[Federal Register Volume 80, Number 26 (Monday, February 9, 2015)]
[Notices]
[Pages 6963-6967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02530]
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FEDERAL COMMUNICATIONS COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice; one new Privacy Act 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/CGB-4, ``Internet-
based Telecommunications Relay Service-User Registration Database
(ITRS-URD) Program.'' The FCC's Consumer and Governmental Affairs
Bureau (CGB) will use the information contained in the ITRS-URD
Program's system of records to cover the personally identifiable
information (PII) that is collected, used, stored, and maintained as
part of the management, operations, and functions of the ITRS-URD's
Program's database(s). The ITRS-URD Program, which is administered
under contract with the FCC, is a database registration system that
provides a necessary interface for multiple services, which include,
but are not limited to Internet-based Telecommunications Relay Services
(ITRS) such as VRS,\1\ IP Relay,\2\ and IPCTS,\3\ for individuals who
are deaf, deaf-blind, hard of hearing, and/or have speech disabilities,
and who are eligible under the Americans with Disabilities Act (ADA)
and who have registered to subscribe to/participate in the ITRS-URD
Program's services. These various forms of Telecommunications Relay
Services (TRS) allow persons who are deaf, deaf-blind, hard of hearing,
and/or have a speech disability to engage in communication by wire or
radio with one or more individuals, in a manner that is functionally
equivalent to the ability of a hearing individual who does not have a
speech disability to communicate using voice communication services by
wire or radio.
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\1\ Video Relay Service (VRS).
\2\ Internet Protocol Relay Service (IP Relay).
\3\ Internet Protocol Captioned Telephone Service (IPCTS).
DATES: Submit written comments concerning this new system of records on
or before March 11, 2015. 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 the system
of records, and Congress may submit comments on or before March 23,
2015. The proposed new system of records will become effective on March
23, 2015 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
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on this proposed new system to OMB and Congress.
ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst,
Information Technology (IT), Room 1-C216, Federal Communications
Commission (FCC), 445 12th Street SW., Washington, DC 20554, or via the
Internet at [email protected].
FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, Information
Technology (IT), Room 1-C216, Federal Communications Commission (FCC),
445 12th Street SW., Washington, DC 20554, (202) 418-0217, or via the
Internet at [email protected].
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 obtained or viewed
pursuant to the contact and location information given above in the
ADDRESSES section. The purpose for establishing this new system of
records, FCC/CGB-4, ``ITRS-URD,'' is to cover the PII of individuals in
the ITRS-URD Program's database(s) who are eligible to register to
subscribe to/participate in the ITRS-URD Program's services. The ITRS-
URD Program, which is administered under contract with the FCC, is a
database registration system that provides a necessary interface for
multiple services, including, but not limited to ITRS, individuals who
are deaf, deaf-blind, hard of hearing, and/or have speech disabilities
and who are eligible under the ADA. These various Telecommunications
Relay Services allow people with hearing or speech disabilities (or who
are deaf-blind) to place and receive calls.
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, OMB, and Congress with an
opportunity to comment.
FCC/CGB-4
SYSTEM NAME:
Internet-based Telecommunications Relay Service-User Registration
Database (ITRS-URD) Program.
SECURITY CLASSIFICATION:
The FCC's CIO team will provide a security classification to this
system based on NIST FIPS-199 standards.
SYSTEM LOCATION(S):
TRS Program Administrator; and TRS Fund Program Coordinator, Office
of Managing Director (OMD), Federal Communications Commission (FCC),
445 12th Street SW., Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals for which the ITRS-URD Program's
services are provided include individuals who are deaf, deaf-blind,
hard of hearing, and/or have speech disabilities, and who are eligible
under the ADA, to register to participate in/subscribe to one or more
of the ITRS-URD Program's multiple services; are registered and
currently receiving ITRS-URD Program's services; and/or are minors
whose status makes them eligible for a parent or guardian to register
them to participate in/subscribe to the ITRS-URD Program's services.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the ITRS-URD Program's services
include, but are not limited to: the individual's full name (first,
middle, and last names), parent or guardian's name of the registered
subscriber who is a minor, full residential address, date of birth,
last four digits of social security number (SSN) (or alternative proof
of identification for those who do not have a social security number),
ten digit telephone number(s) assigned in the TRS number directory and
associated uniform resource identifier (URI) information, user's
registered location information for emergency calling purposes,
eligibility certification (digital copy) for ITRS-URD Program's
service(s) and date obtained from provider, VRS provider and ITRS-URD
Program's initiation date and
[[Page 6964]]
termination date, ITRS-URD Program support received per month, date of
the provision of ITRS-URD Program support (if applicable), ITRS-URD
Program user password, and date on which user last placed a point-to-
point or relay call, call detail records registry for all forms of
ITRS-URD Program's services, including CDRs \4\ supporting requests for
reimbursement of VRS, IPCTS, and IP Relay service, monitoring and
reporting information on data abnormalities, errors, and potential
sources of fraud.
