1、737 PART 201EXECUTIVE POLICY Sec. 201.0 Background. 201.1 Authority. 201.2 Definitions. 201.3 Policy. 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
2、Comp., p. 158); E.O. 12472, April 3, 1984 (49 FR 13471; 3 CFR, 1984 Comp., p. 193); E.O. 12656, November 18, 1988 (53 FR 47491; 3 CFR, 1988 Comp., p. 585). SOURCE: 55 FR 51056, Dec. 11, 1990, unless otherwise noted. 201.0 Background. National policy with respect to the conservation, allocation and u
3、se of the Nations telecommunications resources during crises and emergencies is set forth in Executive Order 12472. The fol-lowing parts of this chapter address specific responsibilities with respect to management of telecommunications resources and related procedures which bear upon provision, rest
4、oration and continuity of telecommunications services during crises and emergencies. In doing so, the chapter encompasses both national security and emergency preparedness activities, consistent with Executive Order 12472. This con-cept of national security and emer-gency preparedness telecommuni-ca
5、tions services (as defined in 201.2(g) includes crises that do not necessarily entail serious degradation of, or seri-ous threats to, national security. It therefore is a broader concept than the term national security emergency preparedness activities in Executive Order 12656, which concerns only n
6、a-tional security emergencies, and pre-paredness activities necessarily related to such emergencies. 201.1 Authority. (a) Authorities and responsibilities related to and bearing upon national security and emergency preparedness telecommunications matters are set forth in: (1) Section 706 of the Comm
7、unica-tions Act of 1934 (48 Stat. 1104, 47 U.S.C. 606), as amended. (2) The National Security Act of 1947, as amended (61 Stat. 496, 50 U.S.C. 402). (3) The Federal Civil Defense Act of 1950, as amended (50 U.S.C. app. 2251 et seq.). (4) The Disaster Relief Act of 1974 (42 U.S.C. 5121 et seq.). (5)
8、The National Science and Tech-nology Policy, Organization, and Prior-ities Act of 1976 (90 State. 463, 42 U.S.C. 6611). (6) Executive Order 12046, Relating to the Transfer of Telecommunications Functions, March 27, 1978 (43 FR 13349; 3 CFR, 1978 Comp., p. 158). (7) Executive Order 12472, Assign-ment
9、 of National Security and Emer-gency Preparedness Telecommuni-cations Functions, April 3, 1984 (49 FR 13471; 3 CFR, 1984 Comp., p. 193). (b) Authorities to be exercised in the execution and performance of emer-gency functions are subject to the pro-visions of the National Emergencies Act of 1976 (90
10、 Stat. 1255, 50 U.S.C. 1601). 201.2 Definitions. The following definitions apply here-in: (a) Communications common carrier, specialized carrier, or carrier means any individual, partnership, association, joint stock company, trust, or corpora-tion subject to Federal or State regula-tion engaged in
11、providing tele-communications facilities or services, for use by the public, for hire. (b) Government means Federal, State, county, municipal, and other local gov-ernment authority. Specific qualifica-tion will be provided whenever ref-erence to a particular level of govern-ment is intended. (c) Joi
12、nt Telecommunications Resources Board (JTRB) means that organization established by the Director, Office of Science and Technology Policy, pursu-ant to Executive Order 12472 to assist the Director, OSTP, in exercising the non-wartime emergency telecommuni-cations functions assigned by Execu-tive Ord
13、er 12472. (d) The National Communications Sys-tem (NCS) means that organization es-tablished by Executive Order 12472 con-sisting of the telecommunications as-sets of the entities represented on the NCS Committee of Principals and an administrative structure consisting of VerDate Mar2010 11:43 Jan 0
14、7, 2011 Jkt 220204 PO 00000 Frm 00747 Fmt 8010 Sfmt 8010 E:TEMP220204.XXX 220204rmajette on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-738 47 CFR Ch. II (10110 Edition) 201.3 the Executive Agent, the NCS Com-mittee of Prin
15、cipals and the Manager. The NCS Committee of Principals con-sists of representatives from those Fed-eral departments, agencies or entities, designated by the President, which lease or own telecommunications fa-cilities or services of significance to national security and emergency pre-paredness, and
16、, to the extent permitted by law, other Executive entities which bear policy, regulatory or enforcement responsibilities of importance to na-tional security and emergency pre-paredness telecommunications capa-bilities. The NCS is a confederative ar-rangement in which member Federal agencies particip
17、ate with their owned and leased telecommunications assets to provide necessary communications services for the Federal Government, under all conditions, including nuclear war. (e) National Coordinating Center (NCC) refers to the joint industry-government telecommunications entity established by the
18、NCS pursuant to Executive Order 12472 to assist in the initiation, coordination, restoration and recon-stitution of national security and emergency preparedness telecommuni-cations services or facilities under all conditions of crisis or emergency. (f) National priorities means those es-sential acti
