Goto Section: 202.2 | 202.3 | Table of Contents
FCC 202.3
Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 202.3 Plans preparation and execution.
Federal authority, substantive provisions, and functional responsibilities
of the executive office are summarized in the following:
(a) Wartime Emergency Functions. (1) The Assistant to the President for
National Security Affairs (the National Security Advisor) shall provide
general policy direction for the exercise of the war power functions of the
President under section 706 of the Communications Act (47 U.S.C. 606), as
amended, should the President issue implementing instructions in accordance
with the National Emergencies Act (50 U.S.C. 1601).
(2) The Director of the Office of Science and Technology Policy shall direct
the exercise of the war power functions of the President under section
706(a), (c)–(e) of the Communications Act (47 U.S.C. 606), as amended,
should the President issue implementing instructions in accordance with the
National Emergencies Act (50 U.S.C. 1601).
(b) Non-wartime Emergency Functions. (1) The National Security Advisor
shall:
(i) Advise and assist the President in coordinating the development of
policy, plans, programs and standards within the Federal Government for the
identification, allocation and use of the Nation's telecommunications
resources by the Federal Government, and by State and local governments,
private industry and volunteer organizations, upon request, to the extent
practicable and otherwise consistent with the law, during those crises or
emergencies in which the exercise of the President's war power functions is
not required or permitted by law.
(ii) Provide policy oversight and direction of the activities of the NCS.
(2) The Director of the Office of Science and Technology Policy shall:
(i) Provide information, advice, guidance and assistance, as appropriate, to
the President and to those Federal departments and agencies with
responsibilities for the provision, management or allocation of
telecommunications resources during those crises or emergencies in which the
exercise of the President's war power functions is not required or permitted
by law.
(ii) Establish a Joint Telecommunications Resources Board (JTRB) to assist
the Director in providing information, advice, guidance and assistance, as
appropriate, to the President and to those Federal Departments and agencies
with responsibilities for the provision, management, or allocation of
telecommunications resources, during those crises or emergencies in which
the exercise of the President's war power functions is not required or
permitted by law.
(c) Planning and Oversight Responsibilities. (1) The National Security
Advisor shall advise and assist the President in:
(i) Coordination and development of policy, plans, programs and standards
for the mobilization and use of the Nation's commercial, government, and
privately owned telecommunications resources to meet national security and
emergency preparedness telecommunications requirements.
(ii) Providing policy oversight and direction of the activities of the NCS;
and
(iii) Providing policy oversight and guidance for the execution of the
responsibilities assigned to the Federal departments and agencies by
Executive Order 12472.
(2) The Director of the Office of Science and Technology Policy (or a
designee) shall:
(i) Advise and assist the President in the administration of a system of
radio spectrum priorities for those spectrum dependent telecommunications
resources of the Federal government which support national security and
emergency preparedness telecommunications functions.
(ii) Certify or approve priorities for radio spectrum use by the Federal
government, including the resolution of any conflicts in or among priorities
under all conditions or crisis or emergency.
(3) The National Security Advisor, the Director of the Office of Science and
Technology Policy and the Director of the Office of Management and Budget
shall, in consultation with the Executive Agent for the NCS and the NCS
Committee of Principals, determine what constitutes national security and
emergency preparedness telecommunications requirements.
(4) The Director of the Office of Management and Budget, in consultation
with the National Security Advisor and the NCS, will prescribe general
guidelines and procedures for reviewing the financing of the NCS within the
budgetary process and for preparation of budget estimates by participating
agencies.
(d) Performance of essential government and public services during a
national emergency, as defined in section 706 of the Communications Act (47
U.S.C. 606), as amended, will require a means for communications between
government and the private sector, communications essential to operations of
elements of the national economy, and communications for national defense
and civil defense purposes. The needs of the private sector and those of
government should be properly coordinated to ensure that responses to each
of these communities of interest, government and private sector, are
appropriately balanced. For this reason, with regard to wartime emergency
functions, the Director, Office of Science and Technology Policy (OSTP), has
delegated the responsibility for the private sector to the Chairman, Federal
Communications Commission (FCC), and responsibility for the needs of
government to the Executive Agent, National Communications System (NCS). A
parity of level of authority of these officials is established. They will
coordinate and negotiate telecommunications conflicts with respect to the
allocation and use of the Nation's telecommunications resources, reporting
to the Director on unresolved issues which are within the domain of their
respective responsibilities and authorities.
