Goto Section: 202.0 | 202.2 | Table of Contents
FCC 202.1
Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 202.1 Policies.
(a) The telecommunications resources of the Nation will be available for
government use during crises and emergencies, wartime and non-wartime, and
to satisfy the needs of the public welfare and safety.
(b) The National Plan for Telecommunications Support in Non-Wartime
Emergencies provides procedures for planning and using National
telecommunications assets and resources in support of non-wartime
emergencies, including those covered by the Disaster Relief Act of 1974, in
Presidentially declared Emergencies and Major Disasters, Extraordinary
Situations, and other emergencies.
(c) An NS/EP Telecommunications Service Priority (TSP) System will provide
procedures to authorize priority treatment for the provisioning and
restoration of NS/EP telecommunications services for wartime and non-wartime
emergencies.
(d) In wartime emergencies, facilities management will remain decentralized
to the extent feasible to assure continued flexibility of operational
response to critical needs, subject to the management direction and
overriding authority of those officials delegated to act for and with the
consent of the central point of authority within the Federal Government.
(1) Federally owned, leased, and/or operated telecommunications facilities,
systems, and networks will be managed during such an emergency by the agency
normally controlling the facility, system, or network except that all
operations will be subject to the management direction and authority of the
officials delegated overall management responsibility for Federal Government
systems.
(2) Facilities other than those of the Federal Government, with the
exception of radio stations in the Aviation Services and certain classes of
radio stations in the Maritime Services, will be managed by the authorized
common carrier or other person owning and operating such facilities subject
to Federal Communications Commission (FCC) guidance and direction or in
accordance with State or local plans if not subject to FCC jurisdiction.
(3) Radio stations in the Aviation Services and those aboard vessels in the
Maritime Service will be subject to the control of the Secretary of Defense
during a national emergency.
(e) The Director of the Office of Science and Technology Policy is the
single point of authority within the Federal Government for the wartime
emergency functions under section 706 of the Communications Act (47 U.S.C.
606) with respect to the allocation and use of surviving resources in
support of national objectives enunciated by the President. Authority may be
redelegated as necessary and when it can be exercised within boundaries
established by Presidential authority.
(f) Radio frequency utilization during a wartime emergency will be in
accordance with authorizations, assignments, and mobilization plans in
existence at the onset of the emergency. Subject to the overriding control
of the Director, OSTP, under the President's War Emergency Powers, spectrum
management regarding the authorization and assignment of radio frequencies
will be made by the National Telecommunications and Information
Administration (NTLA) for the Federal Government, and the Director, OSTP,
through the FCC, for all other entities subject to the Commission's
jurisdiction. Radio stations are subject to closure if considered a threat
to national security.
(g) Section 706 of the Communications Act of 1934, as amended, confers
authority to the President in the matter of suspension of all rules and
regulations pertaining to the use and operation of telecommunications
facilities, public or private during wartime emergencies.
Goto Section: 202.0 | 202.2
Goto Year: 2005 |
2007
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