

accessing records can be found at theFCC Web site at www.fcc.gov or bycalling 888–CALL–FCC.

CONTESTING RECORD PROCEDURES:Individuals wishing to request

amendment of their records shouldcontact the system manager indicatedabove. An individual requestingamendment must also follow the FCCPrivacy Act regulations regardingverification of identity and amendmentof records. See 47 CFR 0.556–0.557.




FCC/WTB–5

SYSTEM NAME:Application Review List for Present or

Former Licensees, Operators, orUnlicensed Persons Operating RadioEquipment Improperly.

SYSTEM LOCATION:Wireless Telecommunications Bureau

(WTB), Room 3–C122, Federal





1. Individuals who are or have beenlicensed under parts 13, 80, 87, 95, or97 of the Rules who have operated inviolation of the Commission’s rules orthe Communications Act of 1934, asamended.

2. Unlicensed persons who haveoperated radio transmitting equipment.

3. Persons who have had a licenserevoked or have had an applicationdismissed or denied, and are prohibitedfrom filing another application withinone year.

CATEGORIES OF RECORDS IN THE SYSTEM:Records in this system include: Name;

Address; Date of birth (if known) ofindividual; Authorization code of staffmember who placed name in the file;and Date the name was placed in thefile.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:47 U.S.C. 301, 303, 309(e), and 312.

PURPOSE(S):This system of records is used by

selected staff and field employees todetermine whether the application ofthese individuals should be granted,dismissed or set for hearing.


1. Where there is an indication of aviolation or potential violation of astatute, regulation, rule, or order,records from this system may bereferred to the appropriate Federal,state, or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, regulations or order.

2. A record from this system may bedisclosed to request information from aFederal, state, or local agencymaintaining civil, criminal, or otherrelevant enforcement information orother pertinent information, such aslicenses, if necessary to obtaininformation relevant to a Commissiondecision concerning the issuance of alicense, grant or other benefit orenforcement proceedings.






(a) The United States, theCommission, a component of theCommission, or, when arising from hisemployment, an employee of theCommission is a party to litigation oranticipated litigated or has an interest insuch litigation, and




STORAGE:

On magnetic tape and computerprintout.

RETRIEVABILITY:

Information is filed alphabetically byname of individual in a computer andis retrieved periodically throughcomputer printout.

SAFEGUARDS:

Access to computer is controlled bypassword in a secured office and theprintouts are available only to selectedstaff personnel.


The printouts are destroyed bymachine shredding or by tearing intopieces when a new list is distributed.The computer tapes are retained for fourback-up cycles, and on the fifth update,the oldest tape is destroyed. Individualnames are removed from the file whenretention is no longer appropriate. Theentire list of names is reviewedquarterly.

SYSTEM MANAGER(S) AND ADDRESS:Chief, Wireless Telecommunications

Bureau, Room 3–C122, SW., FederalCommunications Commission, 445 12thStreet, SW., Washington, DC. 20554.


manager.


manager.


manager.

RECORD SOURCE CATEGORIES:Applicants and FCC Field Engineers.


FCC/WTB–6

SYSTEM NAME:Radio Operator Records.

SYSTEM LOCATION:Wireless Telecommunications Bureau

(WTB), Federal CommunicationsCommission (FCC), 1270 Fairfield Road,Gettysburg, Pennsylvania 17325.


Individuals who have applied and/orreceived radio operator licenses.

CATEGORIES OF RECORDS IN THE SYSTEM:Applications for commercial radio

operator licenses, records of documentsissued, and correspondence.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:Geneva Radio Regulations; 47 U.S.C.

303(l), 303(m), and 318.

PURPOSE(S):1. For use in connection with the

administration of the Commission’sradio operator program includingapplications, and determinations oflicense applicant qualifications. Limitedfile materials concerning licensed radiooperators is maintained in the agency’scomputer database. The information inthe license database will be available forpublic inspection.

2. If the records indicate a possibleviolation of law, they may be referred tothe FCC’s Enforcement Bureau, Office ofGeneral Counsel, and to the appropriateagency charged with the responsibilityof investigating or prosecuting suchviolation.


1. Where there is an indication of aviolation or potential violation of a



statute, regulation, rule, or order,records from this system may bereferred to the appropriate Federal,state, or local agency responsible forinvestigating or prosecuting a violationor for enforcing or implementing thestatute, rule, regulation, or order.

2. A record from this system may bedisclosed to request information from aFederal, state, or local agencymaintaining civil, criminal, or otherrelevant enforcement information orother pertinent information, such aslicenses, if necessary to obtaininformation relevant to a Commissiondecision concerning the hiring orretention of an employee, the issuanceof a security clearance, the letting of acontract, or the issuance of a license,grant, or other benefit.




6. A record on an individual in thissystem of records may be disclosed,where pertinent, in any legal proceeding

to which the Commission is a partybefore a court or administrative body.



(b) the Commission determines thatthe disclosure is relevant or necessary tothe litigation.



STORAGE:Information is stored on microfilm

and a computer database.

RETRIEVABILITY:All records are retrievable by

applicant name.

SAFEGUARDS:The microfilm is stored in file

cabinets in offices that are secured at theclose of the business day. Access to thedatabase is secured by passwords. Dataresident on network servers are backed-up daily to magnetic media. One week’sworth of back-up tapes is stored on-sitein fireproof safes. Each week, theprevious week’s backup tapes are sent toan off-site storage location. A maximumof ten week’s tapes are kept and cycledin this fashion.


Commercial applications aredestroyed when 11 years old. BothGeneral and Restricted Permitapplications are retained for 75 years.


Chief, Database Management Division,Wireless Telecommunications Bureau,Federal Communications Commission(FCC), 1270 Fairfield Road, Gettysburg,PA 17325




This system is exempt from therequirement that the agency publish thecategories of sources of records in thissystem.


This system of records is exempt fromsubsections (c)(3), (d), (e)(1), (e)(4), (G),(H), and (I), and (f) of the Privacy Act.These provisions concern thenotification, record access, andcontesting procedures described aboveand also the publication of recordsources. The system is exempt fromthese provisions because it containsinvestigative material compiled for lawenforcement purposes as defined insection (k)(2) of the Privacy Act.

[FR Doc. 00–27037 Filed 10–20–00; 8:45 am]BILLING CODE 6712–01–U


Documents

Federal Communications Commission - gpo.gov · ... Federal Communications Commission (FCC or ... FCC/CCB–1 to new FCC/CIB–1, ‘‘Informal Complaints ... ‘‘Employee Complaint