Sec.  0.186   Emergency Relocation Board.

   (a) As specified in the Commission's Continuity of Operations Plan and
   consistent with the exercise of the War Emergency Powers of the President as
   set forth in section 706 of the Communications Act of 1934, as amended, if
   the full Commission or a quorum thereof is unable to act, an Emergency
   Relocation Board will be convened at the Commission's Headquarters or other
   relocation site designated to serve as Primary FCC Staff to perform the
   functions of the Commission. Relocation may be required to accommodate a
   variety of emergency scenarios. Examples include scenarios in which FCC
   headquarters is unavailable or uninhabitable; or many, if not all, agencies
   must evacuate the immediate Washington, DC, area. The FCC's Continuity of
   Operations Plan (COOP) includes the deliberate and pre-planned movement of
   selected key principals and supporting staff to a relocation facility. As an
   example, a sudden emergency, such as a fire or hazardous materials incident,
   may require the evacuation of FCC headquarters with little or no advance
   notice, but for only a short duration. Alternatively, an emergency so severe
   that FCC headquarters is rendered unusable and likely will be for a period
   long enough to significantly impact normal operations, may require COOP
   implementation. Nothing in this subsection shall be construed to diminish
   the authority of the Commission or its staff to perform functions of the
   Commission at the Commission's headquarters or other relocation site using
   existing authority provided for elsewhere in this Chapter.

   (b) The Board shall comprise such Commissioners as may be present (including
   Commissioners available through electronic communications or telephone) and
   able to act. In the absence of the Chairman, the Commissioner present with
   the  longest  seniority in office will serve as acting Chairman. If no
   Commissioner is present and able to act, the person designated as next most
   senior official in the Commission's Continuity of Operations Plan will head
   the Board.

   [ 69 FR 30234 , May 27, 2004]

Public Safety and Homeland Security Bureau