19、ons and activities in which the government and the private sector must become engaged in the interests of national survival and recovery. (g) National security and emergency preparedness (NS/EP) telecommunications services, or NS/EP services, means those telecommunication services which are used to
20、maintain a state of readiness or to respond to and manage any event or crisis (local, national, or international) which causes or could cause injury or harm to the population, damage to or loss of property, or degrades or threat-ens the NS/EP posture of the United States. (h) NS/EP treatment refers
21、to the pro-visioning of a telecommunications service before others based on the pro-visioning priority level assigned by the Executive Office of the President. (i) National Telecommunications Man-agement Structure (NTMS) means a sur-vivable and enduring management structure which will support the ex
22、er-cise of the war power functions of the President under section 706 of the Com-munications Act of 1934 (47 U.S.C. 606), as amended. (j) Private sector means those sectors of non-government entities that are users of telecommunications services. (k) Telecommunications means any transmission, emissi
23、on, or reception of signs, signals, writing, images, graph-ics, and sounds or intelligence of any nature by wire, radio, optical, or other electromagnetic systems. (l) Telecommunications resources in-clude telecommunications personnel, equipment, material, facilities, sys-tems, and services, public
24、and private, wheresoever located within the juris-diction of the United States. (m) Wartime emergency means a crisis or event which permits the exercise of the war power functions of the Presi-dent under section 706 of the Commu-nications Act of 1934 (47 U.S.C. 606), as amended. 201.3 Policy. (a) Th
25、e Federal Government is re-sponsible for resources mobilization, including determination of the need for and the extent of mobilization nec-essary in all crises and emergencies, wartime and non-wartime. (b) The President has limited non- wartime NS/EP telecommunications functions, and wartime NS/EP
26、func-tions under the Communications Act of 1934 (as amended), which have been del-egated to Federal agencies under Exec-utive Order 12472. Federal, State, and local governments share the responsi-bility for conservation of the Nations telecommunications resources. (1) The achievement of survival and
27、 recovery during a crisis or emergency would establish an unavoidable inter-dependence between and among Fed-eral, State, and local authorities; therefore, there should be no barriers between Federal and State levels of au-thorities and between State and local levels of authorities which would im-pe
28、de, obstruct, or otherwise hinder ef-fective conservation and equitable allo-cation of telecommunications re-sources and services to the needs of the Nation. VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00748 Fmt 8010 Sfmt 8010 E:TEMP220204.XXX 220204rmajette on DSK29S0YB1PROD with CFR
29、Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-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 o
30、r control of intrastate carrier services and con-tinuity of interconnectivity with inter-state carriers 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
31、 Federal and State authorities for the management of NS/EP intrastate carrier services and the interconnectivity of intrastate services for NS/EP telecommunications functions. (c) A system of telecommunications service priorities will be established which facilitates the provisioning and early resto
32、ration of services considered vital to national interests during those events or crises which warrant 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 telecommunica
33、tions systems and to make such tele-communications available to State and local government officials 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 establi
34、sh priorities for es-sential communications with any com-mercial or governmental carrier and to prevent 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 telecommunicat
35、ions resources with regard to: (1) Radio communications (during war, or Presidentially declared threat 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
36、 States by an aggressor nation, and in an immediate postattack period, all de-cisions regarding the 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 conc
37、erned with the maintenance and saving of lives, immediate military defense and response, and economic 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 di
38、rect the activi-ties of the Nations telecommuni-cations facilities, systems, and services during periods 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, a
39、s required, to best serve the continuity of government and national interests. (i) Federal agencies 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 SECURI
40、TY AND EMERGENCY PREPARED-NESS PLANNING AND EXECU-TION Sec. 202.0 Objectives. 202.1 Policies. 202.2 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.
41、6611); E.O. 12046, March 27, 1978 (43 FR 13349; 3 CFR, 1978 Comp., p. 158); E.O. 11021, May 7, 1962 (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) Durin
42、g, or in anticipation of, a non-wartime emergency or natural dis-aster, a telecommunications capacity 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 or networking permitted without license from IHS-,-,-
