[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Notices]
[Pages 17738-17741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7988]
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FEDERAL COMMUNICATIONS COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications Commission (FCC or Commission).
ACTION: Notice; one altered Privacy Act system of records; revision of
one routine use; and addition of one new routine use.
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SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as
amended (Privacy Act), 5 U.S.C. 552a, the FCC proposes to change the
name of and alter one system of records, FCC/OSP-1, ``Broadband Dead
Zone Report and Consumer Broadband Test'' (formerly FCC/OMD-27,
``Broadband Unavailability Survey and Broadband Quality Test''). The
altered system of records incorporates a change to the system's name.
The FCC will also alter the system's location; the categories of
individuals; the categories of records; the purposes for which the
information is maintained; one routine use (and add a new routine use);
the retrievability, access, safeguards, and retention and disposal
procedures; the system manager and address; the record source
categories; and make other edits and revisions as necessary to update
the information and to comply with the requirements of the Privacy Act.
DATES: In accordance with 5 U.S.C. 552a(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 May 7,
2010. Pursuant to Appendix I, 4(e) of OMB Circular A-130, the FCC is
asking the Administrator, Office of Information and Regulatory Affairs
(OIRA), Office of Management and Budget (OMB), which has oversight
responsibility under the Privacy Act to review system of records
notices (SORN), to grant a waiver of the 40 day review period by OMB
and Congress for this system of records. The FCC is requesting this
waiver to permit the sharing of the information in this system with the
National Telecommunications and Information Administration (NTIA) and
the NTIA State Designated Entities for the 56 State Broadband Data and
Development Grant Programs in order to save resources, time, avoid
duplication, synthesize methodology, and gather accurate availability
information. The proposed altered system of records will become
effective on May 7, 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 Congress.
ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst,
Performance Evaluation and Records Management (PERM), Federal
Communications Commission (FCC), 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 (PERM), Federal Communications
Commission (FCC), 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 alteration of one system of records maintained
by the FCC, revision of one routine use, and addition of one new
routine use. The FCC previously gave complete notice of the system of
records (FCC/OMD-27, ``Broadband Unavailability Survey and Broadband
Quality Test'') covered under this Notice by publication in the Federal
Register on December 30, 2009 (74 FR 69098). This notice is a summary
of the more detailed information about the proposed altered system of
records, which may be viewed at the location given above in the
``ADDRESSES'' section. The purposes for altering FCC/OSP-1, ``Broadband
Dead Zone Report and Consumer Broadband Test'' are to change the name
of the system; to change the system location; to revise the categories
of individuals; to revise the categories of records; to revise the
purposes for which the information is maintained; to revise one routine
use
[[Page 17739]]
and add a new routine use; to revise the retrievability, access,
safeguards, and retention and disposal procedures; to change the system
manager and address; to change the record source categories; and to
make other edits and revisions as necessary to update the information
and to comply with the Privacy Act.
The FCC will achieve these purposes by altering this system of
records with these changes:
Revision of the title of this system, for clarity and to note that
this system has been moved from the Office of Managing Director (OMD)
to the Office of Strategic Planning (OSP);
Revision of the language in the system location, for clarity and to
note that that this system has been moved from the Office of Managing
Director (OMD) to the Office of Strategic Planning (OSP);
Revision of the language regarding the categories of individuals in
the system, for clarity and to add that the categories of individuals
include individuals who participate in the Broadband Dead Zone Report
voluntary survey and individuals who participate in the voluntary
Consumer Broadband Test.
Revision of the language regarding the categories of records in the
system, for clarity and to add that the categories of records include
the street address, city, state, and zip code of each individual who
selects to participate in the Broadband Dead Zone Report survey and
each individual who participates in the Internet service Consumer
Broadband Test; and that (A)dditionally the Consumer Broadband Test
also collects the ``Internet Protocol (IP) address'' for each user who
selects to participate;
Revision of the language regarding the purposes for which the
information is maintained, for clarity and to add that the Commission
uses the records in this system collected from the Broadband Dead Zone
Report and the Consumer Broadband Test to determine the access of US
residents to broadband--cable, and DSL, fiber, mobile wireless, and
other broadband services, and to gather data on the quality of the
broadband services being provided; that (T)he Consumer Broadband Test
permits users to measure the quality of their fixed or mobile Internet
broadband connection; that (I)ndividual street addresses and IP
addresses will not be made public by the FCC, but aggregated or
anonymized data from the database may be made public; that
(A)dditionally, IP address may be shared with FCC software partners as
part of the Consumer Broadband Test application; that (T)hese partners
may publish the IP address and broadband performance data to the public
(but the IP address will not be associated with a street address); and
that (t)hese data may be used to inform implementation of the National
Broadband Plan, the National Broadband Map and other proceedings
related to the provisioning of broadband services;
Revision of Routine Use (7) to incorporate the change in the title
of this system, Broadband Dead Zone Report and Consumer Broadband Test
in this routine use.
