Privacy Act of 1974; System of Records
| Published date | 11 October 2019 |
| Citation | 84 FR 54900 |
| Record Number | 2019-22258 |
| Section | Notices |
| Court | Federal Communications Commission |
Federal Register, Volume 84 Issue 198 (Friday, October 11, 2019)
[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Notices]
[Pages 54900-54902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22258]
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FEDERAL COMMUNICATIONS COMMISSION
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a New System of Records.
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SUMMARY: The Federal Communications Commission (FCC or Commission or
Agency) proposes to add a new system of records, FCC/WCB-2, Toll Free
Number Auction System, to its inventory of records systems subject to
the Privacy Act of 1974, as amended. This action is necessary to meet
the requirements of the Privacy Act to publish in the Federal Register
notice of the existence and character of records maintained by the
Agency. As its initial undertaking, the system will collect and process
the bidder information necessary to administer the auction of
approximately 17,000 numbers in the 833 toll free code (``833
Auction''). The FCC has established Somos, Inc., the Toll Free
Numbering Administrator (``Somos''), as the auctioneer of the 833
Auction.
DATES: This system of records will become effective on October 11,
2019. Written comments on the system's routine uses are due by November
12, 2019. The routine uses will become effective on November 12, 2019,
unless written comments are received that require a contrary
determination.
ADDRESSES: Send comments to Leslie F. Smith, Privacy Manager,
Information Technology (IT), Room 1-C216, Federal Communications
Commission, 445 12th Street SW, Washington, DC 20554, or to
[email protected].
FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, (202) 418-0217, or
[email protected] (and to obtain a copy of the Narrative Statement
that includes details of this proposed new system of records).
SUPPLEMENTARY INFORMATION: In an order it released on September 27,
2018, the Commission established a framework for the auctioning of
certain numbers in the recently-opened 833 toll free code and appointed
Somos as the auctioneer of these numbers. Toll Free Assignment
Modernization, Toll Free Access Codes, WC Docket No. 17-192, CC Docket
No. 95-155, Report and Order, 33 FCC Rcd 9274 (2018). This auction is
an experiment in the use of competitive bidding to assign toll free
numbers, and is the first time the FCC will allocate toll free
telephone numbers via an auction process. In order to make sure that
the 833 Auction is conducted in a fair and transparent manner, parties
interested in participating in the auction (which may include
``individuals'' as that term is defined in the Privacy Act) will be
required to disclose certain information and make certain
certifications during an application process. This information will be
used to determine the parties' eligibility to participate in the
auction and to administer the 833 Auction, including the awarding of
numbers to winning bidders. In addition, this system will also include
information about parties that subsequently purchase auctioned numbers
in the secondary market. This system of records includes both the 833
Auction and possible future auctions of telephone numbers that may be
conducted in a similar manner.
SYSTEM NAME AND NUMBER:
FCC/WCB-2, Toll Free Number Auction System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION(S):
Federal Communications Commission (FCC), 445 12th Street SW,
Washington, DC 20554; for the 833 Auction described in the
``Supplementary Information'' section above, the system will be located
at Somos Corporation, 2411 Dulles Corner Park, Suite 250, Herndon, VA
20171.
SYSTEM MANAGER(S):
Wireline Communication Bureau (WCB), Federal Communications
Commission (FCC), 445 12th Street SW, Washington, DC 20554;
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 251(e) of the Communications Act of 1934, as amended, gives
the FCC authority to create or designate impartial entities to
administer telecommunications numbering and to make such numbers
available on an equitable basis. 47 U.S.C. 251(e). Pursuant to this
authority, the Commission has issued rules on the administration of
toll free numbering. 47 CFR 52.101-111. These rules allow the
Commission to assign toll free numbers using a variety of methods,
including competitive bidding. 47 CFR 52.111.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to assign toll free numbers in a
market-based and equitable manner. It flows from and is consistent with
the FCC's statutory responsibility to administer telecommunications
numbering. In order to carry out this purpose, the FCC-designated
auctioneer will collect information from parties that are interested in
bidding for toll free numbers, will take steps to verify the parties'
identities, and will determine whether the parties are eligible to
participate in auctions such as the 833 Auction. Interested parties
will also be required to certify that they will follow the rules that
the FCC has established to ensure a fair and transparent auction
process. The auctioneer will then use the information to conduct the
auction and collect payments from winning bidders. In addition, this
system will also include information about parties that subsequently
purchase auctioned numbers in the secondary market.
