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

	Web GovRecords.org

     System location: 
       Office of General Counsel, Federal Communications Commission 
   (FCC), 1919 M Street, NW, Washington, DC 20554.
     Categories of individuals covered by the system: 
       Individuals alleged to have violated the Commission's ex parte 
   rules.
     Categories of records in the system: 
       Complaint letters, memoranda, briefs, Commission decisions 
   recommending action and news releases.
     Authority for maintenance of the system: 
       47 U.S.C. 4(i).
   Purpose(s): 
       Record information is used by staff attorneys to determine 
   whether a violation of the ex parte rules has occurred.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:
       Where there is an indication of a violation or potential 
   violation of the ex parte rules records from this system may be 
   referred to the appropriate agency charged with the responsibility of 
   prosecuting such violation or enforcing the applicable statute or 
   rule.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       File folders.
     Retrievability: 
       Records are maintained by the name of the party accused of an ex 
   parte violation.
     Safeguards: 
       Records are maintained in file cabinets in an office that is 
   secured at the end of each business day. Since only one or two office 
   persons have need to routinely access this system, unauthorized 
   examinations would be easily detected.
     Retention and disposal: 
       Destroy when 3 years old.
     System manager(s) and address: 
       General Counsel, Office of General Counsel, FCC, 1919 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: 
       Complaints, Security Officer, Bureau and Office Chiefs.

   #..FCC/OGC-2

   #....System name: Attorney Misconduct Files.

     System location: 
       Office of General Counsel, Federal Communications Commission 
   (FCC), 1919 M Street, NW, Washington, DC 20554.
     Categories of individuals covered by the system:
       Any attorney who appears in a representative capacity before the 
   FCC and who is charged with attorney misconduct.
     Categories of records in the system: 
       Correspondence, briefs, related Commission agenda items, bar 
   association recommendations, investigative findings, complaints of 
   attorney misconduct, memoranda, pleadings.
     Authority for maintenance of the system: 
       5 U.S.C. 500(d).
   Purpose(s):
       Record information is used by staff attorneys to prosecute a case 
   for attorney misconduct before FCC administrative law judges or 
   before the Commission.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       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.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:
     Storage: 
       File folders.
     Retrievability: 
       Records are retrieved by the name of the attorney charged with 
   misconduct.
     Safeguards: 
       Records are kept in file cabinets in offices that are secured at 
   the end of each business day. Since only one or two staff persons 
   routinely access this record system, unauthorized examination during 
   business hours would be easily detected.
     Retention and disposal: 
       Destroyed 5 years after case closure.
     System manager(s) and address: 
       General Counsel, Office of General Counsel, FCC, 1919 M Street, 
   NW, Washington, DC 20554.
     Notification procedure:
       See Contesting lrecord procedures.
     Record access procedure: 
       See Contesting record 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.
     System 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 of 1974, 5 
   U.S.C. 552a, and from Secs. 0.554-0.557 and 0.559 of the Commission's 
   rules. These provisions concern notification, record access, and 
   contesting procedures, as well as publication of record sources. This 
   system is exempt from these provisions because it is maintained for 
   law enforcement purposes pursuant to subsection (k)(2) of the Act.

   #..FCC/OGC-3

   #....System name: Employee Complaint Adjudication.

     System location: 
       Office of General Counsel, Federal Communications Commission 
   (FCC), 1919 M Street, NW, Washington, DC 20554.
     Categories of individuals covered by the system:
       Any Commission employee who is the subject of a complaint 
   investigation involving internal personnel actions or activities, 
   i.e., discrimination, grievance, political activity, separation or 
   adverse action.
     Categories of records in the system: 
       Records in this system involve internal personnel disputes that 
   have reached the hearing stage, and may include correspondence, 
   memoranda, transcripts of hearings, briefs, pleadings, investigative 
   reports, decisions of hearing examiners and Commissioners.
     Authority for maintenance of the system: 
       5 U.S.C. 301.
   Purpose(s): 
       1. Records are used by staff attorneys in the General Counsel's 
   office in settlement negotiations with opposing parties; records are 
   also used in preparation for hearings before an administrative body 
   or a court of appropriate jurisdiction.
       2. A record on an individual in a 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.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:
       1. A record from this system of records may be disclosed to the 
   Department of Justice or in a proceeding before a court of 
   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.
       2. A record from this system of records which concerns 
   information on pay and leave, benefits, retirement deductions, and 
   any other pertinent information may be disclosed to the Office of 
   Personnel Management in order for it to carry out its legally 
   authorized Government-wide functions and duties.

