Home > 1995 Privacy Act Documents > Privacy Act: [FCC/FOB-1] Radio Operator Records....

Privacy Act: [FCC/FOB-1] Radio Operator Records....


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       6. 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.
       7. 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.

       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.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       Paper, microfilm and magnetic tape.
     Retrievability: 
       All records are retrievable by applicant name.
     Safeguards: 
       Records are kept in file cabinets in offices that are secured at 
   the close of the business day. Information provided by applicants 
   concerning their mental or physical health or disability is kept in 
   confidence and afforded the same security and accessibility 
   restrictions as provided for medical records.
     Retention and disposal: 
       Commercial applications are destroyed when 11 years old. Both 
   General and Restricted Permit applications are retained for 75 years.
     System manager(s) and address: 
       Chief, Field Operations Bureau, FCC, 1919 M Street, NW, 
   Washington, DC 20554
     Notification procedure:
     Record access procedures:
     Contesting record procedures: 
       This system is exempt from the requirement that the agency 
   publish the procedures for notifying an individual, at his or her 
   request, if the system contains a record pertaining to him/her, for 
   gaining access to such record, and for contesting the contents of the 
   record.
     Record source categories: 
       This system is exempt from the requirement that the agency 
   publish the categories of sources of records in this system.
     Systems exempted from certain provisions of the Act: 
       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. These 
   provisions concern the notification, record access and contesting 
   procedures described above and also the publication of record 
   sources. The system is exempt from these provisions because it 
   contains invstigatory material compiled for law enforcement purposes 
   as defined in section (k)(2) of the Privacy Act.

   #..FCC/FOB-2

   #....System name: Violators File (records kept on individuals who 
      have been subjects of FCC field enforcement actions).

     System location: 
       Primary: Field Operations Bureau, Federal Communications 
   Commission (FCC), 1919 M Street, NW, Washington, DC 20554. Secondary: 
   Various field facilities (See FCC telephone directory for field 
   office addresses, or locate local office in commercial telephone 
   directory under ``U.S. Government.'')
     Categories of individuals covered by the system:
       Individuals who have been subjects of FCC field enforcement 
   actions (monitoring, inspection, investigation) for violations of 
   radio law, FCC Rules and Regulations, or International Radio 
   Treaties.
     Categories of records in the system:
       Inspection reports, complaints, monitoring reports, investigative 
   cases, referral memos, correspondence, discrepancy notifications, 
   warning notices and forfeiture actions.
     Authority for maintenance of the system: 
       47 U.S.C. 101, 102, 104, 301, 312, 315, 318, 386, 401, 404, 501, 
   502, 503.
   Purpose(s): 
       1. For use in connection with the Commission's field enforcement 
   programs to determine levels of compliance among radio users; to 
   issue marine certificates of compliance; to document Commission 
   monitoring, inspections and investigations for enforcement purposes; 
   to provide a basis for various administrative, civil, or criminal 
   sanction actions taken against violators by FOB or other appropriate 
   Commission bureaus or offices.
       2. Limited information elements are transferred to the 
   Commission's central computer facility and to FOB field facilities to 
   maintain a cross-reference which prevents duplication of enforcement 
   actions, and to track the progress of enforcement cases. Copies of 
   commission sanction actions are available for public inspection.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:
       1. If the records indicate a possible violation of law, they may 
   be referred, as a routine use, to the appropriate agency charged with 
   the responsibility of investigating or prosecuting such violation or 
   charged with enforcing the applicable statutes or rules.
       2. 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 enforcing or implementing the statute, rule, regulation or order.
       3. A record from this system may be disclosed to request 
   information from a Federal, state, or local agency maintaining civil, 
   criminal, or other relevant enforcement information or other 
   pertinent information, such as licenses, if necessary to obtain 
   information relevant to a Commission decision concerning the hiring 
   or retention of an employee, the issuance of a security clearance, 
   the letting of a contract, or the issuance of a license, grant or 
   other benefit.
       4. A record from this system may be disclosed to a Federal 
   agency, in response to its request, in connection with the hiring or 
   retention of an employee, the issuance of a security clearance, the 
   reporting of an investigation of an employee, the letting of a 
   contract, or the issuance of a license, grant or other benefit.
       5. 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.
       6. 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.
       7. 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.
       8. 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 litigation.

