Goto Section: 0.555 | 0.557 | Table of Contents

FCC 0.556
Revised as of
Goto Year:1996 | 1998
Sec. 0.556  Request to correct or amend records.

    (a) An individual may request the amendment of information contained 
in their record. Except as otherwise provided in this paragraph, the 
request to amend should be submitted in writing to the system manager 
responsible for the records. Requests to amend the official personnel 
records of active FCC employees should be submitted to the Associate 
Managing Director--Personnel Management, Office of Managing Director, 
1919 M Street, NW., Washington, D.C. 20554. Requests to amend official 
personnel records of former FCC employees should be sent to the 
Assistant Director for Work Force Information, Compliance and 
Investigations Group, Office of Personnel Management, 1900 E Street, 
NW., Washington, D.C. 20415. Any request to amend should contain as a 
minimum:
    (1) The identity verification information required by 
Sec. 0.554(b)(2) and the information needed to locate the record as 
required by Sec. 0.554(a).
    (2) A brief description of the item or items of information to be 
amended; and
    (3) The reason for the requested change.
    (b) A written acknowledgement of the receipt of a request to amend a 
record will be provided within 10 days (excluding Saturdays, Sundays, 
and legal public holidays) to the individual

[[Page 82]]

requesting the amendment. Such an acknowledgement may, if necessary, 
request any additional information needed to make a determination. There 
will be no acknowledgement if the request can be reviewed, processed, 
and the individual notified of compliance or denial within the 10 day 
period.
    (c) The responsible system manager, or in the case of official 
personnel records of active FCC employees, the Associate Managing 
Director--Personnel Management, shall (normally within 30 days) take one 
of the following actions regarding a request to amend:
    (1) If the system manager agrees that an amendment to the record is 
warranted, the system manager shall:
    (i) So advise the individual in writing;
    (ii) Correct the record in compliance with the individual's request; 
and
    (iii) If an accounting of disclosures has been made, advise all 
previous recipients of the fact that the record has been corrected and 
of the substance of the correction.
    (2) If the system manager, after an initial review, does not agree 
that all or any portion of the record merits amendment, the system 
manager shall:
    (i) Notify the individual in writing of such refusal to amend and 
the reasons therefore;
    (ii) Advise the individual that further administrative review of the 
initial decision by the full Commission may be sought pursuant to the 
procedures set forth in Sec. 0.557. (In cases where the request to amend 
involves official personnel records, review is available exclusively 
from the Assistant Director for Work Force Information, Compliance and 
Investigations Group, Office of Personnel Management, Washington, DC 
20415; and
    (iii) Inform the individual of the procedures for requesting 
Commission review pursuant to Sec. 0.557.
    (d) In reviewing a record in response to a request to amend, the 
system manager shall assess the accuracy, relevance, timeliness, or 
completeness of the record in light of each data element placed into 
controversy and the use of the record in making decisions that could 
possibly affect the individual. Moreover, the system manager shall 
ajudge the merits of any request to delete information based on whether 
or not the information in controversy is both relevant and necessary to 
accomplish a statutory purpose required of the Commission by law or 
executive order of the President.

(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 1997 FR 44512 , Sept. 26, 1975, as amended at  45 FR 39850 , June 12, 1980; 
 49 FR 13369 , Apr. 4, 1984]


Goto Section: 0.555 | 0.557

Goto Year: 1996 | 1998
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