1、739 Off. of Science and Tech. Policy and Natl. Security Council 202.0 (2) The Federal Government will rely upon State governments and their tele-communications management organi-zations for management or control of intrastate carrier services and con-tinuity of interconnectivity with inter-state car
2、riers to assure that national objectives and priorities are properly served. Applicable regulations of the Federal Communications Commission govern the extent of the allocation of responsibility between Federal and State authorities for the management of NS/EP intrastate carrier services and the int
3、erconnectivity of intrastate services for NS/EP telecommunications functions. (c) A system of telecommunications service priorities will be established which facilitates the provisioning and early restoration of services considered vital to national interests during those events or crises which warr
4、ant NS/EP treatment. (d) The President is authorized dur-ing, or in anticipation of, an emer-gency or major disaster (as defined in the Disaster Relief Act of 19/4) to estab-lish temporary telecommunications systems and to make such tele-communications available to State and local government officia
5、ls and such other persons as deemed appropriate (42 U.S.C. 5185). (e) The President also is authorized, during war, when necessary in the in-terest of national defense and security, to direct or establish priorities for es-sential communications with any com-mercial or governmental carrier and to pr
6、event obstruction of telecommuni-cations. The President may also sus-pend or amend rules and regulations, close stations and facilities, and au-thorize U.S. government use and con-trol of telecommunications resources with regard to: (1) Radio communications (during war, or Presidentially declared th
7、reat of war, public peril, disaster or na-tional emergency or a need to preserve the neutrality of the U.S.) and (2) Wire communications (during war or threat of war). (f) During an attack on the United States by an aggressor nation, and in an immediate postattack period, all de-cisions regarding th
8、e use of tele-communications resources will be di-rected to the objective of national sur-vival and recovery. In order to achieve this objective, postattack resources will be assigned to activities concerned with the maintenance and saving of lives, immediate military defense and response, and econo
9、mic activities es-sential to continued economic survival and recovery. (g) The Director of the Office of Science and Technology Policy will serve as the central authority to con-trol, coordinate, and direct the activi-ties of the Nations telecommuni-cations facilities, systems, and services during p
10、eriods of wartime emergency as determined under section 706 of the Communications Act of 1934 (47 U.S.C. 606), as amended. (h) Telecommunications resources of the Federal Government will be em-ployed, as required, to best serve the continuity of government and national interests. (i) Federal agencie
11、s will, in the devel-opment of emergency operational plans, minimize, to the extent feasible, dependence upon telecommunications services for continuity of essential op-erations. PART 202NATIONAL SECURITY AND EMERGENCY PREPARED-NESS PLANNING AND EXECU-TION Sec. 202.0 Objectives. 202.1 Policies. 202.
12、2 Criteria and guidance. 202.3 Plans preparation and execution. AUTHORITY: 61 Stat. 496 (50 U.S.C. 401); 64 Stat. 798 (50 U.S.C. app. 2061); 64 Stat. 1245 (50 U.S.C. app. 2251); 90 Stat. 463 (42 U.S.C. 6611); E.O. 12046, March 27, 1978 (43 FR 13349; 3 CFR, 1978 Comp., p. 158); E.O. 11021, May 7, 196
13、2 (27 FR 4409; 3 CFR, 19591963 Comp., p. 600); E.O. 12472, April 3, 1984 (49 FR 13471; 3 CFR, 1984 Comp., p. 193). SOURCE: 55 FR 51058, Dec. 11, 1990, unless otherwise noted. 202.0 Objectives. (a) During, or in anticipation of, a non-wartime emergency or natural dis-aster, a telecommunications capac
14、ity must exist to provide temporary tele-communications service to State and local government officials and other VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00749 Fmt 8010 Sfmt 8010 E:TEMP220204.XXX 220204rmajette on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction
15、 or networking permitted without license from IHS-,-,-740 47 CFR Ch. II (10110 Edition) 202.1 persons deemed appropriate by the President. (b) In the event of a general war and attack upon the Nation, a national telecommunications capability must exist that will support telecommuni-cations requireme
16、nts with respect to national security, survival and recov-ery. The development of survivable telecommunications to support essen-tial functions (including an emergency broadcasting system), and technical compatibility of signaling methods, transmission modes, switching facili-ties, and terminal devi
17、ces to permit ex-change of communications over the surviving media of all systems, govern-ment or commercial, are crucial ele-ments of such a national capability. In addition, a survivable national tele-communications management struc-ture is necessary to manage initiation, coordination and restorat
18、ion of tele-communications services. The manage-ment structure must include the fol-lowing: (1) Legal authority for telecommuni-cations management. (2) A control mechanism to manage the initiation, coordination and res-toration of telecommunications serv-ices. (3) Procedures to ensure timely dam-age
19、 assessment and allocation of resid-ual resources and controlled restora-tion of services based on national pol-icy/direction. (4) The capability to execute a tele-communications recovery plan based on national policy/guidance. (c) Notwithstanding any provision re-garding NS/EP Planning and Execu-ti
20、on, nothing in this part shall be deemed to affect the authorities or re-sponsibilities of the Director of the Of-fice of Management and Budget, or any Office or official thereof; or reassign any function assigned any agency under the Federal Property and Admin-istrative Services Act of 1949, as ame
21、nded, or under any other law, or any function vested by law in the Fed-eral Communications Commission. 202.1 Policies. (a) The telecommunications re-sources of the Nation will be available for government use during crises and emergencies, wartime and non-war-time, and to satisfy the needs of the pub
22、lic welfare and safety. (b) The National Plan for Tele-communications Support in Non-War-time Emergencies provides procedures for planning and using National tele-communications assets and resources in support of non-wartime emergencies, including those covered by the Disaster Relief Act of 1974, in
23、 Presidentially de-clared Emergencies and Major Disas-ters, Extraordinary Situations, and other emergencies. (c) An NS/EP Telecommunications Service Priority (TSP) System will provide procedures to authorize pri-ority treatment for the provisioning and restoration of NS/EP telecommuni-cations servic
