FCC 64.5001 as of October 1, 2008

Goto Section: 64.5000 | 64.5001 | Table of Contents

FCC 64.5001
Revised as of October 1, 2008
Goto Year:2007 | 2009

Sec. 64.5001 Reporting and certification requirements.

(a) All prepaid calling card providers must report prepaid calling card
percentage of interstate use (PIU) factors, and call volumes from which
these factors were calculated, based on not less than a one-day
representative sample, to those carriers from which they purchase transport
services. Such reports must be provided no later than the 45th day of each
calendar quarter for the previous quarter.

(b) I`f a prepaid calling card provider fails to provide the appropriate PIU
information to a transport provider in the time allowed, the transport
provider may apply a 50 percent default PIU factor to the prepaid calling
card provider's traffic.

(c) On a quarterly basis, every prepaid calling card provider must submit to
the Commission a certification, signed by an officer of the company under
penalty of perjury, providing the following information with respect to the
prior quarter:

(1) The percentage of intrastate, interstate, and international calling card
minutes for that reporting period;

(2) The percentage of total prepaid calling card service revenue (excluding
revenue from prepaid calling cards sold by, to, or pursuant to contract with
the Department of Defense (DoD) or a DoD entity) attributable to interstate
and international calls for that reporting period;

(3) A statement that it is making the required Universal Service Fund
contribution based on the reported information; and

(4) A statement that it has complied with the reporting requirements
described in paragraph (a) of this section.

Appendix A to Part 64—Telecommunications Service Priority (TSP) System for
National Security Emergency Preparedness (NSEP)

1. Purpose and Authority

a. This appendix establishes policies and procedures and assigns
responsibilities for the National Security Emergency Preparedness (NSEP)
Telecommunications Service Priority (TSP) System. The NSEP TSP System
authorizes priority treatment to certain domestic telecommunications
services (including portions of U.S. international telecommunication
services provided by U.S. service vendors) for which provisioning or
restoration priority (RP) levels are requested, assigned, and approved in
accordance with this appendix.

b. This appendix is issued pursuant to sections 1, 4(i), 201 through 205 and
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i),
201 through 205 and 303(r). These sections grant to the Federal
Communications Commission (FCC) the authority over the assignment and
approval of priorities for provisioning and restoration of common
carrier-provided telecommunications services. Under section 706 of the
Communications Act, this authority may be superseded, and expanded to
include non-common carrier telecommunication services, by the war emergency
powers of the President of the United States. This appendix provides the
Commission's Order to telecommunication service vendors and users to comply
with policies and procedures establishing the NSEP TSP System, until such
policies and procedures are superseded by the President's war emergency
powers. This appendix is intended to be read in conjunction with regulations
and procedures that the Executive Office of the President issues (1) to
implement responsibilities assigned in section 6(b) of this appendix, or (2)
for use in the event this appendix is superseded by the President's war
emergency powers.

c. Together, this appendix and the regulations and procedures issued by the
Executive Office of the President establish one uniform system of priorities
for provisioning and restoration of NSEP telecommunication services both
before and after invocation of the President's war emergency powers. In
order that government and industry resources may be used effectively under
all conditions, a single set of rules, regulations, and procedures is
necessary, and they must be applied on a day-to-day basis to all NSEP
services so that the priorities they establish can be implemented at once
when the need arises.

*In sections 2(a)(2) and 2(b)(2) of Executive Order No. 12472, “Assignment
of National Security and Emergency Preparedness Telecommunications
Functions” April 3, 1984 ( 49 FR 13471 (1984)), the President assigned to the
Director, Office of Science and Technology Policy, certain NSEP
telecommunication resource management responsibilities. The term “Executive
Office of the President” as used in this appendix refers to the official or
organization designated by the President to act on his behalf.

2. Applicability and Revocation

a. This appendix applies to NSEP telecommunications services:

(1) For which initial or revised priority level assignments are requested
pursuant to section 8 of this appendix.

(2) Which were assigned restoration priorities under the provision of FCC
Order 80–581; 81 FCC 2d 441 (1980); 47 CFR part 64, appendix A, “Priority
System for the Restoration of Common Carrier Provided Intercity Private Line
Services”; and are being resubmitted for priority level assignments pursuant
to section 10 of this appendix. (Such services will retain assigned
restoration priorities until a resubmission for a TSP assignment is
completed or until the existing RP rules are terminated.)

b. FCC Order 80–581 will continue to apply to all other intercity, private
line circuits assigned restoration priorities thereunder until the fully
operating capability date of this appendix, 30 months after the initial
operating capability date referred to in subsection d of this section.

c. In addition, FCC Order, “Precedence System for Public Correspondence
Services Provided by the Communications Common Carriers” ( 34 FR 17292
(1969)); (47 CFR part 64, appendix B), is revoked as of the effective date
of this appendix.

d. The initial operating capability (IOC) date for NSEP TSP will be nine
months after release in theFederal Registerof the FCC's order following
review of procedures submitted by the Executive Office of the President. On
this IOC date requests for priority assignments generally will be accepted
only by the Executive Office of the President.

