1、746 47 CFR Ch. II (10110 Edition) Pt. 211 NCS, regarding ongoing or prospective activities of the NCS. (14) All Federal departments and agencies shall: (i) Prepare policies, plans and proce-dures concerning telecommunications facilities, services, or equipment under their management or operational c
2、on-trol to maximize their capability to re-spond 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,
3、and in regular consultation with the Executive Agent for the NCS and the NCS Committee of Principals. (ii) Cooperate with and assist the Ex-ecutive Agent for the NCS, the NCS Committee of Principals, the Manager of the NCS, and other departments and agencies in the execution of the func-tions set fo
4、rth in this regulation, fur-nishing them such information, sup-port and assistance as may be required. PART 211EMERGENCY RESTORA-TION PRIORITY PROCEDURES FOR TELECOMMUNICATIONS SERV-ICES Sec. 211.0 Purpose. 211.1 Authority. 211.2 Definitions. 211.3 Scope and coverage. 211.4 Policy. 211.5 Priorities.
5、 211.6 Submission and processing of restora-tion priority requests. 211.7 Obligation of carriers. AUTHORITY: 84 Stat. 2083 and Executive Order 12046, 43 FR, 13349 et seq., March 29, 1978. SOURCE: 43 FR 50431, Oct. 30, 1978, unless otherwise noted. 211.0 Purpose. This part establishes policies and pr
6、ocedures under which government and private entities will be furnished restoration priorities to insure that leased intercity private line tele-communications services vital to the national interest will be maintained during the continuance of a war in which the United States engaged. It su-persedes
7、 the Director of Telecommuni-cations Management Order of January 15, 1967 (32 FR 791, 47 CFR part 201), which is hereby canceled. To assure the effective ability to implement its pro-visions, and also in order that govern-ment and industry resources may be used effectively under all conditions rangi
8、ng from national emergencies to international crises, including nuclear attack, a single set of rules and proce-dures is essential, and they must be ap-plied on a day-to-day basis so that the priorities they establish can be imple-mented at once when the occasion arises. As provided for in part 18 o
9、f Ex-ecutive Order 11490, as amended (3 CFR, 19661970 Comp., p. 820), policies, plans, and procedures developed pursuant to the Executive order shall be in con-sonance with the plans and policies contained in this part. 211.1 Authority. (a) Authority to direct priorities for the restoration of commu
10、nications services in national emergencies is vested in the President, including au-thority conferred by section 103 of the National Security Act of 1947, as amended (50 U.S.C. 404), section 101 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2070), section 201 of the Federal Civil
11、 Defense Act of 1950, as amended (50 U.S.C. App. 2281), section 1 of Reorganization Plan No. 1 of 1958, as amended (3 CFR, 19541958 Comp., p. 447), and section 606 of the Federal Communications Act of 1934, as amended. (47 U.S.C. 606). (b) Authority to develop plans poli-cies, and procedures for the
12、 establish-ment of such restoration priorities has been delegated to the National Secu-rity Council, by Executive Orders 11051, 11490, and by the Presidents Memo-randum of August 21, 1963 (28 FR 9413, 3 CFR part 858 (195963 comp.), all as amended by Executive Order 12046, (FR 43, 13349 et seq.). 211
13、.2 Definitions. The following definitions apply here-in (a) Communications common carrier or carrier means any person gaged in com-munications common carriage for hire, in intrastate, interstate, or inter-national telecommunications. VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00756 F
14、mt 8010 Sfmt 8010 E:TEMP220204.XXX 220204rmajette on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-747 Off. of Science and Tech. Policy and Natl. Security Council 211.4 (b) Circuit means a carriers specific designation of the
15、 overall facilities provided between, and including, ter-minals for furnishing service. When service involves network switching, cir-cuit includes those circuits between subscriber premises and switching cen-ters (access lines) and those between switching centers (trunks). (c) Station means transmit
16、ting or re-ceiving equipment or combination transmitting and receiving equipment, at any location, or any premise, con-nected for private line service. (d) Private line service means leased intercity private line service provided by carriers for intercity domestic and international communications ov
17、er in-tegrated communications pathways, and includes interchange facilities, local channels, and station equipment which may be integral components of such communications service. (e) Restoration means the re-commencement of service by patching, rerouting, substitution of component parts, and other
