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FCC NOTICE REQUIRED BY THE PRIVACY ACT

The Federal Communications Commission ("FCC" or "Commission") is authorized under the Communications Act of 1934, as amended, to collect the personal information that is requested on FCC Forms 2000, 475-B, 501, and/or 1088. The information that you provide when filling out one or more of these forms is covered by the system of records notice (SORN), FCC/CGB-1, "Informal Complaints and Inquiries File." The Commission is authorized to request this information from consumers under Sections 151, 154, 206, 208, 225, 226, 227, 228, 255, 258, 301, 303, 309(e), 312, 362, 364, 386, 507 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 206, 208, 225, 226, 227, 228, 255, 258, 301, 303, 309(e), 312, 362, 364, 386, 507; Sections 504 and 508 of the Rehabilitation Act, 29 U.S.C. 794; and 47 C.F.R. §§ 1.711 et seq., 6.15 et seq., 7.15 et seq., and 64.604.

Under this system of records notice, FCC/CGB-1, the FCC may disclose information that consumers provide as follows:

  1. Complaints against Broadcasters, Common Carriers, Programming Providers, Satellite Services, Telemarketers, etc. - when a record in this system involves an informal complaint filed against a broadcaster, common carrier, programming provider, satellite service, telemarketer, etc., the complaint may be forwarded to the defendant carrier or provider, etc., for a response, pursuant to Section 208 of the Communications Act of 1934, as amended;


  2. Disclosure of the Complainant’s Name - when an order or other Commission-issued document that includes consideration of informal complaints filed against broadcasters, common carriers, programming providers, satellite services, telemarketers, etc., is entered by the FCC to implement or enforce the Communications Act, pertinent rule, regulation, or order of the FCC, the complainant's name may be made public in that order or document. Where a complainant in filing his or her complaint explicitly requests that the bureau withhold his or her name from public disclosure, such a request will be granted and the complainant's name will not be disclosed in the Commission-issued order or document;


  3. 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;


  4. FCC Enforcement Actions - when a record in this system involves an informal complaint filed against a broadcaster, common carrier, programming providers, satellite services, telemarketers, etc., the complaint may be forwarded to the defendant carrier for a response, pursuant to Section 208 of the Communications Act of 1934, as amended. When an order or other Commission-issued document that includes consideration of informal complaints filed against broadcasters, common carriers, programming providers, satellite services, telemarketers, etc., is entered by the FCC to implement or enforce the Communications Act, pertinent rule, regulation, or order of the FCC, the complainant's name may be made public in that order or document. Where a complainant in filing his or her complaint explicitly requests that the FCC withhold his or her name from public disclosure, such a request will be granted and the complainant's name will not be disclosed in the Commission-issued order or document;


  5. 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 agency;


  6. Congressional Inquiries - when requested by a Congressional office in response to a written inquiry by an individual made to the Congressional office for their own records;


  7. Government-wide Program Management and Oversight - when requested by 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; when the U.S. Department of Justice 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 is contacted in order to obtain that office's advice regarding obligations under the Privacy Act; and


  8. Breach of Federal Data - to the 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.


In each of these cases, the FCC will determine whether disclosure of the information in this system of records notice is compatible with the purpose for which the records were collected. Furthermore, information in this system of records notice is available for public inspection after redaction of information that could identify the complainant or correspondent, i.e., name, address, telephone number, and/or email address.

THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, PUBLIC LAW 93-579, DECEMBER 31, 1974, 5 U.S.C. SECTION 552 a(e)(3).

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FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT FOR FORMS 2000 A THROUGH F

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FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT FOR FORM 475B

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FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT FOR FORM 501

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FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT FOR FORM 1088

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last reviewed/updated on 01/29/08  


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