3. Definitions

As used in this part:

a. Assignment means the designation of priority level(s) for a defined NSEP
telecommunications service for a specified time period.

b. Audit means a quality assurance review in response to identified
problems.

c. Government refers to the Federal government or any foreign, state,
county, municipal or other local government agency or organization. Specific
qualifications will be supplied whenever reference to a particular level of
government is intended (e.g., “Federal government”, “state government”).
“Foreign government” means any sovereign empire, kingdom, state, or
independent political community, including foreign diplomatic and consular
establishments and coalitions or associations of governments (e.g., North
Atlantic Treaty Organization (NATO), Southeast Asian Treaty Organization
(SEATO), Organization of American States (OAS), and government agencies or
organization (e.g., Pan American Union, International Postal Union, and
International Monetary Fund)).

d. National Communications System (NCS) refers to that organization
established by the President in Executive Order No. 12472, “Assignment of
National Security and Emergency Preparedness Telecommunications
Functions,” April 3, 1984, 49 FR 13471 (1984).

e. National Coordinating Center (NCC) refers to the joint telecommunications
industry-Federal government operation established by the National
Communications System to assist in the initiation, coordination,
restoration, and reconstitution of NSEP telecommunication services or
facilities.

f. National Security Emergency Preparedness (NSEP) telecommunications
services, or “NSEP services,” means telecommunication services which are
used to 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 threatens the NSEP posture of the United States. These services fall into
two specific categories, Emergency NSEP and Essential NSEP, and are assigned
priority levels pursuant to section 9 of this appendix.

g. NSEP treatment refers to the provisioning of a telecommunication service
before others based on the provisioning priority level assigned by the
Executive Office of the President.

h. Priority action means assignment, revision, revocation, or revalidation
by the Executive Office of the President of a priority level associated with
an NSEP telecommunications service.

i. Priority level means the level that may be assigned to an NSEP
telecommunications service specifying the order in which provisioning or
restoration of the service is to occur relative to other NSEP and/or
non-NSEP telecommunication services. Priority levels authorized by this
appendix are designated (highest to lowest) “E,” “1,” “2,” “3,” “4,” and
“5,” for provisioning and “1,” “2,” “3,” “4,” and “5,” for restoration.

j. Priority level assignment means the priority level(s) designated for the
provisioning and/or restoration of a particular NSEP telecommunications
service under section 9 of this appendix.

k. Private NSEP telecommunications services include non-common carrier
telecommunications services including private line, virtual private line,
and private switched network services.

l. Provisioning means the act of supplying telecommunications service to a
user, including all associated transmission, wiring and equipment. As used
herein, “provisioning” and “initiation” are synonymous and include altering
the state of an existing priority service or capability.

m. Public switched NSEP telecommunications services include those NSEP
telecommunications services utilizing public switched networks. Such
services may include both interexchange and intraexchange network facilities
(e.g., switching systems, interoffice trunks and subscriber loops).

n. Reconciliation means the comparison of NSEP service information and the
resolution of identified discrepancies.

o. Restoration means the repair or returning to service of one or more
telecommunication services that have experienced a service outage or are
unusable for any reason, including a damaged or impaired telecommunications
facility. Such repair or returning to service may be done by patching,
rerouting, substitution of component parts or pathways, and other means, as
determined necessary by a service vendor.

p. Revalidation means the rejustification by a service user of a priority
level assignment. This may result in extension by the Executive Office of
the President of the expiration date associated with the priority level
assignment.

q. Revision means the change of priority level assignment for an NSEP
telecommunications service. This includes any extension of an existing
priority level assignment to an expanded NSEP service.

r. Revocation means the elimination of a priority level assignment when it
is no longer valid. All priority level assignments for an NSEP service are
revoked upon service termination.

s. Service identification refers to the information uniquely identifying an
NSEP telecommunications service to the service vendor and/or service user.

t. Service user refers to any individual or organization (including a
service vendor) supported by a telecommunications service for which a
priority level has been requested or assigned pursuant to section 8 or 9 of
this appendix.

u. Service vendor refers to any person, association, partnership,
corporation, organization, or other entity (including common carriers and
government organizations) that offers to supply any telecommunications
equipment, facilities, or services (including customer premises equipment
and wiring) or combination thereof. The term includes resale carriers, prime
contractors, subcontractors, and interconnecting carriers.

v. Spare circuits or services refers to those not being used or contracted
for by any customer.

w. Telecommunication services means the transmission, emission, or reception
of signals, signs, writing, images, sounds, or intelligence of any nature,
by wire, cable, satellite, fiber optics, laser, radio, visual or other
electronic, electric, electromagnetic, or acoustically coupled means, or any
combination thereof. The term can include necessary telecommunication
facilities.

x. Telecommunications Service Priority (TSP) system user refers to any
individual, organization, or activity that interacts with the NSEP TSP
System.

