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