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\4\ Call data records (CDR).
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 141-154, 225, 255, 303(r), 616, and 620; 47 CFR parts 64,
Subpart F, Telecommunications Relay Services and Related Customer
Premises Equipment for Persons With Disabilities (VRS Reform Order).
PURPOSE(S):
The ITRS-URD Program, which is administered under contract with the
FCC, is a database registration system that provides a necessary
interface for multiple services, which include, but are not limited to
VRS, IP Relay, and IPCTS, for individuals who are deaf, deaf-blind,
hard of hearing, and/or have speech disabilities, and who are eligible
under the ADA to register to participate in/subscribe to one or more of
the ITRS-URD Program's multiple services; are registered and currently
receiving ITRS-URD Program services; and/or are minors whose status
makes them eligible for a parent or guardian to register them to
participate in/subscribe to the ITRS-URD Program's services. The ITRS-
URD Program system of records will cover the PII that is collected,
used, stored, and maintained in this ITRS-URD Program's database(s),
which is operated by the ITRS-URD Program's administrator on behalf of
the FCC. This PII includes:
1. The information that is used to determine whether an individual
who is applying for the ITRS-URD Program's services is eligible to
register to participate in/subscribe to the ITRS-URD Program's
services.
2. The information that the ITRS-URD Program's administrator uses
to determine whether information with respect to its registered users
already in the ITRS-URD Program's database(s) is correct and complete.
These ITRS-URD Program's VRS providers must furnish the ITRS-URD
Program's administrator with a subscriber list containing PII that
includes the individual's full name (first, middle, and last names),
parent or guardian's name of the registered subscriber who is a minor,
full residential address, date of birth, last four digits of social
security number (or alternative proof of identification for those who
do not have a social security number), ten digit telephone number(s)
assigned in the TRS number directory and associated URI information,
user's registered location information for emergency calling purposes,
eligibility certification (digital copy) for ITRS-URD Program's
service(s) and date obtained from provider, VRS provider and ITRS-URD
Program's initiation date and termination date, ITRS-URD Program
support received per month, date of the provision of ITRS-URD Program
support (if applicable), ITRS-URD Program user password, and date on
which user last placed a point-to-point or relay call, call detail
records registry for all forms of ITRS-URD Program's services,
including CDRs supporting requests for reimbursement of VRS, IPCTS, and
IP Relay service, monitoring and reporting information on data
abnormalities, errors, and potential sources of fraud subscriber;
3. The information that the ITRS-URD Program's administrator will
use to implement a system for automated validation of the registration
information that has been submitted and ensure that the authorized VRS
providers are unable to register individuals who do not pass the
identification verification check conducted through the ITRS-URD
Program. The ITRS-URD Program's Third Party contractor and
subcontractors will establish the verification protocol to ensure that
each individual has proven his/her eligibility to use the service with
their desired default VRS provider;
4. The information VRS providers must request to validate each
individual who seeks to register that he/she is an actual person living
or visiting in the United States;
5. The information for a user signed up with multiple providers for
different VRS services. Each company acting as the default provider
will have access to their users' information as it pertains only to
their service; and
6. The information that is contained in the records of the
inquiries that the ITRS-URD Program's VRS providers will make available
to the ITRS-URD Program's administrator's Third Party contractor and
subcontractors who manages the database [verification/call/service
center(s)] to verify that individuals who are deaf, deaf-blind, hard of
hearing, and/or have speech disabilities and who are eligible under the
ADA to participate in the ITRS-URD Program's services.