4. Scope

a. Domestic NSEP services. The NSEP TSP System and procedures established by
this appendix authorize priority treatment to the following domestic
telecommunication services (including portions of U.S. international
telecommunication services provided by U.S. vendors) for which provisioning
or restoration priority levels are requested, assigned, and approved in
accordance with this appendix:

(1) Common carrier services which are:

(a) Interstate or foreign telecommunications services,

(b) Intrastate telecommunication services inseparable from interstate or
foreign telecommunications services, and intrastate telecommunication
services to which priority levels are assigned pursuant to section 9 of this
appendix.

Note: Initially, the NSEP TSP System's applicability to public switched
services is limited to (a) provisioning of such services (e.g., business,
centrex, cellular, foreign exchange, Wide Area Telephone Service (WATS) and
other services that the selected vendor is able to provision) and (b)
restoration of services that the selected vendor is able to restore.

(2) Services which are provided by government and/or non-common carriers and
are interconnected to common carrier services assigned a priority level
pursuant to section 9 of this appendix.

b. Control services and orderwires. The NSEP TSP System and procedures
established by this appendix are not applicable to authorize priority
treatment to control services or orderwires owned by a service vendor and
needed for provisioning, restoration, or maintenance of other services owned
by that service vendor. Such control services and orderwires shall have
priority provisioning and restoration over all other telecommunication
services (including NSEP services) and shall be exempt from preemption.
However, the NSEP TSP System and procedures established by this appendix are
applicable to control services or orderwires leased by a service vendor.

c. Other services. The NSEP TSP System may apply, at the discretion of and
upon special arrangements by the NSEP TSP System users involved, to
authorize priority treatment to the following telecommunication services:

(1) Government or non-common carrier services which are not connected to
common carrier provided services assigned a priority level pursuant to
section 9 of this appendix.

(2) Portions of U.S. international services which are provided by foreign
correspondents. (U.S. telecommunication service vendors are encouraged to
ensure that relevant operating arrangements are consistent to the maximum
extent practicable with the NSEP TSP System. If such arrangements do not
exist, U.S. telecommunication service vendors should handle service
provisioning and/or restoration in accordance with any system acceptable to
their foreign correspondents which comes closest to meeting the procedures
established in this appendix.)

5. Policy

The NSEP TSP System is the regulatory, administrative, and operational
system authorizing and providing for priority treatment, i.e., provisioning
and restoration, of NSEP telecommunication services. As such, it establishes
the framework for telecommunication service vendors to provision, restore,
or otherwise act on a priority basis to ensure effective NSEP
telecommunication services. The NSEP TSP System allows the assignment of
priority levels to any NSEP service across three time periods, or stress
conditions: Peacetime/Crisis/Mobilizations, Attack/War, and
Post-Attack/Recovery. Although priority levels normally will be assigned by
the Executive Office of the President and retained by service vendors only
for the current time period, they may be preassigned for the other two time
periods at the request of service users who are able to identify and justify
in advance, their wartime or post-attack NSEP telecommunication
requirements. Absent such preassigned priority levels for the Attack/War and
Post-Attack/Recovery periods, priority level assignments for the
Peacetime/Crisis/Mobilization period will remain in effect. At all times,
priority level assignments will be subject to revision by the FCC or (on an
interim basis) the Executive Office of the President, based upon changing
NSEP needs. No other system of telecommunication service priorities which
conflicts with the NSEP TSP System is authorized.

6. Responsibilities

a. The FCC will:

(1) Provide regulatory oversight of implementation of the NSEP TSP System.

(2) Enforce NSEP TSP System rules and regulations, which are contained in
this appendix.

(3) Act as final authority for approval, revision, or disapproval of
priority actions by the Executive Office of the President and adjudicate
disputes regarding either priority actions or denials of requests for
priority actions by the Executive Office of the President, until superseded
by the President's war emergency powers under section 706 of the
Communications Act.

(4) Function (on a discretionary basis) as a sponsoring Federal
organization. (See section 6(c) below.)

b. The Executive Office of the President will:

(1) During exercise of the President's war emergency powers under section
706 of the Communications Act, act as the final approval authority for
priority actions or denials of requests for priority actions, adjudicating
any disputes.

(2) Until the exercise of the President's war emergency powers, administer
the NSEP TSP System which includes:

(a) Receiving, processing, and evaluating requests for priority actions from
service users, or sponsoring Federal government organizations on behalf of
service users (e.g., Department of State or Defense on behalf of foreign
governments, Federal Emergency Management Agency on behalf of state and
local governments, and any Federal organization on behalf of private
industry entities). Action on such requests will be completed within 30 days
of receipt.