(e) In order to support the NS/EP telecommunications needs of the Federal
government, State and local governments, private industry and volunteer
organizations, under all circumstances, including those of crisis or
emergency, the following functions shall be performed:
(1) The Secretary of Commerce, for all conditions of crisis or emergency,
shall:
(i) Develop plans and procedures concerning radio spectrum assignments,
priorities and allocations for use by Federal departments, agencies and
entities; and
(ii) Develop, maintain and publish policy, plans and procedures for the
control and assignment of radio frequencies, including the authority to
amend, modify or revoke such assignments, in those parts of the
electromagnetic spectrum allocated to the Federal Government.
(2) The Director of the Federal Emergency Management Agency shall:
(i) Plan for and provide, operate and maintain telecommunications services
and facilities, as part of its National Emergency Management System,
adequate to support its assigned emergency management responsibilities.
(ii) Advise and assist State and local governments and volunteer
organizations, upon request and to the extent consistent with law, in
developing plans and procedures for identifying and satisfying their NS/EP
telecommunications requirements.
(iii) Ensure, to the maximum extent practicable, that national security and
emergency preparedness telecommunications planning by State and local
governments and volunteer organizations is mutually supportive of and
consistent with the planning of the Federal Government.
(iv) Develop, upon request and to the extent consistent with law and in
consonance with regulations promulgated by and agreements with the Federal
Communications Commission, plans and capabilities for, and provide policy
and management oversight of, the Emergency Broadcast System, and advise and
assist private radio licensees of the Commission in developing emergency
communications plans, procedures and capabilities.
(v) Act as sponsor for State and local governments' requests for
telecommunications service priority (TSP) in accordance with the Federal
Communications Commissions regulations and with procedures in approved NCS
issuances.
(3) The Secretary of State, in accordance with assigned responsibilities
within the Diplomatic Telecommunications Service, shall plan for and
provide, operate and maintain rapid, reliable and secure telecommunications
services to those Federal entities represented at United States diplomatic
missions and consular offices overseas. This responsibility shall include
the provision and operation of domestic telecommunications in support of
assigned national security and emergency preparedness responsibilities.
(4) The Secretary of Defense shall:
(i) Plan for and provide, operate and maintain telecommunications services
and facilities adequate to support the National Command Authorities and to
execute responsibilities assigned by Executive Order 12333, December 4, 1981
( 46 FR 59941 ; 3 CFR, 1981 Comp., p. 200).
(ii) Ensure that the Director of the National Security Agency provides the
technical support necessary to develop and maintain plans adequate to
provide for the security and protection of national security and emergency
preparedness telecommunications.
(iii) Provide protection for interstate or foreign communication as directed
by the President when the public interest requires under section 706(b) of
the Communications Act (47 U.S.C. 606(b)).
(iv) In consultation with the Secretary of Transportation, develop policy,
plans and procedures adequate to enable a transfer of control over radio
stations in the Aviation Service and aboard vessels in the Maritime Service
to the Department of Defense during a national emergency pursuant to
Sec. 202.1(b)(3) of these regulations.
(5) The Attorney General shall, as necessary, review for legal sufficiency,
including consistency with the antitrust laws, all policies, plans or
procedures developed pursuant to these regulations.
(6) The Director, Central Intelligence Agency, shall plan for and provide,
operate and maintain telecommunications services adequate to support the
Agency's assigned responsibilities, including the dissemination of
intelligence within the Federal government.
(7) Except as otherwise assigned pursuant to these regulations, the
Administrator of General Services shall ensure that Federally owned or
managed domestic communications facilities and services meet the NS/EP
requirements of Federal civilian departments, agencies and entities. The
Administrator shall perform these responsibilities consistent with policy
guidance of the Director of the Office of Management and Budget.
(8) The Secretary of the Interior shall develop and execute emergency plans
with respect to the administration of telecommunications activities in the
territorial and trusteeship areas under the jurisdiction of the United
States and within the responsibility previously assigned to him by
appropriate laws and other authority.
(9) The Federal Communications Commission, consistent with its statutory
authority, shall:
(i) Review the policies, plans and procedures of all entities licensed or
regulated by the Commission that are developed to provide national security
and emergency preparedness telecommunications services to ensure that such
policies, plans and procedures are consistent with the public interest,
convenience and necessity.
(ii) Perform such functions as required by law with respect to all entities
licensed or regulated by the Commission, including (but not limited to) the
extension, discontinuance or reduction of common carrier facilities or
services; the control of common carrier rates, charges, practices and
classifications; the construction, authorization, activation, deactivation
or closing of radio stations, services and facilities; the assignment of
radio frequencies to Commission licensees; the investigation of violations
of pertinent law and regulation; and the initiation of appropriate
enforcement actions.