CATEGORIES OF INDIVDUALS COVERED BY THE SYSTEM:
The categories of individuals in this system include, but are not
limited to, individuals who have registered for an auction
identification number, filled out an auction application form, and
actually participated in toll free number auctions such as the 833
Auction. It may also include individuals who purchase auctioned numbers
in the secondary market.
[[Page 54901]]
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include, but are not
limited to, names, physical address, email address, telephone number,
and an assigned unique identifying number for each auction applicant
and for individuals who purchase auctioned numbers in the secondary
market.
RECORD SOURCE CATEGORIES:
The sources for the majority of information in this system of
records are the individual applicants interested in participating in
toll free number auctions such as the 833 Auction. In order to ensure
that the auction operates in a fair manner, the auctioneer may use a
commercial identity verification service to verify the identity of
individuals when they initially register for the auctions.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. Public Access--In accordance with auction rules published by the
Commission, the identities of auction applicants may be disclosed prior
to auctions such as the 833 Auction. Additional information related to
the numbers on which auction participants bid and the amount of such
bids may be released after the auction has concluded.
2. Third-Party Identity Verification Service--To a third-party
commercial identity verification service when individuals attempt to
register for toll free number auctions such as the 833 Auction, in
order to determine that the registrant is a real person.
3. Adjudication and Litigation--To disclose information to the
Department of Justice (DOJ), or to a court or adjudicative body before
which the FCC is authorized to appear, when: (a) The FCC or any
component thereof; or (b) any employee of the FCC in his or her
official capacity; or (c) any employee of the FCC in his or her
individual capacity where the DOJ or the FCC have agreed to represent
the employee; or (d) the United States is a party to litigation or have
an interest in such litigation, and the use of such records by the DOJ
or the FCC is deemed by the FCC to be relevant and necessary to the
litigation.
4. Law Enforcement and Investigation--To disclose pertinent
information to the appropriate Federal, State, or local agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation or order, where the FCC becomes aware of an
indication of a violation or potential violation of civil or criminal
law or regulation.
5. Congressional Inquiries--To provide information to a
Congressional office from the record of an individual in response to an
inquiry from that Congressional office made at the written request of
that individual.
6. Government-wide Program Management and Oversight--To disclose
information to the National Archives and Records Administration (NARA)
for use in its records management inspections; to the Government
Accountability Office (GAO) for oversight purposes; to the Department
of Justice (DOJ) to obtain that department's advice regarding
disclosure obligations under the Freedom of Information Act (FOIA); or
to the Office of Management and Budget (OMB) to obtain that office's
advice regarding obligations under the Privacy Act.
7. Breach Notification--To appropriate agencies, entities, and
persons when: (a) The Commission suspects or has confirmed that there
has been a breach of the system of records; (b) the Commission has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, the Commission (including its
information systems, programs, and operations), the Federal Government,
or national security; and (c) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with the Commission's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
8. Assistance to Federal Agencies and Entities--To another Federal
agency or Federal entity, when the Commission determines that
information from this system is reasonably necessary to assist the
recipient agency or entity in: (a) Responding to a suspected or
confirmed breach or (b) preventing, minimizing, or remedying the risk
of harm to individuals, the recipient agency or entity (including its
information systems, program, and operations), the Federal Government,
or national security, resulting from a suspected or confirmed breach.
9. FCC/Auctioneer Program Management--To FCC and auctioneer
employees to conduct official duties associated with the management and
operation of toll free number auctions such as the 833 Auction, as
directed by the Commission.
