1、755 Off. of Science and Tech. Policy and Natl. Security Council 214.2 Immediate Emergency, or Priority Emergency call, whichever the case may be. (e) Any apparent misuse of prece-dence indicators by non-Federal Gov-ernment activities brought to the at-tention of the communication common carriers sha
2、ll be referred to the FCC on and after-the-fact basis. (f) Any apparent misuse by Federal Government activities brought to the attention of the communication com-mon carriers shall be referred to the Executive Agent, National Commu-nications System. The Executive Agent will refer any matter which ca
3、nnot be resolved with the cognizant Govern-ment activity to the National Security Council, for decision. (g) It is essential to provide public message and call capability for the transmission of military, govern-mental, and essential non-Government precedence messages and calls. Private line service
4、s for military, govern-mental, and other essential users are protected under a Priority System for Intercity Private Line Services pro-mulgated by the FCC (FCC Order 6751) and the National Security Council. However, during national emergencies, military, governmental, and other es-sential users will
5、 have additional re-quirements for prompt completion of precedence traffic over public cor-respondence communication common carrier facilities. Therefore, notwith-standing the provisions of the above- described Priority System for Intercity Private Line Services, communication common carriers shall
6、have available a minimum number of public correspond-ence circuits at all times so as to pro-vide for the transmission of precedence type messages and calls. Normally, the communication common carriers shall use their judgment in determining this number of circuits required for public correspondence
7、 precedence traffic. However, the authority is reserved to the National Security Council or the Federal Communications Commission, as appropriate to the time and situa-tion, to revise the decisions of the car-riers respecting the allocation of cir-cuits, and to resolve any questions which are referr
8、ed to them by the car-riers or the users. 213.8 Implementation. Federal departments and agencies are authorized to issue such additional orders as are necessary to effect imple-mentation of this circular. PART 214PROCEDURES FOR THE USE AND COORDINATION OF THE RADIO SPECTRUM DURING A WARTIME EMERGENC
9、Y Sec. 214.0 Authority. 214.1 Purpose. 214.2 Scope. 214.3 Assumptions. 214.4 Planned actions. 214.5 Responsibilities. 214.6 Postattack procedures and actions. AUTHORITY: 84 Stat. 2083 and E.O. 12472, April 3, 1984, (49 FR 13471; 3 CFR, 1984 Comp., p. 193). SOURCE: 55 FR 51062, Dec. 11, 1990, unless
10、otherwise noted. 214.0 Authority. The provisions of this part 214 are issued pursuant to Reorganization Plan No. 1 of 1977, 42 FR 56101, 91 Stat. 1633, as amended (5 U.S.C. appendix) and Ex-ecutive Order 12472. This part 214 re-places Annex 1 of DMO 3000.1, dated No-vember 8, 1963, 28 FR 12273. 214.
11、1 Purpose. The purpose of this part is to provide guidance for the use of the radio spec-trum in a period of war, or a threat of war, or a state of public peril or other wartime emergency. 214.2 Scope. This part covers procedures for the use of radio frequencies upon procla-mation by the President t
12、hat there ex-ists war, or a threat of war or a state of public peril or other wartime emer-gency or in order to preserve the neu-trality of the United States. These pro-cedures will be applied in the coordina-tion, application for, and assignment of radio frequencies upon order of the Di-rector, OST
13、P. These procedures are in-tended to be consistent with the provi-sions and procedures contained in emergency plans for use of the radio spectrum. VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00765 Fmt 8010 Sfmt 8010 E:TEMP220204.XXX 220204rmajette on DSK29S0YB1PROD with CFRProvided by
14、 IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-756 47 CFR Ch. II (10110 Edition) 214.3 214.3 Assumptions. When the provisions of this part be-come operative, Presidential emer-gency authority, including Executive Order 12656, 12472, 12046 (3 CFR, 1966 1970 Com
15、p., p. 820), and other emer-gency plans regarding the allocation and use of national resources will be in effect. During an attack, and in a postattack period, the Director, OSTP, will have authority to make new or re-vised assignments of radio frequencies in accordance with authority delegated by t
16、he President. 214.4 Planned actions. (a) Whenever it is determined nec-essary to exercise, in whole or in part, the Presidents emergency authority over telecommunications, the Director, OSTP, will exercise that authority as specified in Executive Order 12472 (49 FR 13471; 3 CFR, 1984 Comp., p. 193).