Records in the ITRS-URD Program's system of records are available
for public inspection after redaction of information that could
identify the individual ITRS-URD Program's participant/subscriber, such
as the individual's name(s), date of birth, last four digits of social
security number (including alternative proof of identification or other
unique ID for those individuals who do not have a social security
number), tribal ID number, telephone number(s), emergency location,
and/or other PII that validates their participation in this program.
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. The FCC will
determine whether disclosure of the records is compatible with the
purpose for which the records were collected in each of these cases.
1. FCC Program Management--A record from this system may be
accessed and used by the FCC and the ITRS-URD Program Administrator and
Program contractor's employees (including employees of subcontractors)
to conduct official duties associated with the management and operation
of the ITRS-URD Program, as directed by the Commission. The FCC may
routinely have access to the information in the ITRS-URD Program's
database(s), which includes, but is not limited to audits, oversight,
and/or investigations of the ITRS-URD Program's database(s) for the
purposes of managing and/or eliminating waste, fraud, and abuse in the
ITRS services and ITRS-URD Program. The information may be shared with
the FCC's Enforcement Bureau (EB), Consumer and Governmental Affairs
Bureau (CGB), Office of Managing Director (OMD), Office of Inspector
General (OIG), Telecommunications Relay Services (TRS) Fund
Administrator and Program contractor(s) (and subcontractors), and the
FCC TRS Fund Program Administrator, as necessary;
2. Third Party Contractors--A record from this system may be
disclosed to an employee of a third-party contractor (and
subcontractors, as required) to conduct the verification process that
allows the ITRS-URD Program's administrator to determine the accuracy
of the PII provided by the ITRS-URD Program's registrants to the system
of records, i.e., when an employee of a third-party contractor (and/or
subcontractor), responsible for
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management registration and fraud prevention, verifies the eligibility
of the participant/registrant/subscriber;
3. State Agencies and Authorized Entities-- A record from this
system may be disclosed to designated state agencies and other
authorized entities, which include, but are not limited to state public
utility commissions, and their agents, as is consistent with applicable
Federal and State laws, to administer the ITRS-URD Program in that
state and to perform other management and oversight duties and
responsibilities. When necessary, this may include the transfer of data
to and/or from the Third Party Contractor (and subcontractors) to
determine or verify the accuracy of the PII provided by the ITRS-URD
Program's registrants;
4. FCC Enforcement Actions--When a record in this system involves
an informal complaint filed with the FCC alleging a violation of FCC
Rules and Regulations by an ITRS-URD Program's applicant/subscriber/
registrant, licensee, certified or regulated entity or an unlicensed
person or entity, the complaint may be served to the alleged violator
for a response through the FCC's normal course of complaint handling
process. When an order or other Commission-issued document that
includes consideration of an informal complaint or complaints is issued
by the FCC for resolution or to enforce FCC Rules and Regulations, the
complainant's name may be made public in that order or letter document.
Where a complainant in filing his or her complaint explicitly requests
that confidentiality of his or her name from public disclosure, the
Commission will endeavor to protect such information from public
disclosure. Complaints that contain requests for confidentiality may be
dismissed if the Commission determines that the request impedes the
Commission's ability to investigate and/or resolve the complaint;
5. Congressional Investigations and Inquiries--A record from this
system may be disclosed to either House of Congress, or, to the extent
of matter within its jurisdiction, any committee or subcommittee
thereof, for the purposes of an official Congressional investigation,
including but not limited to information concerning ITRS and the ITRS-
URD Program's services, ITRS-URD Program's Administrator (and Third
Party Contractors and subcontractors) and ITRS-URD Program
participants/subscribers/registrants, and/or in response to an inquiry
made by an individual to the Congressional office for the individual's
own records;
6. Government-wide Program Management and Oversight--When requested
by the National Archives and Records Administration (NARA), the Office
of Personnel Management (OPM), the General Services Administration
(GSA), and/or the Government Accountability Office (GAO) for the
purpose of records management studies conducted under authority of 44
U.S.C. 2904 and 2906 (such disclosure(s) shall not be used to make a
determination about individuals); when the U.S. Department of Justice
(DOJ) is contacted in order to obtain that department's advice
regarding disclosure obligations under the Freedom of Information Act;