10. Third Party Contractors--To an employee of a third-party
contractor or subcontractor engaged by the FCC or the auctioneer to,
among other things, develop and test the web-based auction application,
store and process bidder registration and application information in a
cloud-based computing environment, and operate the actual auction
process.
11. Audits and Investigations--To auditors or other investigative
personnel hired by the FCC or the auctioneer to examine, among other
topics, (1) the performance of the auctioneer in toll free number
auctions such as the 833 Auction, and (2) the efficiency and integrity
of toll free number auctions such as the 833 Auction.
REPORTING TO A CONSUMER REPORTING AGENCY:
In addition to the routine uses listed above, the Commission may
share information from this system of records with a consumer reporting
agency regarding an individual who has not paid a valid and overdue
financial debt owed to the Commission, following the procedures set out
in the Debt Collection Act, 31 U.S.C. 3701(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Information in this system of records will include primarily
electronic records, files, and documents pertaining to toll free number
auctions such as the 833 Auction. The FCC, the auctioneer, and their
contractors and subcontractors, as applicable, will jointly manage the
electronic data.
A limited number of paper records, files, and documents will be
maintained for various, short-term uses, as necessary. These documents
will be stored in file cabinets in FCC offices and at the offices of
the auctioneer and their contractors or subcontractors. The information
in the paper formats will be secured in file cabinets and other storage
facilities are locked when not in use and/or at the end of the business
day. These paper documents are destroyed by shredding when no longer
needed. Records are maintained in secure, limited access areas.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in this system can be retrieved by various identifiers,
including, but not limited to, the individual applicant's name,
physical address, email address, telephone number, or auction
identification number.
[[Page 54902]]
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The FCC is developing a records retention and disposal schedule for
these records that will be submitted to the National Archives and
Records Administration (NARA) for review and approval. No records will
be destroyed until NARA has approved this new records schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic data, records, and files will be stored within the
auctioneer's accreditation boundaries. The FCC will oversee the
auctioneer's management of this system. Access to the electronic files
is restricted to the FCC staff and its contractors and subcontractors,
and to the employees of the auctioneer and its contractors and
subcontractors, who carry out the auction activities. Other FCC
employees, auctioneer employees, contractors and subcontractors may be
granted access only on a need-to-know basis. The data are protected by
the auctioneer's security safeguards, a comprehensive and dynamic set
of information technology (IT) safety and security protocols and
features that are designed to meet all Federal IT standards, including,
but not limited to, those required by the Federal Information Security
Modernization Act of 2014 (FISMA), the Office of Management and Budget
(OMB), and the National Institute of Standards and Technology (NIST).
The electronic files and records are destroyed by electronic erasure or
destruction, as applicable, when no longer needed.
Employees of the FCC and of the auctioneer may print paper copies
of these electronic records for various, short-term uses, as necessary.
These paper document copies are stored in locked file cabinets when not
in use. Physical entry by unauthorized persons where this information
is stored is restricted through use of locks, passwords, and other
security measures. Only authorized FCC and auctioneer employees may
have access to these documents. These paper documents are destroyed by
shredding when no longer needed.
RECORDS ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedure
below.
CONTESTING RECORDS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about them should follow the Notification Procedure below.
NOTIFICATION PROCEDURES:
Individuals wishing to determine whether this system of records
contains information about them may do so by writing to Leslie F.
Smith, Privacy Manager, Information Technology, Federal Communications
Commission, 445 12th Street SW, Washington, DC 20554, or email
[email protected].
Individuals must furnish reasonable identification by showing any
two of the following: Social security card; passport; driver's license;
employee identification card; Medicare card; birth certificate; bank
credit card; and/or other positive means of identification, or by
signing an identity statement stipulating that knowingly or willfully
seeking or obtaining access to records about another person under false
pretenses is punishable by a fine of up to $5,000.
Individuals requesting access must also comply with the FCC's
Privacy Act regulations regarding verification of identity and access
to records (47 CFR part 0, subpart E).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This is a new system of records.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019-22258 Filed 10-10-19; 8:45 am]
BILLING CODE 6712-01-P