18、means, as determined necessary by a carrier. (f) Government means Federal, for-eign, State, county, municipal, and other local government agencies. Spe-cific qualifications will be supplied whenever reference to a particular level of government is intended, e.g., Federal Government, State government
19、. Foreign Government includes coalitions of governments secured by treaty, in-cluding NATO, SEATO, OAS, UN, and associations of governments or govern-ment agencies, including the Pan American Union, International Postal Union, and International Monetary Fund. Quasi-government includes elee-mosynary
20、relief organizations, such as the Red Cross organizations. (g) National Communications System (NCS) means that system established by the Presidents Memorandum of Au-gust 21, 1963, Establishment of a Na-tional Communications System (28 FR 9413, 3 CFR, 1959-1963 Comp., p. 858). (h) Executive Agent mea
21、ns the Execu-tive Agent of the National Communica-tions System. (i) Commission means the Federal Communications Commission. 211.3 Scope and coverage. (a) The priority system and proce-dures established by this part are ap-plicable to: (1) U.S. domestic leased intercity pri-vate line services, includ
22、ing private line switched network services; (2) U.S. international leased private line services to the point of foreign entry; (3) Foreign extensions of U.S. inter-national leased private line services to the extent possible through agreement between U.S. carriers and foreign cor-respondents; (4) In
23、ternational leased private line services terminating in or transiting the United States; (5) Federal Government-owned and leased circuits. (b) The priority system and proce-dures established by this part are not applicable to operational circuits or order wires of the carriers needed for circuit rea
24、ctivation and maintenance purposes, which shall have priority of restoration over all other circuits and shall be exempt from interruption for the purpose of restoring priority serv-ices. 211.4 Policy. During the continuance of a war in which the United States is engaged and when the provisions of t
25、his part are in-voked, all communications common carriers shall comply with the fol-lowing principles insofar as possible: (a) Whenever necessary to maintain or restore a service having a designated priority, services having lower pri-ority, lower subpriority, or no priority, will be interrupted in
26、the reverse order of priority starting with nonpriority services. (b) When services are interrupted to restore priority services, carriers will endeavor if feasible to notify users of the reason for the preemption. (c) When public correspondence cir-cuits are needed to satisfy require-ments for prio
27、rity services, idle cir-cuits will be selected first. A minimum number of public correspondence cir-cuits shall at all times be kept avail-able so as to provide for the trans-mission of precedence-type messages and calls. VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00757 Fmt 8010 Sfmt
28、 8010 E:TEMP220204.XXX 220204rmajette on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-748 47 CFR Ch. II (10110 Edition) 211.5 (d) Communications common carriers will not interrupt conversations having priority classification
29、 except insofar as necessary to restore services of higher priority. (e) It is recognized that as a practical matter in providing for the mainte-nance or restoration of a priority serv-ice or services operating within a mul-tiple circuit-type facility (such as a carrier band, cable, or multiplex sys
30、-tem), lower priority, lower subpriority, or nonpriority services on paralleled channels within a band or system may be restored concurrently with higher priority services. Such reactivation shall not, however, interfere with the expedited restoration of other priority services. (f) The Executive Ag
31、ent is authorized to instruct the carriers on the percent-age of government-switched network intermachine trunks to be restored to provide capacity for priority access line traffic. (g) The carriers are authorized to honor NCS-certified priorities from other authorized carriers for leased fa-cilitie
32、s. (h) The carriers are authorized to honor restoration priorities certified by the Executive Agent. (i) To ensure the effectiveness of the system of restoration priorities estab-lished by this part it is essential that rigorous standards be applied. Users are requested and directed to examine their
33、 private line service requirements in light of the criteria specified in this part and with regard to the availability of alternate communications facilities such as public correspondence message services, and Government-owned emer-gency communications systems. 211.5 Priorities. There are hereby est