24、es for wartime and non- wartime emergencies. (d) In wartime emergencies, facilities management will remain decentralized to the extent feasible to assure contin-ued flexibility of operational response to critical needs, subject to the man-agement direction and overriding au-thority of those official
25、s delegated to act for and with the consent of the cen-tral point of authority within the Fed-eral Government. (1) Federally owned, leased, and/or operated telecommunications facili-ties, systems, and networks will be managed during such an emergency by the agency normally controlling the fa-cility,
26、 system, or network except that all operations will be subject to the management direction and authority of the officials delegated overall manage-ment responsibility for Federal Gov-ernment systems. (2) Facilities other than those of the Federal Government, with the excep-tion of radio stations in
27、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 op-erating such facilities subject to Fed-eral Communications Commission (FCC) guidance and direction or in ac-cordance with State or loca
28、l 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. VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00750 Fmt 8010 S
29、fmt 8010 E:TEMP220204.XXX 220204rmajette on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-741 Off. of Science and Tech. Policy and Natl. Security Council 202.3 (e) The Director of the Office of Science and Technology Policy i
30、s 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
31、redele-gated as necessary and when it can be exercised within boundaries estab-lished by Presidential authority. (f) Radio frequency utilization during a wartime emergency will be in accord-ance with authorizations, assignments, and mobilization plans in existence at the onset of the emergency. Subj
32、ect to the overriding control of the Director, OSTP, under the Presidents War Emergency Powers, spectrum manage-ment regarding the authorization and assignment of radio frequencies will be made by the National Telecommuni-cations and Information Administra-tion (NTLA) for the Federal Govern-ment, an
33、d the Director, OSTP, through the FCC, for all other entities subject to the Commissions jurisdiction. Radio stations are subject to closure if considered a threat to national secu-rity. (g) Section 706 of the Communica-tions Act of 1934, as amended, confers authority to the President in the mat-ter
34、 of suspension of all rules and regu-lations pertaining to the use and oper-ation of telecommunications facilities, public or private during wartime emer-gencies. 202.2 Criteria and guidance. NS/EP planning in government and industry with respect to effective con-servation and use of surviving tele-
35、communications resources in a dis-aster, emergency or postattack period must provide for orderly and uninhib-ited restoration of services by the car-riers and authoritative control of serv-ices allocation which will assure that priority will be afforded the most crit-ical needs of government and the
36、 pri-vate sector with respect to these objec-tives. (a) The preservation of the integrity of characteristics and capabilities of the Nations telecommunications sys-tems and networks during wartime or non-wartime emergencies is of the ut-most importance. This can best be ac-complished by centralized
37、policy devel-opment, planning, and broad direction. Detailed operations management will remain decentralized in order to retain flexibility in the use of individual sys-tems in responding to the needs of na-tional security, survival and recovery. Each Federal agency responsible for telecommunication
38、s systems oper-ations, and the carriers, are responsible for planning with respect to emergency operations. Guidance in this matter has been issued from a number of sources and contained in: (1) Annex C-XI (Telecommuni-cations), Federal Emergency Plan D (Classified). (2) National Plan for Telecommun
39、i-cations Support in Non-wartime Emer-gencies. (3) The National Communications System Management Plan for Annex C-XI (Telecommunications) Federal Emergency Plan D (Classified). (b) The continuity of essential com-munications services will be main-tained through the use of controls and operational pr
40、ocedures to assure that priority is given to vital services. NS/ EP telecommunications services entail policies, procedures and responsibil-ities as described in parts 211 and 213 of this chapter. (c) The Nations telecommunications systems facilities are vulnerable to physical and radiological damag
41、e. Planning factors with respect to the re-sumption of services in a disaster or postattack period must consider the probable loss of facilities which for-merly provided direct and/or alternate intercity services among surviving pop-ulation centers. Since surviving areas and population centers would
42、 serve as the sources of support to crippled areas of the Nation, the resumption of serv-ices between and among surviving met-ropolitan areas will be a high priority with the carriers. 202.3 Plans preparation and execu-tion. Federal authority, substantive provi-sions, and functional responsibilities
43、 of the executive office are summarized in the following: VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00751 Fmt 8010 Sfmt 8010 E:TEMP220204.XXX 220204rmajette on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-74
44、2 47 CFR Ch. II (10110 Edition) 202.3 (a) Wartime emergency functions. (1) The Assistant to the President for Na-tional 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 Commun
45、ica-tions Act (47 U.S.C. 606), as amended, should the President issue imple-menting 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 und
46、er sec-tion 706(a), (c)(e) of the Communica-tions Act (47 U.S.C. 606), as amended, should the President issue imple-menting 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 assi
47、st the President in coordinating the development of pol-icy, plans, programs and standards within the Federal Government for the identification, allocation and use of the Nations telecommunications re-sources by the Federal Government, and by State and local governments, private industry and volunte
48、er organi-zations, upon request, to the extent practicable and otherwise consistent with the law, during those crises or emergencies in which the exercise of the Presidents war power functions is not required or permitted by law. (ii) Provide policy oversight and di-rection of the activities of the
49、NCS. (2) The Director of the Office of Science and Technology Policy shall: (i) Provide information, advice, guid-ance and assistance, as appropriate, to the President and to those Federal de-partments and agencies with respon-sibilities for the provision, manage-ment or allocation of telecommuni-cations resources during those crises or emergencies in which the exercise of the Presidents war power functions is not required or permitted by law. (ii) Establish a Joint Tel
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