Federal Register, Volume 74 Issue 249 (Wednesday, December 30, 2009)

[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Notices]
[Pages 69098-69100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31009]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act System of Records

AGENCY: Federal Communications Commission (FCC or Commission).

ACTION: Notice; one new Privacy Act system of records.

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SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as 
amended (5 U.S.C. 552a), the FCC proposes to add a new system of 
records, FCC/OMD-27, ``Broadband Unavailability Survey and Broadband 
Quality Test.'' The FCC's Office of Managing Director (OMD) will use 
the information contained in FCC/OMD-27 to cover the personally 
identifiable information (PII) in the Commission's new ``Public 
Registry of Broadband Availability Consumer Information'' survey and 
``Broadband Quality Test.'' This survey will determine the access of 
U.S. residents to broadband--cable and DSL, fiber and other broadband 
services. The test will provide individuals with a mechanism to measure 
the quality of their internet broadband connection. Individual street 
addresses will not be made public but aggregated data from the database 
may be made public. These data may be used to inform the National 
Broadband Plan, the National Broadband Map and other proceedings 
related to the provisioning of broadband services.

DATES: In accordance with subsections (e)(4) and (e)(11) of the Privacy 
Act, any interested person may submit written comments concerning the 
alteration of this system of records on or before January 29, 2010. The 
Office of Management and Budget (OMB), which has oversight 
responsibility under the

[[Page 69099]]

Privacy Act to review the system of records, may submit comments on or 
before February 8, 2010. The proposed system of records will become 
effective on February 8, 2010 unless the FCC receives comments that 
require a contrary determination. The Commission will publish a 
document in the Federal Register notifying the public if any changes 
are necessary. As required by 5 U.S.C. 552a(r) of the Privacy Act, the 
FCC is submitting reports on this proposed altered system to OMB and to 
both Houses of Congress.

ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst, 
Performance Evaluation and Records Management, Room 1-C216, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554, 
or via the Internet at Leslie.Smith@fcc.gov.

FOR FURTHER INFORMATION: Contact Leslie F. Smith, Performance 
Evaluation and Records Management, Room 1-C216, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554, (202) 418-0217 
or via the Internet at Leslie.Smith@fcc.gov.

SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth 
notice of the proposed new system of records maintained by the FCC. 
This notice is a summary of the more detailed information about the 
proposed new system of records, which may be viewed at the location 
given above in the ADDRESSES section. The purpose for adding this new 
system of records, FCC/OMD-27, ``Broadband Unavailability Survey and 
Broadband Quality Test,'' is to cover the personally identifiable 
information (PII) in the Commission's new ``Public Registry of 
Broadband Availability Consumer Information'' survey and ``Broadband 
Quality Test.'' This survey will determine the access of U.S. residents 
to broadband--cable and DSL, fiber, and other broadband services. The 
test will provide individuals with a mechanism to measure the quality 
of their internet broadband connection. Individual street addresses 
will not be made public, but aggregated data from the database may be 
made public. The data may also be used to inform the National Broadband 
Plan, the National Broadband Map, and other proceedings related to the 
provisioning of broadband services.
    This notice meets the requirement documenting the proposed new 
system of records that is to be added to the systems of records that 
the FCC maintains, and provides the public, Congress, and the Office of 
Management and Budget (OMB) with an opportunity to comment.
FCC/OMD-27

SYSTEM NAME:
    Broadband Unavailability Survey and Broadband Quality Test.

SECURITY CLASSIFICATION:
    The FCC's Security Operations Center (SOC) has not assigned a 
security classification to this system of records.

SYSTEM LOCATION:
    Information Technology Center (ITC), Federal Communications 
Commission (FCC), 445 12th Street, SW., Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals in this system include individuals 
who participate in the ``Public Registry of Broadband Unavailability 
Consumer Information'' survey and individuals who participate in the 
internet service ``Broadband Quality Test.''

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system include the street 
address, city, state, and zip code of each individual who selects to 
participate in the ``Public Registry of Broadband Unavailability 
Consumer Information'' survey and each individual who participates in 
the Internet service ``Broadband Quality Test.''

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Broadband Data Improvement Act of 2008, Public Law No. 110-385, 
Stat 4096 Sec.  103(c)(1); American Reinvestment and Recovery Act of 
2009 (ARRA), Public Law No. 111-5, 123 Stat 115 (2009); and 
Communications Act, 47 U.S.C. 154(i).