(b) Assigning, revising, revalidating, or revoking priority levels as
necessary or upon request of service users concerned, and denying requests
for priority actions as necessary, using the categories and criteria
specified in section 12 of this appendix. Action on such requests will be
completed within 30 days of receipt.

(d) Periodically forwarding to the FCC lists of priority actions by the
Executive Office of the President for review and approval.

(e) Periodically initiating reconciliation.

(f) Testing and evaluating the NSEP TSP System for effectiveness.

(g) Conducting audits as necessary. Any Telecommunications Service Priority
(TSP) System user may request the Executive Office of the President to
conduct an audit.

(h) Issuing, subject to review by the FCC, regulations and procedures
supplemental to and consistent with this appendix regarding operation and
use of the NSEP TSP System.

(i) Serving as a centralized point-of-contact for collecting and
disseminating to all interested parties (consistent with requirements for
treatment of classified and proprietary material) information concerning use
and abuse of the NSEP TSP System.

(j) Establishing and assisting a TSP System Oversight Committee to identify
and review any problems developing in the system and recommend actions to
correct them or prevent recurrence. In addition to representatives of the
Executive Office of the President, representatives from private industry
(including telecommunication service vendors), state and local governments,
the FCC, and other organizations may be appointed to that Committee.

(k) Reporting at least quarterly to the FCC and TSP System Oversight
Committee, together with any recommendations for action, the operational
status of and trends in the NSEP TSP System, including:

(i) Numbers of requests processed for the various priority actions, and the
priority levels assigned.

(ii) Relative percentages of services assigned to each priority level under
each NSEP category and subcategory.

(iii) Any apparent serious misassignment or abuse of priority level
assignments.

(iv) Any existing or developing problem.

(l) Submitting semi-annually to the FCC and TSP System Oversight Committee a
summary report identifying the time and event associated with each
invocation of NSEP treatment under section 9(c) of this appendix, whether
the NSEP service requirement was adequately handled, and whether any
additional charges were incurred. These reports will be due by April 30th
for the preceding July through December and by October 31 for the preceding
January through June time periods.

(m) All reports submitted to the FCC should be directed to Chief, Public
Safety and Homeland Security Bureau, Washington, DC 20554.

(3) Function (on a discretionary basis) as a sponsoring Federal
organization. (See section 6(c) below.)

c. Sponsoring Federal organizations will:

(1) Review and decide whether to sponsor foreign, state, and local
government and private industry (including telecommunication service
vendors) requests for priority actions. Federal organizations will forward
sponsored requests with recommendations for disposition to the Executive
Office of the President. Recommendations will be based on the categories and
criteria in section 12 of this appendix.

(2) Forward notification of priority actions or denials of requests for
priority actions from the Executive Office of the President to the
requesting foreign, state, and local government and private industry
entities.

(3) Cooperate with the Executive Office of the President during
reconciliation, revalidation, and audits.

(4) Comply with any regulations and procedures supplemental to and
consistent with this appendix which are issued by the Executive Office of
the President.

d. Service users will:

(1) Identify services requiring priority level assignments and request and
justify priority level assignments in accordance with this appendix and any
supplemental regulations and procedures issued by the Executive Office of
the President that are consistent with this appendix.

(2) Request and justify revalidation of all priority level assignments at
least every three years.

(3) For services assigned priority levels, ensure (through contractual means
or otherwise) availability of customer premises equipment and wiring
necessary for end-to-end service operation by the service due date, and
continued operation; and, for such services in the Emergency NSEP category,
by the time that vendors are prepared to provide the services. Additionally,
designate the organization responsible for the service on an end-to-end
basis.

(4) Be prepared to accept services assigned priority levels by the service
due dates or, for services in the Emergency NSEP category, when they are
available.

(5) Pay vendors any authorized costs associated with services that are
assigned priority levels.

(6) Report to vendors any failed or unusable services that are assigned
priority levels.

(7) Designate a 24-hour point-of-contact for matters concerning each request
for priority action and apprise the Executive Office of the President
thereof.

(8) Upon termination of services that are assigned priority levels, or
circumstances warranting revisions in priority level assignment (e.g.,
expansion of service), request and justify revocation or revision.

(9) When NSEP treatment is invoked under section 9(c) of this appendix,
within 90 days following provisioning of the service involved, forward to
the National Coordinating Center (see section 3(e) of this appendix)
complete information identifying the time and event associated with the
invocation and regarding whether the NSEP service requirement was adequately
handled and whether any additional charges were incurred.

(10) Cooperate with the Executive Office of the President during
reconciliation, revalidation, and audits.