(iii) Develop policy, plans and procedures adequate to execute the
responsibilities assigned pursuant to these regulations under all conditions
of crisis or emergency.
(iv) Consult as appropriate with authorized officials of the NCS to ensure
continued coordination of their respective NCS activities.
(10) The National Communications System (comprised of the Executive Agent
for the NCS, the NCS Committee of Principals, and the Manager, NCS) shall
assist the President, the Director of the Office of Science and Technology
Policy, National Security Advisor and the Director of the Office of
Management and Budget in the exercise of national security and emergency
preparedness telecommunications functions and responsibilities and in the
coordination of the planning for and provision of national security and
emergency preparedness communications for the Federal government under all
circumstances, including crisis or emergency, attack, recovery and
reconstitution.
(11) The Executive Agent for the NCS shall:
(i) Ensure that the NCS conducts unified planning and operations, in order
to coordinate the development and maintenance of an effective and responsive
capability for meeting the domestic and international national security and
emergency preparedness needs of the Federal government.
(ii) Ensure that the activities of the NCS are conducted in conjunction with
the emergency management activities of the Federal Emergency Management
Agency.
(12) The Manager, NCS shall:
(i) Develop for consideration by the NCS Committee of Principals and the
Executive Agent:
(A) A recommended evolutionary telecommunications architecture designed to
meet current and future Federal government national security and emergency
preparedness telecommunications requirements.
(B) Plans and procedures for the management, allocation and use, including
the establishment of priorities or preferences, of Federally owned or leased
telecommunications assets under all conditions of crisis or emergency.
(C) Plans, procedures and standards for minimizing or removing technical
impediments to the interoperability of government-owned and/or commercially
provided telecommunications systems.
(D) Test and exercise programs and procedures for the evaluation of the
capability of the Nation's telecommunications resources to meet national
security and emergency preparedness telecommunications requirements.
(E) Alternative mechanisms for funding, through the budget review process,
NS/EP telecommunications initiatives which benefit multiple Federal
departments, agencies or entities. Those mechanisms recommended by the NCS
Committee of Principals and the Executive Agent shall be submitted to the
Executive Office of the President.
(ii) Implement and administer any approved plans or programs as assigned,
including any system of priorities and preferences for the provision of
telecommunications service, in consultation with the NCS Committee of
Principals and the Federal Communications Commission, to the extent
practicable or otherwise required by law or regulation.
(iii) Implement, with the assistance of appropriate Federal agencies, a
decentralized National Telecommunications Management Structure (NTMS)
capable of functioning independently in support of appropriate authority
within the terms and guidelines delineated in the White House approved
Implementation Concept.
(iv) Conduct technical studies or analyses, and examine research and
development programs, for the purpose of identifying, for consideration by
the NCS Committee of Principals and the Executive Agent, improved approaches
which may assist Federal entities in fulfilling national security and
emergency preparedness telecommunications objectives.
(v) Develop an NCS Issuance System of official documents to implement,
establish, guide, describe or explain organizational responsibilities,
authorities, policies and procedures.
(13) The NCS Committee of Principals shall:
(i) Serve as the forum in which each member of the Committee may review,
evaluate and present views, information and recommendations concerning
ongoing or prospective national security and emergency preparedness
telecommunications programs of the NCS and the entities represented on the
Committee.
(ii) Serve as the forum in which each member of the Committee shall report
on and explain ongoing or prospective telecommunications plans and programs
developed or designed to achieve national security and emergency
preparedness telecommunications objectives.
(iii) Provide comments or recommendations, as appropriate, to the National
Security Council, the Director of the Office of Science and Technology
Policy, the Director of the Office of Management and Budget, the Executive
Agent, or the Manager of the NCS, regarding ongoing or prospective
activities of the NCS.
(14) All Federal departments and agencies shall:
(i) Prepare policies, plans and procedures concerning telecommunications
facilities, services, or equipment under their management or operational
control to maximize their capability to respond to the national security and
emergency preparedness needs of the Federal Government. Such plans will be
prepared, and the operations will be executed, in conjunction with the
emergency management activities of the Federal Emergency Management Agency,
and in regular consultation with the Executive Agent for the NCS and the NCS
Committee of Principals.
(ii) Cooperate with and assist the Executive Agent for the NCS, the NCS
Committee of Principals, the Manager of the NCS, and other departments and
agencies in the execution of the functions set forth in this regulation,
furnishing them such information, support and assistance as may be required.
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Last updated: July 27, 2005
Goto Section: 202.2 | 202.3
Goto Year: 2004 |
2006
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