       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.
     Retrievability: 
       Records are retrieved by the name of the subject individual in 
   the investigation.
     Safeguards: 
       Records are maintained in file cabinets in an office that is 
   secured at the end of each business day. Since only one or two staff 
   persons routinely access this record system, unauthorized examination 
   during business hours would be easily detected.
     Retention and disposal: 
       Destroyed 5 years after case closure.
     System manager(s) and address: 
       General Counsel, Office of General Counsel, FCC, 1919 M Street, 
   NW, Washington, DC 20554
     Notification procedure: 
       Address inquiries to the system manager.
     Record access procedure:
       Same as above.
     Contesting record procedures: 
       Same as above.
     Record source categories: 
       Co-workers of subject individual, other supervisors, 
   classification experts, other persons involved in the case.

   #..FCC/OGC-4

   #....System name: Parties Involved in Current Litigtion Before 
      Federal Courts.

     System location: 
       Office of General Counsel, Federal Communications Commission 
   (FCC), 1919 M Street, NW, Washington, DC 20554
     Categories of individuals covered by the system:
       Any person who is a captioned party of record in an appeal or 
   petition for review of a Commission action, or in other court filings 
   involving telecommunication matters.
     Categories of records in the system: 
       Litigation Division docket files (duplicate files of those filed 
   with the Court and other parties).
     Authority for maintenance of the system: 
       47 U.S.C. 402.
   Purpose(s): 
       Record information is used by Commission attorneys for case 
   preparation and reference. The records contained in this system are 
   available for public inspection to the extent that they do not 
   contain information usually exempt from mandatory disclosure under 
   Exemption 5 of the FOIA, 5 U.S.C. 552(b)(5).
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       1. 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.
       2. A record for 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: 
       File folders.
     Retrievability: 
       Indexed by case name, which may contain the name of an individual 
   as a party of record.
     Safeguards: 
       Records are filed in the Litigation office and secured after 
   working hours.
     Retention and disposal: 
       After cases have been decided or dismissed and reach the inactive 
   mode, the precedent-setting or important cases are reviewed to delete 
   duplicative or unnecessary material and then are forwarded to the 
   Library for binding. The cases remain in the Library for reference 
   and research purposes. The remainder of the case records are 
   destroyed when no longer needed or three years after closure, 
   whichever occurs first.
     System manager(s) and address:
       Geneal Counsel, Office of General Counsel, FCC, 1919 M Street, 
   NW, Washington, DC 20554.
     Notification procedure: 
       Address inquiries to the system manager.
     Record access procedure:
       Same as above.
     Contesting record procedures: 
       Same as above.
     Record source categories: 
       U.S. Circuit Court of Appeals and parties to proceedings.

   #..FCC/OGC-5

   #....System name: Parties with Pending Civil Cases Before Any 
      District Court That Affect the Commission.

     System location: 
       Office of General Counsel, Federal Communications Commission 
   (FCC), 1919 M Street, NW, Washington, DC 20554.
     Categories of individuals covered by the system: 
       Any individual who has a miscellaneous case involving the 
   Commission before any District Court.
     Categories of records in the system:
       Letters, memoranda, pleadings, briefs, bankruptcy papers.
     Authority for maintenance of the system:
       47 U.S.C. 402.
   Purpose(s): 
       Record information is used by Commission attorneys to update 
   information or furnish additional data for the Government agency 
   handling the case. The records contained in this system are available 
   for public inspection to the extent that they do not contain 
   information usually exempt from mandatory disclosure under Exemption 
   5 of the FOIA, 5 U.S.C. 552(b)(5).
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:
       1. 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.
       2. 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.
       3. A record in this system of records which concerns information 
   on pay and leave, benefits, retirement deductions, and any other 
   pertinent information may be disclosed to the Office of Personnel 
   Management in order for it to carry out its legally authorized 
   Government-wide functions and duties.

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