(11) Comply with any regulations and procedures supplemental to and
consistent with this appendix that are issued by the Executive Office of the
President.

e. Non-federal service users, in addition to responsibilities prescribed
above in section 6(d), will obtain a sponsoring Federal organization for all
requests for priority actions. If unable to find a sponsoring Federal
organization, a non-federal service user may submit its request, which must
include documentation of attempts made to obtain a sponsor and reasons given
by the sponsor for its refusal, directly to the Executive Office of the
President.

f. Service vendors will:

(1) When NSEP treatment is invoked by service users, provision NSEP
telecommunication services before non-NSEP services, based on priority level
assignments made by the Executive Office of the President. Provisioning will
require service vendors to:

(a) Allocate resources to ensure best efforts to provide NSEP services by
the time required. When limited resources constrain response capability,
vendors will address conflicts for resources by:

(i) Providing NSEP services in order of provisioning priority level
assignment (i.e., “E”, “1”, “2”, “3”, “4”, or “5”);

(ii) Providing Emergency NSEP services (i.e., those assigned provisioning
priority level “E”) in order of receipt of the service requests;

(iii) Providing Essential NSEP services (i.e., those assigned priority
levels “1”, “2”, “3”, “4”, or “5”) that have the same provisioning priority
level in order of service due dates; and

(iv) Referring any conflicts which cannot be resolved (to the mutual
satisfaction of servicer vendors and users) to the Executive Office of the
President for resolution.

(b) Comply with NSEP service requests by:

(i) Allocating resources necessary to provide Emergency NSEP services as
soon as possible, dispatching outside normal business hours when necessary;

(ii) Ensuring best efforts to meet requested service dates for Essential
NSEP services, negotiating a mutually (customer and vendor) acceptable
service due date when the requested service due date cannot be met; and

(iii) Seeking National Coordinating Center (NCC) assistance as authorized
under the NCC Charter (see section 1.3, NCC Charter, dated October 9, 1985).

(2) Restore NSEP telecommunications services which suffer outage, or are
reported as unusable or otherwise in need of restoration, before non-NSEP
services, based on restoration priority level assignments. (Note:For
broadband or multiple service facilities, restoration is permitted even
though it might result in restoration of services assigned no or lower
priority levels along with, or sometimes ahead of, some higher priority
level services.) Restoration will require service vendors to restore NSEP
services in order of restoration priority level assignment (i.e., “1”, “2”,
“3”, “4”, or “5”) by:

(a) Allocating available resources to restore NSEP services as quickly as
practicable, dispatching outside normal business hours to restore services
assigned priority levels “1”, “2”, and “3” when necessary, and services
assigned priority level “4” and “5” when the next business day is more than
24 hours away;

(b) Restoring NSEP services assigned the same restoration priority level
based upon which can be first restored. (However, restoration actions in
progress should not normally be interrupted to restore another NSEP service
assigned the same restoration priority level);

(c) Patching and/or rerouting NSEP services assigned restoration priority
levels from “1” through “5,” when use of patching and/or rerouting will
hasten restoration;

(d) Seeking National Coordinating Center (NCC) assistance authorized under
the NCC Charter; and

(e) Referring any conflicts which cannot be resolved (to the mutual
satisfaction of service vendors and users) to the Executive Office of the
President for resolution.

(3) Respond to provisioning requests of customers and/or other service
vendors, and to restoration priority level assignments when an NSEP service
suffers an outage or is reported as unusable, by:

(a) Ensuring that vendor personnel understand their responsibilities to
handle NSEP provisioning requests and to restore NSEP service; and

(b) Providing a 24-hour point-of-contact for receiving provisioning requests
for Emergency NSEP services and reports of NSEP service outages or
unusability.

(c) Seek verification from an authorized entity if legitimacy of a priority
level assignment or provisioning request for an NSEP service is in doubt.
However, processing of Emergency NSEP service requests will not be delayed
for verification purposes.

(4) Cooperate with other service vendors involved in provisioning or
restoring a portion of an NSEP service by honoring provisioning or
restoration priority level assignments, or requests for assistance to
provision or restore NSEP services, as detailed in sections 6(f)(1), (2),
and (3) above.

(5) All service vendors, including resale carriers, are required to ensure
that service vendors supplying underlying facilities are provided
information necessary to implement priority treatment of facilities that
support NSEP services.

(6) Preempt, when necessary, existing services to provide an NSEP service as
authorized in section 7 of this appendix.

(7) Assist in ensuring that priority level assignments of NSEP services are
accurately identified “end-to-end” by:

(a) Seeking verification from an authorized Federal government entity if the
legitimacy of the restoration priority level assignment is in doubt;

(b) Providing to subcontractors and/or interconnecting carriers the
restoration priority level assigned to a service;

(c) Supplying, to the Executive Office of the President, when acting as a
prime contractor to a service user, confirmation information regarding NSEP
service completion for that portion of the service they have contracted to
supply;

(d) Supplying, to the Executive Office of the President, NSEP service
information for the purpose of reconciliation.