Routine Use (7) allows that disclosure of the information collected
through the Broadband Dead Zone Report and Consumer Broadband Test,
with the exception of any personally identifiable information (PII),
may be shared with public-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).
Addition of a new Routine Use (8) to allow information collected
through the Broadband Dead Zone Report and the Consumer Broadband Test,
including the personally identifiable information (PII), to be shared
with the National Telecommunications and Information Administration
(NTIA) and the 56 State Designated Entities for the State Broadband
Data & Development Grant Program:
Routine Use (8) allows that disclosure of the information collected
through the Broadband Dead Zone Report and Consumer Broadband Test,
including the personally identifiable information (PII), may be shared
with the National Telecommunications and Information Administration
(NTIA) and the 56 State Designated Entities for the State Broadband
Data & Development Grant Program, who are tasked with gathering
broadband availability information that will be delivered to the FCC
and NTIA for compilation into the National Broadband Map. Any PII
shared with these entities will be disclosed under the rules of the
agreement between NTIA and the state grantees governing the protection
of sensitive, protected, or classified data collected pursuant to the
grant program. The NTIA and the state grantees will not make any PII
publicly available.
Revision of the language regarding the policies and practices for
retrieving the records in this system, for clarity and to add a fourth
response to the broadband Internet access question: (4) the
individual's IP address; and to incorporate the change in the system's
title so that (f)urthermore, the information may be retrieved and/or
aggregated based upon other Consumer Broadband Test variables, such as
broadband speed, latency, jitter, and packet loss, among other
broadband quality variables;
Revision of the language regarding the policies and practices for
accessing and safeguarding the records in this system, for clarity and
to incorporate the change in the system's title to the Broadband Dead
Zone Report or Consumer Broadband Test's database; and to add that
(a)ccess to the information housed in the Dead Zone Report or the
Consumer Broadband Test database, which is housed in the FCC's computer
network databases, is restricted to authorized supervisors and staff in
the Office of Strategic Planning (OSP) and the Information Technology
Center's (ITC) Planning and Support Group, who maintain these computer
databases. Additionally, staff of the National Broadband Map may be
granted access to this data.
Revision of the language regarding the policies and practices for
the retention and disposal of the records in this system, for clarity
and to incorporate the change in the system's title thus, the
information in the system is limited to electronic files, records, and
data, which pertains to the Broadband Dead Zone Report, which includes:
(1) The information obtained from individuals who participated in the
Consumer Broadband Test;
Revision of the language regarding the system manager and address,
notification, record access, and contesting record procedures, to
incorporate the change in the system manager from the Office of
Managing Director (OMD) to the Office of Strategic Planning (OSP); and
that it is OSP to whom inquiries, notification procedures, record
access procedures, and contesting records procedures should be
addressed; and
Revision of the language regarding the record source categories,
for clarity and to incorporate the change in the system's name, and
that the sources for the information in this system are the Broadband
Dead Zone Report survey respondents and the Consumer Broadband Test
participants.
The Commission will use the records in FCC/OSP-1, ``Broadband Dead
Zone Report and Consumer Broadband Test,'' which are collected from the
Broadband Dead Zone Report and the Consumer Broadband Test to determine
the access of US residents to broadband--cable, and DSL, fiber, mobile
wireless, and other broadband services, and to gather data on the
quality of the broadband services being provided. The Consumer
Broadband Test permits users to
[[Page 17740]]
measure the quality of their fixed or mobile Internet broadband
connection. Individual street addresses will not be made public, but
aggregated or anonymized data from the database may be made public.
These data may be used to inform implementation of the National
Broadband Plan, the National Broadband Map and other proceedings
related to the provisioning of broadband services.