34、ablished four levels of restoration priority. Within each level, subpriorities may be estab-lished by the Executive Agent, with the concurrence of the National Secu-rity Council, for both government and nongovernment services. The subprior-ities categories currently in use, which have been establish
35、ed by the Executive Agent will remain in effect until modi-fied. Compatibility of subcategories ap-plicable to government and nongovern-ment users is essential to achieve the objective of a single restoration pri-ority system. (a) Priority 1. Priority 1 shall be the highest level of restoration prio
36、rity, and shall be afforded only to Federal and Foreign Government private line services, and to Industrial/Commercial services which are designated for pre-arranged voluntary participation with the Federal Government in a national emergency. Circuit requirements in this level of priority shall be l
37、imited to those esential to national survival if nuclear attack occurs for: (1) Obtaining or disseminating crit-ical intelligence concerning the attack, or immediately necessary to maintain the internal security of the United States; (2) Conducting diplomatic negotia-tions critical to the arresting
38、or lim-iting of hostilities; (3) Executing military command and control functions essential to defense and retaliation; (4) Giving warning to the U.S. popu-lation; (5) Maintaining federal Government functions essential to national survival under nuclear attack conditions. (b) Priority 2. Priority 2
39、shall be the second highest level of restoration pri-ority, and shall be afforded only to Federal and Foreign Government pri-vate line services, and to Industrial/ Commercial services which are des-ignated for prearranged voluntary par-ticipation with the Federal Govern-ment in a national emergency.
40、 Circuit requirements in this level shall be lim-ited to those essential, at a time when nuclear attack threatens, to maintain an optimum defense posture and to give civil alert to the U.S. population. These are circuit requirements whose unavailability would present serious dangers: (1) Reducing si
41、gnificantly the pre-paredness of U.S. defense and retalitory forces; (2) Affecting adversely the ability of the United States to conduct critical preattack diplomatic negotiations to reduce or limit the threat of war; (3) Interfering with the effectual di-rection of the U.S. population in the intere
42、st of civil defense and survival; VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00758 Fmt 8010 Sfmt 8010 E:TEMP220204.XXX 220204rmajette on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-749 Off. of Science and Te
43、ch. Policy and Natl. Security Council 211.6 (4) Weakening U.S. capability to ac-complish critical national internal se-curity functions; (5) Inhibiting the provision of essen-tial Federal Government functions nec-essary to meet a preattack situation. (c) Priority 3. Priority 3 shall be the third hig
44、hest level of restoration pri-ority and shall be afforded to govern-ment, quais-government, and Indus-trial/Commercial private line services: Provided, however, That Priority 3 will be afforded circuits serving Industrial/ Commercial, State, county, municipal, and quasi-state and local government ag
45、encies only where, during an emer-gency, at least one station in the cir-cuit (or in connected circuits if switched service is involved) will be manned continually, or where such cir-cuits are automated and will be under constant surveillance from a remote location. Circuit requirements in this leve
46、l shall be limited to those nec-essary for U.S. military defense and di-plomacy, for law and order, and for na-tional health and safety in a national emergency involving heightened possi-bility of hostilities. These are curcuit requirements needed to: (1) Insure performance of critical lo-gistic fun
47、ctions, public utility services, and administrative-military support functions; (2) Inform key diplomatic posts of the situation and of U.S. intentions; (3) Secure and disseminate urgent in-telligence; (4) Distribute essential food and other supplies critical to health; (5) Provide for critical dama
48、ge con-trol functions; (6) Provide for hospitalization; (7) Continue critical Government functions; (8) Provide transportation for the foregoing activities. (d) Priority 4. Priority shall be the fourth highest restoration priority and shall be afforded to government, quasi- government, and Industria
49、l/Commer-cial private line services: Provided, however, That Priority 4 will be af-forded circuits serving Industrial/Com-mercial, State, county, municipal, and quasi-state and local government agen-cies only where, during an emergency, at least one station in the circuit (or in connected circuits if switched service is involved) will be manned contin-ually, or where such circuits are auto-mated and will be under constant sur-veillance from a remote location. Cir-cu
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