or when the Office of Management and Budget (OMB) is contacted in order
to obtain that office's advice regarding obligations under the Privacy
Act;
7. ADA Eligibility Verification Data--A record from this system may
be disclosed to the appropriate Federal and/or State authorities
(including transfers of PII data to/from the ITRS Program's
Administrators, contractors, and subcontractors, as required) for the
purposes of verifying whether individuals who are deaf, deaf-blind,
hard of hearing and/or have speech disabilities are eligible under the
ADA to register to participate in/subscribe to the ITRS-URD Program;
8. Law Enforcement and Investigation--Where there is an indication
of a violation or potential violation of a statute, regulation, rule,
or order, records from this system may be shared with appropriate
federal, state, or local authorities either for purposes of obtaining
additional information relevant to a FCC decision or for referring the
record for investigation, enforcement, or prosecution by another
(federal or state) agency to investigate program participation by VRS
providers;
9. Adjudication and Litigation--Where by careful review, the Agency
determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the Agency to be
for a purpose that is compatible with the purpose for which the Agency
collected the records, these records may be used by a court or
adjudicative body in a proceeding when: (a) The Agency or any component
thereof; or (b) any employee of the Agency in his or her official
capacity; or (c) any employee of the Agency in his or her individual
capacity where the Agency has agreed to represent the employee; or (d)
the United States Government is a party to litigation or has an
interest in such litigation;
10. Department of Justice--A record from this system of records may
be disclosed to the Department of Justice (DOJ) 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; and
11. Breach of Federal Data--A record from this system may be
disclosed to appropriate agencies, entities (including the ITRS-URD
Program's administrator and its employees), 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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The information pertaining to the ITRS-URD Program includes
electronic records, files, and data and paper documents, records, and
files. The ITRS-URD Program administrator will host the electronic
data, which will reside in the administrator's ITRS-URD Program's
database(s) and in the Third Party Contractor and subcontractors who
conduct the subscribers/participants' verification processes. No data
will be transmitted, downloaded, or allowed to reside outside of the
database(s), except as required by:
1. ITRS providers to populate and update subscriber information and
to query to verify the subscriber's status;
2. The FCC to perform oversight, performance, investigations, and/
or audit functions, and
3. The ITRS-URD Program administrator or the TRS Fund Administrator
to retrieve records and to obtain/transfer data from the Third
[[Page 6966]]
Party Contractor and subcontractor, when required for the verification
process.
Any paper documents will be stored in filing cabinets in the
secured areas in the ITRS-URD Program's administrator's office and at
the FCC for oversight, performance, investigations, and/or audit
purposes.
RETRIEVABILITY:
Information in the ITRS-URD Program may be retrieved by various
identifiers, including, but not limited to the individual's name, last
four digits of the social security number (SSN), date of birth, phone
number, and residential address and other identifiers listed in the
CATEGORIES OF RECORDS IN THE SYSTEM.
SAFEGUARDS:
1. Access to the electronic files is restricted to:
a. Authorized and credentialed the ITRS-URD Program's
administrator's employees;
b. TRS Fund Administrator (and the TRS Third Party Contractor(s)
and subcontractor(s)); and
c. Authorized FCC employees and contractors including, but not
limited to the FCC TRS Fund Program Administrator, Enforcement Bureau
(EB), Office of Inspector General (OIG), Consumer and Governmental
Affairs Bureau (CGB), and Office of Managing Director (OMD),
Information Technology (IT), and other bureaus and offices (B/Os), as
required, to perform oversight, performance, auditing, and related
management functions, duties, and responsibilities.
The FCC requires that parties with authorized access to the ITRS-
URD Program's databases, including but not limited to the ITRS
Administrator, employees, Third Party contractors and subcontractors,
must maintain compliance with the FCC's computer and information
security requirements, including those in the Federal Information
Security Management Act (FISMA). In addition, an Independent
Verification and Validation (IV&V) shall be performed to certify that
functional and security requirements were met. IV&V will be conducted
by a third-party vendor to ensure reliability, accessibility, validity,
compatibility, traceability, security, and ease of use of the
application within the environment.
2. The paper documents are maintained in file cabinets that are
located in the ITRS-URD Program's administrator's office suites (and
the Third Party contractor and subcontractor, as required), and at the
FCC for oversight, performance, investigations, and/or audit purposes.
