§ 0.554   Procedures for requests pertaining to individual records in a system
of records.

   (a) Upon request, the Commission will notify individuals as to whether it
   maintains information about them in a system of records and, subject to the
   provisons of § 0.555(b), will disclose the substance of such information to
   that individual. In order to properly request notification or access to
   record  information, reference must be made to the Notice described in
   § 0.552. A table of contents, which is alphabetized by bureau or office,
   precedes the system descriptions and allows members of the public to easily
   identify record systems of interest to them. An individual may inquire into
   information contained in any or all systems of records described in the
   Notice. However, each inquiry shall be limited to information from systems
   located within a single bureau or office and shall be addressed to that
   bureau or office.

   (b) Reasonable identification is required of all individuals making requests
   pursuant to paragraph (a) of this section in order to assure that disclosure
   of any information is made to the proper person.

   (1) Individuals who choose to register a request for information in person
   may  verify their identity by showing any two of the following: social
   security card; drivers license; employee identification card; medicare card;
   birth  certificate;  bank  credit  card;  or  other  positive means of
   identification. Documents incorporating a picture and/or signature of the
   individual shall be produced if possible. If an individual cannot provide
   suitable documentation for identification, that individual will be required
   to  sign an identity statement stipulating that knowingly or willfully
   seeking or obtaining access to records about another person under false
   pretenses is punishable by a fine of up to $5,000.

   Note: An individual's refusal to disclose his social security number shall
   not constitute cause in and of itself, for denial of a request.

   (2) All requests for record information sent by mail shall be signed by the
   requestor and shall include his printed name, current address and telephone
   number (if any). Commission officials receiving such requests will attempt
   to verify the identity of the requestor by comparing his or her signature to
   those in the record. If the record contains no signatures and if positive
   identification cannot be made on the basis of other information submitted,
   the requestor will be required to sign an identity statement and stipulate
   that knowingly or willfully seeking or obtaining access to records about
   another person under false pretense is punishable by a fine of up to $5,000.

   (3)  If  positive  identification  cannot  be made on the basis of the
   information  submitted, and if data in the record is so sensitive that
   unauthorized access could cause harm or embarrassment to the individual to
   whom the record pertains, the Commission reserves the right to deny access
   to  the  record pending the production of additional more satisfactory
   evidence of identity.

   Note: The Commission will require verification of identity only where it has
   determined that knowledge of the existence of record information or its
   substance  is not subject to the public disclosure requirements of the
   Freedom of Information Act, 5 U.S.C. 552, as amended.

   (c) All requests for notification of the existence of record information or
   for access to such information shall be delivered to the business address of
   the system manager responsible for the system of records in question, except
   that requests relating to official personnel records shall be addressed to
   the Associate Managing Director—Personnel Management. Such addresses can be
   found in the Federal Register Notice described in § 0.552.

   (d) A written acknowledgement of receipt of a request for notification
   and/or access will be provided within 10 days (excluding Saturdays, Sundays,
   and legal public holidays) to the individual making the request. Such an
   acknowledgement may, if necessary, request any additional information needed
   to locate a record. A search of all systems of records identified in the
   individual's request will be made to determine if any records pertaining to
   the individual are contained therein, and the individual will be notified of
   the search results as soon as the search has been completed. Normally, a
   request will be processed and the individual notified of the search results
   within 30 days (excluding Saturdays, Sundays, and legal holidays) from the
   date the inquiry is received. However, in some cases, as where records have
   to be recalled from Federal Record Centers, notification may be delayed. If
   it is determined that a record pertaining to the individual making the
   request does exist, the notification will state approximately when the
   record will be available for personal review. No separate acknowledgement is
   required if the request can be processed and the individual notified of the
   search results within the ten-day period.

   (Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C.
   154(i) and 303(n); 47 CFR 0.231(d))

   [ 40 FR 44512 , Sept. 26, 1975, as amended at  49 FR 13368 , Apr. 4, 1984]

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