(e) Cooperating with the Executive Office of the President during
reconciliation.

(f) Periodically initiating reconciliation with their subcontractors and
arranging for subsequent subcontractors to cooperate in the reconciliation
process.

(8) Receive compensation for costs authorized through tariffs or contracts
by:

(a) Provisions contained in properly filed state or Federal tariffs; or

(b) Provisions of properly negotiated contracts where the carrier is not
required to file tariffs.

(9) Provision or restore only the portions of services for which they have
agreed to be responsible (i.e., have contracted to supply), unless the
President's war emergency powers under section 706 of the Communications Act
are in effect.

(10) Cooperate with the Executive Office of the President during audits.

(11) Comply with any regulations or procedures supplemental to and
consistent with this appendix that are issued by the Executive Office of the
President and reviewed by the FCC.

(12) Insure that at all times a reasonable number of public switched network
services are made available for public use.

(13) Not disclose information concerning NSEP services they provide to those
not having a need-to-know or might use the information for competitive
advantage.

7. Preemption of Existing Services

When necessary to provision or restore NSEP services, service vendors may
preempt services they provide as specified below. “User” as used in this
Section means any user of a telecommunications service, including both NSEP
and non-NSEP services. Prior consent by a preempted user is not required.

a. The sequence in which existing services may be preempted to provision
NSEP services assigned a provisioning priority level “E” or restore NSEP
services assigned a restoration priority level from “1” through “5”:

(1) Non-NSEP services: If suitable spare services are not available, then,
based on the considerations in this appendix and the service vendor's best
judgment, non-NSEP services will be preempted. After ensuring a sufficient
number of public switched services are available for public use, based on
the service vendor's best judgment, such services may be used to satisfy a
requirement for provisioning or restoring NSEP services.

(2) NSEP services: If no suitable spare or non-NSEP services are available,
then existing NSEP services may be preempted to provision or restore NSEP
services with higher priority level assignments. When this is necessary,
NSEP services will be selected for preemption in the inverse order of
priority level assignment.

(3) Service vendors who are preempting services will ensure their best
effort to notify the service user of the preempted service and state the
reason for and estimated duration of the preemption.

b. Service vendors may, based on their best judgment, determine the sequence
in which existing services may be preempted to provision NSEP services
assigned a provisioning priority of “1” through “5”. Preemption is not
subject to the consent of the user whose service will be preempted.

8. Requests for Priority Assignments.

All service users are required to submit requests for priority actions
through the Executive Office of the President in the format and following
the procedures prescribed by that Office.

9. Assignment, Approval, Use, and Invocation of Priority Levels

a. Assignment and approval of priority levels. Priority level assignments
will be based upon the categories and criteria specified in section 12 of
this appendix. A priority level assignment made by the Executive Office of
the President will serve as that Office's recommendation to the FCC. Until
the President's war emergency powers are invoked, priority level assignments
must be approved by the FCC. However, service vendors are ordered to
implement any priority level assignments that are pending FCC approval.

After invocation of the President's war emergency powers, these requirements
may be superseded by other procedures issued by the Executive Office of the
President.

b. Use of Priority Level Assignments.

(1) All provisioning and restoration priority level assignments for services
in the Emergency NSEP category will be included in initial service orders to
vendors. Provisioning priority level assignments for Essential NSEP
services, however, will not usually be included in initial service orders to
vendors. NSEP treatment for Essential NSEP services will be invoked and
provisioning priority level assignments will be conveyed to service vendors
only if the vendors cannot meet needed service dates through the normal
provisioning process.

(2) Any revision or revocation of either provisioning or restoration
priority level assignments will also be transmitted to vendors.

(3) Service vendors shall accept priority levels and/or revisions only after
assignment by the Executive Office of the President.

Note: Service vendors acting as prime contractors will accept assigned NSEP
priority levels only when they are accompanied by the Executive Office of
the President designated service identification, i.e., TSP Authorization
Code. However, service vendors are authorized to accept priority levels
and/or revisions from users and contracting activities before assignment by
the Executive Office of the President when service vendor, user, and
contracting activities are unable to communicate with either the Executive
Office of the President or the FCC. Processing of Emergency NSEP service
requests will not be delayed for verification purposes.

c. Invocation of NSEP treatment. To invoke NSEP treatment for the priority
provisioning of an NSEP telecommunications service, an authorized Federal
official either within, or acting on behalf of, the service user's
organization must make a written or oral declaration to concerned service
vendor(s) and the Executive Office of the President that NSEP treatment is
being invoked. Authorized Federal officials include the head or director of
a Federal agency, commander of a unified/specified military command, chief
of a military service, or commander of a major military command; the
delegates of any of the foregoing; or any other officials as specified in
supplemental regulations or procedures issued by the Executive Office of the
President. The authority to invoke NSEP treatment may be delegated only to a
general or flag officer of a military service, civilian employee of
equivalent grade (e.g., Senior Executive Service member), Federal
Coordinating Officer or Federal Emergency Communications
Coordinator/Manager, or any other such officials specified in supplemental
regulations or procedures issued by the Executive Office of the President.
Delegates must be designated as such in writing, and written or oral
invocations must be accomplished, in accordance with supplemental
regulations or procedures issued by the Executive Office of the President.