The file cabinets are locked when not in use and at the end of the
business day.
Access to these files is restricted to:
a. Authorized ITRS-URD Program's administrator's employees (and
contractors and subcontractors); and
b. The TRS Fund Administrator and authorized FCC employees and
contractors including, but not limited to the FCC TRS Fund Program
Administrator, Enforcement Bureau (EB), Office of Inspector General
(OIG), Consumer and Governmental Affairs Bureau (CGB), and Office of
Managing Director (OMD), Information Technology Center (ITC), and other
bureaus and offices (B/Os), as required, to perform oversight,
performance, auditing, and related management functions, duties, and
responsibilities.
RETENTION AND DISPOSAL:
The National Archives and Records Administration (NARA) has not
established a records schedule for the information in the ITRS-URD
Program. Consequently, until NARA has approved a records schedule, the
ITRS-URD Program's administrator will maintain the information in the
ITRS-URD Program's databases in accordance with the requirements of the
ITRS Order. The ITRS Order states that:
1. The data in the ITRS-URD Program's database(s) (including the
information maintained by the Third Party Contractor and subcontractors
who perform the verification processes) are the property of the Federal
Government, but will be treated as propriety information of the
contractor as the default provider; and
2. A log of all actions (queries and modifications) shall be
maintained for a period of no less than five years (or for such other
period as directed by the Commission. See Structure and Practices of
the Video Relay Service Program; Telecommunications Relay Services and
Speech-to-Speech Services for Individuals with Hearing and Speech
Disabilities, CG Docket Nos. 03-123 & 10-51, Report and Order and
Further Notice of Proposed Rulemaking, 28 FCC Rcd 8618 (2013) (ITRS
Order).
Disposal of obsolete or out-of-date paper documents and files is by
shredding. Electronic data, files, and records are destroyed by
electronic erasure.
SYSTEM MANAGER(S) AND ADDRESS:
TRS Fund Administrator;
TRS Fund Program Coordinator, Office of Managing Director, Federal
Communications Commission (FCC), 445 12th Street SW., Washington, DC
20554; and
Consumer and Governmental Affairs Bureau (CGB), Federal
Communications Commission (FCC), 445 12th Street SW., Washington, DC
20554.
NOTIFICATION PROCEDURE:
TRS Fund Administrator;
TRS Fund Program Coordinator, Office of Managing Director, Federal
Communications Commission (FCC), 445 12th Street SW., Washington, DC
20554;
Consumer and Governmental Affairs Bureau (CGB), Federal
Communications Commission (FCC), 445 12th Street SW., Washington, DC
20554; or
Privacy Analyst, Information Technology (IT), Office of Managing
Director (OMD), Federal Communications Commission (FCC), 445 12th
Street SW., Washington, DC 20554.
RECORD ACCESS PROCEDURES:
TRS Fund Administrator;
TRS Fund Program Coordinator, Office of Managing Director, Federal
Communications Commission (FCC), 445 12th Street SW., Washington, DC
20554;
Consumer and Governmental Affairs Bureau (CGB), Federal
Communications Commission (FCC), 445 12th Street SW., Washington, DC
20554; or
Privacy Analyst, Information Technology (IT), Office of Managing
Director (OMD), Federal Communications Commission (FCC), 445 12th
Street SW., Washington, DC 20554.
CONTESTING RECORD PROCEDURES:
TRS Fund Administrator;
TRS Fund Program Coordinator, Office of Managing Director, Federal
Communications Commission (FCC), 445 12th Street SW., Washington, DC
20554;
Consumer and Governmental Affairs Bureau (CGB), Federal
Communications Commission (FCC), 445 12th Street SW., Washington, DC
20554; or
Privacy Analyst, Information Technology (IT), 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 the ITRS-URD Program's
database(s) include, but are not limited to:
1. The information that the ITRS Program providers must furnish
prior to registering ITRS subscribers/participants, and/or to re-
certifying ITRS subscribers for participation in the ITRS Program; and
[[Page 6967]]
2. The information that individuals who are deaf, deaf-blind, hard
of hearing and have speech disabilities and who are eligible under the
ADA must provide to determine their eligibility for participation in
the ITRS-URD Program.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015-02530 Filed 2-6-15; 8:45 am]
BILLING CODE 6712-01-P