PURPOSES:
    The Commission uses the records in this system to conduct the 
``Public Registry of Broadband Availability Consumer Information'' 
survey to determine the access of U.S. residents to broadband--cable 
and DSL, fiber, and other broadband services and to provide individuals 
with a ``Broadband Quality Test'' to measure their quality of their 
internet broadband connection. Individual street addresses will not be 
made public but aggregated data from the database may be made public. 
These data may be used to inform the National Broadband Plan, the 
National Broadband Map and other proceedings related to the 
provisioning of broadband services.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Information about individuals in this system of records may 
routinely be disclosed under the following conditions:
    1. Where there is an indication of a violation or potential 
violation of a statute, regulation, rule, or order, records from this 
system may be referred to the appropriate Federal, state, or local 
agency responsible for investigating or prosecuting a violation or for 
implementing or enforcing the statute, rule, regulation, or order.
    2. A record on an individual in this system of records may be 
disclosed, where pertinent, in any legal proceeding to which the 
Commission is a party before a court or administrative body.
    3. A record from this system of records may be disclosed to the 
Department of Justice or in a proceeding before a court or adjudicative 
body when:
    (a) the United States, the Commission, a component of the 
Commission, or, when represented by the government, an employee of the 
Commission is a party to litigation or anticipated litigation or has an 
interest in such litigation, and
    (b) The Commission determines that the disclosure is relevant or 
necessary to the litigation.
    4. A record on an individual in this system of records may be 
disclosed to a Congressional office in response to an inquiry the 
individual has made to the Congressional office.
    5. A record from this system of records may be disclosed to GSA and 
NARA for the purpose of records management inspections conducted under 
authority of 44 U.S.C. 2904 and 2906. Such disclosure shall not be used 
to make a determination about individuals.
    6. A record from this system may be disclosed to appropriate 
agencies, entities, and persons when (1) The Commission suspects or has 
confirmed that the security or confidentiality of information in the 
system of records has been compromised; (2) the Commission has 
determined that as a result of the suspected or confirmed compromise 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of this system or 
other systems or programs (whether maintained by the Commission or 
another agency or entity) that rely upon the compromised information; 
and (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the Commission's

[[Page 69100]]

efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm.
    7. The information collected through the voluntary Registry and 
speed tests, with the exception of any personally identifiable 
information, may be shared with public-private partnerships and with 
the Telecommunications Program of the United States Department of 
Agriculture (USDA) Rural Development Agency. This sharing regime is 
described in the Commission's Broadband Data Order of 2008 (FCC 08-89).
    In each of these cases, the FCC will determine whether disclosure 
of the records is compatible with the purpose for which the records 
were collected.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The information includes the electronic data and records that are 
stored in the FCC's computer network databases.

RETRIEVABILITY:
    Information in this system may be retrieved by the responses to the 
broadband internet access questions: (1) Broadband access (yes/no); (2) 
broadband service availability (check boxes for types of broadband 
services available at an individual's home); and (3) the individual's 
home address: street address, city, state, and zip code. Furthermore, 
the information may be retreived and/or aggregated based upon other 
Broadband Quality Test variables, such as broadband speed, latency, 
jitter, and packet loss, among other broadband quality variables.

SAFEGUARDS:
    Access to the information in the Public Registry of Broadband 
Unavailability, which is housed in the FCC's computer network 
databases, is restricted to authorized OMD supervisory and staff in the 
Planning and Support Group of ITC and other ITC staff and contractors 
who maintain these computer databases. Other employees and contractors 
may be granted access on a ``need-to-know'' basis. The FCC's computer 
network databases are protected by the FCC's security protocols, which 
include controlled access, passwords, and other security features. 
Information resident on the database servers is backed-up routinely 
onto magnetic media. Back-up tapes are stored on-site and at a secured 
location.

RETENTION AND DISPOSAL:
    The information in this system is limited to electronic files, 
records, and data, which pertains to the Public Registry of Broadband 
Unavailability, which includes:
    (1) the information obtained from individuals who participated in 
the Consumer Information survey; and
    (2) the information obtained from individuals who participated in 
the Speed Test.
    Until the National Archives and Records Administration (NARA) 
approves the retention and disposal schedule, these records will be 
treated as permanent.

SYSTEM MANAGER(S) AND ADDRESS(ES):
    Address inquiries to the Information Technology Center (ITC), 
Office of Managing Director (OMD), Federal Communications Commission 
(FCC), 445 12th Street, SW., Washington, DC 20554.

NOTIFICATION PROCEDURE:
    Address inquiries to the Information Technology Center (ITC), 
Office of Managing Director (OMD), Federal Communications Commission 
(FCC), 445 12th Street, SW., Washington, DC 20554.

RECORD ACCESS PROCEDURES:
    Address inquiries to the Information Technology Center (ITC), 
Office of Managing Director (OMD), Federal Communications Commission 
(FCC), 445 12th Street, SW., Washington, DC 20554.

CONTESTING RECORD PROCEDURES:
    Address inquiries to the Information Technology Center (ITC), 
Office of Managing Director (OMD), Federal Communications Commission 
(FCC), 445 12th Street, SW., Washington, DC 20554.

RECORD SOURCE CATEGORIES:
    The sources for the information in this system are the survey 
respondents.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Federal Communications Commission.

Marlene H. Dortch,
Secretary.
[FR Doc. E9-31009 Filed 12-29-09; 8:45 am]
BILLING CODE 6712-01-P