       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.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:
     Storage: 
       File folders, magnetic tape, and computer printout.
     Retrievability: 
       All records are retrievable by name and by FCC-issued call sign.
     Safeguards: 
       Paper records are kept in file cabinets in offices that are 
   secured at the close of the business day. Access to information on 
   computer is restrictd by use of passwords and location of terminals 
   in rooms which are designated non-public areas, and which are secured 
   outside of business hours.
     Retention and disposal: 
       All violation notices are maintained for a period of 4 years, 
   then destroyed. (Classified material is destroyed by burning or 
   shredding.)
     System manager(s) and address: 
       Chief, Field Operations Bureau, FCC, 1919 M Street, NW, 
   Washington, DC 20554.
     Notification procedure:
     Record access procedure:
     Contesting record procedures: 
       This system is exempt from the requirement that the agency 
   publish the procedures for notifying an individual, at his or her 
   request, if the system contains a record pertaining to him/her, for 
   gaining access to such record, and for contesting the contents of the 
   record.
     Record source categories: 
       This system is exempt from the requirement that the agency 
   publish the categories of sources of records in this system.
     Systems exempted from certain provisions of the Act: 
       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 and from 
   Secs. 0.544--0.557 of FEC rules. Those provisions concern the 
   notification, access and contesting procedures described above as 
   well as the publication of record sources. The system is exempt from 
   these provisions because it is maintained in connection with the 
   provision of protective services to certain individuals as defined in 
   section (k)(3) of the Privacy Act and for law enforcement purposes as 
   defined in section (k)(2) of the Privacy act.

   #..FCC/FOB-3

   #....System name: State and Operational Areas Emergency 
      Communications Committee Membership.

     System location: 
       Field Operations Bureau, Federal Communications Commission (FCC), 
   1919 M Street, NW, Washington, DC 20554.
     Categories of individuals covered by the system:
       Chairmen and Vice Chairmen of State and Operational Area 
   Emergency Communications Committees.
     Categories of records in the system:
       Information showing individual name, business address, business 
   telephone number and title.
     Authority for maintenance of the system:
       Federal Advisory Committee Act, 5 U.S.C. app. 2.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       Used to forward appropriate information to State Committee 
   members, each broadcast station in the State and to Federal, State 
   and local government officials for Emergency Communications planning. 
   All information in this system will be available for public 
   inspection.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:
     Storage: 
       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 of each business day.
     Retention and disposal: 
       Records are retained indefinitely while the individual is a 
   member of the committee; when member resigns, individual file 
   materials is destroyed.
     System manager(s) and address: 
       Chief, Field Operations Bureau, FCC, 1919 M Street, NW, 
   Washington, DC 20554.
     Notification procedure: 
       Address inquiries to the system manager. Name of state must be 
   provided with any request for information.
     Record access procedure:
       Same as above.
     Contesting record procedures:
       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), room 7316, 2025 M Street, NW, Washington, DC 20554.
     Categories of individuals covered by the system: 
       Those who have been granted a license to operate an experimental 
   radio station under part 5 of the Commission's rules.
     Categories of records in the system: 
       File contains the application form (FCC Form 422, Application for 
   a New or Modified Station) or renewal form (FCC Form 405, Application 
   for Renewal of Station License) and supporting exhibits submitted by 
   the applicant. May also include experimental project reports 
   submitted by the applicant as required by FCC rules, part 5. File 
   also includes comments from other Commission bureaus on interference 
   potential of operation.
     Authority for maintenance of the system: 
       47 U.S.C. 308; 47 CFR part 5.
   Purpose(s): 
       To make a determination of applicant's eligibility to operate a 
   station in the experimental radio service; to determine interference 
   potential to other radio services within the Commission, to determine 
   if the project of experimentation is valid, as well as possible use 
   in rulemakings.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       Information from this system may be disclosed to other FCC 
   bureaus, Federal agencies, or to the public, in response to a 
   request, in connection with new experimentation being conducted and 
   the impact that this experimentation may have on the public. The 
   information is available to anyone, unless the applicant has 
   requested confidentiality under  0.459 of the Commission's rules, 47 
   CFR 0.459, or the information is classified.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       Paper records in file folders.
     Retrievability: 
       Files are retrieved by licensee name. If there are more than one 
   station per licensee, then the files may also be retrieved by call 
   sign.
     Safeguards: 
       All files are available to the public except classified files and 
   files that have been granted confidentiality under  0.457 of the 
   Commission's rules. Classified files are kept in locked cabinets in 
   accordance with security regulations. Files that have been granted 
   confidentiality under  0.457 are marked ``NOT FOR PUBLIC 
   INSPECTION'' and may only be accessed by Commission employees who 
   have a need to know the information.
     Retention and disposal: 
       Records are maintained in the office; destroyed 2 years after 
   expiration of license.
     System manager(s) and address: 
       Chief, Frequency Liaison Branch, FCC, room 7322, 2025 M Street, 
   NW, Washington, DC 20554.
     Notification procedure: 
       Address inquiries to the system manager.
     Record access procedures:
       Same as above.
     Contesting record procedures:
       Same as above.
     Record source categories: 
       The majority of information in these records comes from the 
   individual. Other information comes from coordination with other FCC 
   bureaus and from that which is generated with the Frequency Liaison 
   Branch during the normal processing of the application.

   #..FCC/OGC-1

   #....System name: Alleged Violators File (Ex Parte Rules).

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