This notice meets the requirement of documenting the changes to
this system of records that the FCC maintains, and provides the public,
OMB, and Congress an opportunity to comment.
FCC/OSP-1
SYSTEM NAME:
Broadband Dead Zone Report and Consumer Broadband Test.
SECURITY CLASSIFICATION:
The FCC's Security Operations Center (SOC) has not assigned a
security classification to this system of records.
SYSTEM LOCATION:
Office of Strategic Planning (OSP), 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 Broadband Dead Zone Report voluntary survey and
individuals who participate in voluntary Consumer Broadband Test.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include the street
address, city, state, zip code, and the Internet Protocol (IP) address
of each individual who selects to participate in the Broadband Dead
Zone Report survey and each individual who participates in the Internet
service Consumer Broadband Test. Additionally, the Consumer Broadband
Test also collects the ``Internet Protocol (IP) address'' of each user
who selects to participate.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Broadband Data Improvement Act of 2008, Public Law 110-385, Stat
4096 section 103(c)(1); American Reinvestment and Recovery Act of 2009
(ARRA), Pub. L. 111-5, 123 Stat 115 (2009); and Communications Act, 47
U.S.C. 154(i).
PURPOSES:
The Commission uses the records in this system collected from the
Broadband Dead Zone Report and the Consumer Broadband Test to determine
the access of U.S. residents to broadband--cable, and DSL, fiber,
mobile wireless, and other broadband services, and to gather data on
the quality of the broadband services being provided. The Consumer
Broadband Test permits users to measure the quality of their fixed or
mobile Internet broadband connection. Individual street addresses and
IP addresses will not be made public by the FCC, but aggregated or
anonymized data from the database may be made public. Additionally, IP
addresses may be shared with FCC software partners as part of the
Consumer Broadband Test application. These partners may publish the IP
address and broadband performance data to the public (but the IP
address will not be associated with a street address). These data may
be used to inform implementation of 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 General
Services Administration (GSA) and the National Archives and Records
Administration (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
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm.
7. The information collected through the Broadband Dead Zone Report
and Consumer Broadband Test, with the exception of any personally
identifiable information (PII), 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).
8. The information collected through the Broadband Dead Zone Report
and Consumer Broadband Test, including the personally identifiable
information (PII), may be shared with the National Telecommunications
and Information Administration (NTIA) and the 56 State Designated
Entities for the State Broadband Data & Development Grant Program, who
are tasked with gathering broadband availability information that will
be delivered to the FCC and NTIA for compilation into the National
Broadband Map. Any PII shared with these entities will be disclosed
under the rules of the agreement between NTIA and the state grantees
governing the protection of sensitive, protected, or classified data
collected pursuant to the grant program. The NTIA and the state
grantees will not make any PII publicly available.
In each of these cases, the FCC will determine whether disclosure
of the
[[Page 17741]]
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 the Broadband Dead Zone Report and Consumer
Broadband Test 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); (3) the individual's home
address: Street address, city, state, and zip code; and (4) the
individual's IP address. Furthermore, the information may be retreived
and/or aggregated based upon other Consumer Broadband Test variables,
such as broadband speed, latency, jitter, and packet loss, among other
broadband quality variables.
SAFEGUARDS:
Access to the information in the Broadband Dead Zone Report or the
Consumer Broadband Test database, which is housed in the FCC's computer
network databases, is restricted to authorized supervisors and staff in
the Office of Strategic Planning (OSP) and the Information Technology
Center's (ITC) Planning and Support Group, who maintain these computer
databases. Additionally, staff of the National Broadband Map may be
granted access to this data. Other FCC 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, off-site
location.
RETENTION AND DISPOSAL:
The information in this system is limited to electronic files,
records, and data, which pertains to the Dead Zone Report, 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 Consumer Broadband 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 Office of Strategic Planning (OSP),
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the Office of Strategic Planning (OSP),
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
RECORD ACCESS PROCEDURES:
Address inquiries to the Office of Strategic Planning (OSP),
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
CONTESTING RECORD PROCEDURES:
Address inquiries to the Office of Strategic Planning (OSP),
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
RECORD SOURCE CATEGORIES:
The sources for the information in this system are the Broadband
Dead Zone Report survey respondents and Consumer Broadband Test
participants.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010-7988 Filed 4-6-10; 8:45 am]
BILLING CODE 6712-01-P