17、 (b) In this connection, and concur-rently with the war or national emer-gency proclamation by the President, the Director will: (1) Authorize the continuance of all frequency authorizations issued by the National Telecommunications and In-formation Administration (NTIA) and the Federal Communicatio
18、ns Commis-sion (FCC), except as they may other-wise be modified or revoked by the Di-rector, OSTP, in the national interest; (2) Redelegate to the Secretary of De-fense the authority necessary to con-trol the use of the radio spectrum in areas of active combat, where such control is necessary to the
19、 support of U.S. military operations; (3) Close all non-government radio stations in the international broad-casting service as defined in the FCC rules and regulations, except those car-rying or scheduled to carry U.S. Gov-ernment-controlled radio broadcasts. 214.5 Responsibilities. (a) The Directo
20、r, OSTP, will issue such policy guidance, rules, regula-tions, procedures, and directives as may be necessary to assure effective frequency usage during wartime emer-gency conditions. (b) The FCC, in coordination with NTIA, shall issue appropriate rules, regulations, orders, and instructions and tak
21、e such other actions not incon-sistent with the actions of the Direc-tor, OSTP, and the NTIA Emergency Readiness Plan for Use of the Radio Spectrum as may be necessary to en-sure the effective use of those portions of the radio spectrum shared by Gov-ernment and non-governments users. (c) The FCC sh
22、all assist the Director in the preparation of emergency plans pursuant to section 3(h)(3) of Executive Order 12472. (d) Each Federal Government agency concerned shall develop and be pre-pared to implement its own plans, and shall make necessary preemergency ar-rangements with non-government enti-tie
23、s for the provision of desired facili-ties or services, all subject to the guid-ance and control of the Director. 214.6 Postattack procedures and ac-tions. (a) The frequency management staff supporting the Director, OSTP, com-prised of predesignated personnel from the frequency management staffs of
24、the government user agencies, NTIA and the FCC, will have proceeded to the OSTP relocation site in accordance with alerting orders in force. (b) Government agencies having need for new radio frequency assignments or for modification of existing assign-ments involving a change in the fre-quency usage
25、 pattern shall, unless oth-erwise provided, submit applications therefor to the Director, OSTP, by whatever means of communication are available and appropriate, together with a statement of any preapplication coordination accomplished. The Direc-tor, OSTP, will review such applica-tions accomplish
26、the necessary addi-tional coordination insofar as prac-ticable, consider all pertinent views and comments, and grant or deny, as he shall determine, the assignment of such frequencies. All concerned will be informed promptly of his decisions. (c) Non-Government entities having need for new radio fre
27、quency assign-ments or for modifications of existing assignments will continue to submit applications therefor to the FCC, or in accordance with FCC instructions. Such applications shall be coordinated with the Director, OSTP, and granted subject to the approval of the Director, OSTP, or his delegat
28、e. VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00766 Fmt 8010 Sfmt 8010 E:TEMP220204.XXX 220204rmajette on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-757 Off. of Science and Tech. Policy and Natl. Security C
29、ouncil Pt. 216 (d) All changes of radio frequency usage within U.S. military theaters of operation will be coordinated with the Director, OSTP, where harmful inter-ference is likely to be caused to sta-tions authorized to operate within the United States and its possessions. (e) Where submission to
30、the Director, OSTP, is impracticable, the applicant shall: (1) Consult the NTIA Emergency Readiness Plan for use of the Radio Spectrum and the Government Master File; (2) Accomplish such coordination as appropriate and possible; (3) Act in such manner as to have a minimum impact upon established ser
31、vices, accepting the responsibility entailed in taking the temporary ac-tion required; (4) Advise the Director, OSTP, as soon as possible of the action taken, and submit an application for retro-active approval. PART 215FEDERAL GOVERNMENT FOCAL POINT FOR ELECTRO-MAGNETIC PULSE (EMP) INFOR-MATION Sec
32、. 215.0 Purpose and authority. 215.1 Background. 215.2 Assignment of responsibilities. AUTHORITY: 84 Stat. 2083, and E.O. 12472, April 3, 1984 (49 FR 13471 et seq.). SOURCE: 55 FR 51063, Dec. 11, 1990, unless otherwise noted. 215.0 Purpose and authority. The purpose of this part is to des-ignate a f
33、ocal point within the Federal Government for electromagnetic pulse (EMP) information concerning tele-communications. It is issued pursuant to the authority of Reorganization Plan No. 1 of 1977, 42 FR 56101, 91 Stat. 1633, as amended (5 U.S.C. appendix), Executive Order 12472, (49 FR 13471; 3 CFR, 19
34、84 Comp., p. 193), Assignment of National Security and Emergency Preparedness Telecommunications, April 3, 1984 and Executive Order 12046, 43 FR 13349, Relating to the Transfer of Telecommunications Functions, May 27, 1978, as amended by Executive Order 12472. 215.1 Background. (a) The nuclear elect
35、romagnetic pulse (EMP) is part of the complex en-vironment produced by nuclear explo-sions. It consists of transient voltages and currents which can cause malfunc-tioning and serious damage to elec-trical and electronic equipment. (b) The Defense Nuclear Agency (DNA) is the overall technical coordi-
36、nator for the Army, Navy, Air Force, and DOE laboratories on matters con-cerning nuclear weapons, nuclear weap-ons effects, and nuclear weapons test-ing. It acts as the focal point between the service laboratories and other agencies. The National Communica-tions System (NCS), with the Defense Commun
37、ications Agency (DCA), main-tains a data base for telecommuni-cations. DCA also provides the primary capability for the NCS to conduct tele-communications survivability studies for civil and military departments and agencies. (c) In order to disseminate among af-fected Federal agencies information c
38、oncerning the telecommunications ef-fects of EMP and available protective measures, and in order to avoid dupli-cation of research efforts, it is desir-able to designate a focal point within the Federal Government for tele-communications EMP matters. 215.2 Assignment of responsibilities. The Executi
39、ve Agent, NCS, shall be the focal point within the Federal Gov-ernment for all EMP technical data and studies concerning telecommuni-cations. It shall provide such data and the results of such studies to all appro-priate agencies requesting them. It shall coordinate and approve EMP tele-communicatio
40、ns tests and studies, and shall keep the National Security Advi-sor informed regarding such tests and studies being conducted and planned. PART 216NATIONAL COMMU-NICATIONS SYSTEM ISSUANCE SYSTEM Sec. 216.1 NCS Directives. 216.2 Publication of Directives. APPENDIX TO PART 216NCS DIRECTIVES VerDate Mar2010 11:43 Jan 07, 2011 Jkt 220204 PO 00000 Frm 00767 Fmt 8010 Sfmt 8010 E:TEMP220204.XXX 220204rmajette on DSK29S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