10. Resubmission of Circuits Presently Assigned Restoration Priorities

All circuits assigned restoration priorities must be reviewed for
eligibility for initial restoration priority level assignment under the
provisions of this appendix. Circuits currently assigned restoration
priorities, and for which restoration priority level assignments are
requested under section 8 of this appendix, will be resubmitted to the
Executive Office of the President. To resubmit such circuits, service users
will comply with applicable provisions of section 6(d) of this appendix.

11. Appeal

Service users or sponsoring Federal organizations may appeal any priority
level assignment, denial, revision, revocation, approval, or disapproval to
the Executive Office of the President within 30 days of notification to the
service user. The appellant must use the form or format required by the
Executive Office of the President and must serve the FCC with a copy of its
appeal. The Executive Office of the President will act on the appeal within
90 days of receipt. Service users and sponsoring Federal organizations may
only then appeal directly to the FCC. Such FCC appeal must be filed within
30 days of notification of the Executive Office of the President's decision
on appeal. Additionally, the Executive Office of the President may appeal
any FCC revisions, approvals, or disapprovals to the FCC. All appeals to the
FCC must be submitted using the form or format required. The party filing
its appeal with the FCC must include factual details supporting its claim
and must serve a copy on the Executive Office of the President and any other
party directly involved. Such party may file a response within 20 days, and
replies may be filed within 10 days thereafter. The Commission will not
issue public notices of such submissions. The Commission will provide notice
of its decision to the parties of record. Any appeals to the Executive
Office of the President that include a claim of new information that has not
been presented before for consideration may be submitted at any time.

12. NSEP TSP System Categories, Criteria, and Priority Levels

a. General. NSEP TSP System categories and criteria, and permissible
priority level assignments, are defined and explained below.

(1) The Essential NSEP category has four subcategories: National Security
Leadership; National Security Posture and U.S. Population Attack Warning;
Public Health, Safety, and Maintenance of Law and Order; and Public Welfare
and Maintenance of National Economic Posture. Each subcategory has its own
criteria. Criteria are also shown for the Emergency NSEP category, which has
no sub-categories.

(2) Priority levels of “1,” “2,” “3,” “4,” and “5” may be assigned for
provisioning and/or restoration of Essential NSEP telecommunication
services. However, for Emergency NSEP telecommunications services, a
priority level “E” is assigned for provisioning. A restoration priority
level from “1” through “5” may be assigned if an Emergency NSEP service also
qualifies for such a restoration priority level under the Essential NSEP
category.

(3) The NSEP TSP System allows the assignment of priority levels to any NSEP
telecommunications service across three time periods, or stress conditions:
Peacetime/Crisis/Mobilization, Attack/War, and Post-Attack/Recovery.
Priority levels will normally be assigned only for the first time period.
These assigned priority levels will apply through the onset of any attack,
but it is expected that they would later be revised by surviving authorized
telecommunication resource managers within the Executive Office of the
President based upon specific facts and circumstances arising during the
Attack/War and Post-Attack/Recovery time periods.

(4) Service users may, for their own internal use, assign subpriorities to
their services assigned priority levels. Receipt of and response to any such
subpriorities is optional for service vendors.

(5) The following paragraphs provide a detailed explanation of the
categories, subcategories, criteria, and priority level assignments,
beginning with the Emergency NSEP category.

b. Emergency NSEP. Telecommunications services in the Emergency NSEP
category are those new services so critical as to be required to be
provisioned at the earliest possible time, without regard to the costs of
obtaining them.

(1) Criteria. To qualify under the Emergency NSEP category, the service must
meet criteria directly supporting or resulting from at least one of the
following NSEP functions:

(a) Federal government activity responding to a Presidentially declared
disaster or emergency as defined in the Disaster Relief Act (42 U.S.C.
5122).

(b) State or local government activity responding to a Presidentially
declared disaster or emergency.

(c) Response to a state of crisis declared by the National Command
Authorities (e.g., exercise of Presidential war emergency powers under
section 706 of the Communications Act.)

(d) Efforts to protect endangered U.S. personnel or property.

(e) Response to an enemy or terrorist action, civil disturbance, natural
disaster, or any other unpredictable occurrence that has damaged facilities
whose uninterrupted operation is critical to NSEP or the management of other
ongoing crises.

