§ 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—Human
   Resources Management, 445 12th Street, SW., 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 § 0.554(b)(2) and the
   information needed to locate the record as required by § 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 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 § 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 § 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 FR 44512 , Sept. 26, 1975, as amended at  45 FR 39850 , June 12, 1980;  49 FR 13369 , Apr. 4, 1984;  65 FR 58466 , Sept. 29, 2000]

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