(f) Certification by the head or director of a Federal agency, commander of
a unified/specified command, chief of a military service, or commander of a
major military command, that the telecommunications service is so critical
to protection of life and property or to NSEP that it must be provided
immediately.

(g) A request from an official authorized pursuant to the Foreign
Intelligence Surveillance Act (50 U.S.C. 1801 et seq. and 18 U.S.C. 2511,
2518, 2519).

(2) Priority Level Assignment.

(a) Services qualifying under the Emergency NSEP category are assigned
priority level “E” for provisioning.

(b) After 30 days, assignments of provisioning priority level “E” for
Emergency NSEP services are automatically revoked unless extended for
another 30-day period. A notice of any such revocation will be sent to
service vendors.

(c) For restoration, Emergency NSEP services may be assigned priority levels
under the provisions applicable to Essential NSEP services (see section
12(c)). Emergency NSEP services not otherwise qualifying for restoration
priority level assignment as Essential NSEP may be assigned a restoration
priority level “5” for a 30-day period. Such 30-day restoration priority
level assignments will be revoked automatically unless extended for another
30-day period. A notice of any such revocation will be sent to service
vendors.

c. Essential NSEP. Telecommunication services in the Essential NSEP category
are those required to be provisioned by due dates specified by service
users, or restored promptly, normally without regard to associated overtime
or expediting costs. They may be assigned priority level of “1,” “2,” “3,”
“4,” or “5” for both provisioning and restoration, depending upon the nature
and urgency of the supported function, the impact of lack of service or of
service interruption upon the supported function, and, for priority access
to public switched services, the user's level of responsibility. Priority
level assignments will be valid for no more than three years unless
revalidated. To be categorized as Essential NSEP, a telecommunications
service must qualify under one of the four following subcategories: National
Security Leadership; National Security Posture and U.S. Population Attack
Warning; Public Health, Safety and Maintenance of Law and Order; or Public
Welfare and Maintenance of National Economic Posture. (NoteUnder emergency
circumstances, Essential NSEP telecommunication services may be
recategorized as Emergency NSEP and assigned a priority level “E” for
provisioning.)

(1) National security leadership. This subcategory will be strictly limited
to only those telecommunication services essential to national survival if
nuclear attack threatens or occurs, and critical orderwire and control
services necessary to ensure the rapid and efficient provisioning or
restoration of other NSEP telecommunication services. Services in this
subcategory are those for which a service interruption of even a few minutes
would have serious adverse impact upon the supported NSEP function.

(a) Criteria. To qualify under this subcategory, a service must be at least
one of the following:

(i) Critical orderwire, or control service, supporting other NSEP functions.

(ii) Presidential communications service critical to continuity of
government and national leadership during crisis situations.

(iii) National Command Authority communications service for military command
and control critical to national survival.

(iv) Intelligence communications service critical to warning of potentially
catastrophic attack.

(v) Communications service supporting the conduct of diplomatic negotiations
critical to arresting or limiting hostilities.

(b) Priority level assignment. Services under this subcategory will normally
be assigned priority level “1” for provisioning and restoration during the
Peace/Crisis/Mobilization time period.

(2) National security posture and U.S. population attack warning. This
subcategory covers those minimum additional telecommunication services
essential to maintaining an optimum defense, diplomatic, or
continuity-of-government postures before, during, and after crises
situations. Such situations are those ranging from national emergencies to
international crises, including nuclear attack. Services in this subcategory
are those for which a service interruption ranging from a few minutes to one
day would have serious adverse impact upon the supported NSEP function.

(a) Criteria. To qualify under this subcategory, a service must support at
least one of the following NSEP functions:

(i) Threat assessment and attack warning.

(ii) Conduct of diplomacy.

(iii) Collection, processing, and dissemination of intelligence.

(iv) Command and control of military forces.

(v) Military mobilization.

(vi) Continuity of Federal government before, during, and after crises
situations.

(vii) Continuity of state and local government functions supporting the
Federal government during and after national emergencies.

(viii) Recovery of critical national functions after crises situations.

(ix) National space operations.

(b) Priority level assignment. Services under this subcategory will normally
be assigned priority level “2,” “3,” “4,” or “5” for provisioning and
restoration during Peacetime/Crisis/Mobilization.

(3) Public health, safety, and maintenance of law and order. This
subcategory covers the minimum number of telecommunication services
necessary for giving civil alert to the U.S. population and maintaining law
and order and the health and safety of the U.S. population in times of any
national, regional, or serious local emergency. These services are those for
which a service interruption ranging from a few minutes to one day would
have serious adverse impact upon the supported NSEP functions.

(a) Criteria. To qualify under this subcategory, a service must support at
least one of the following NSEP functions:

(i) Population warning (other than attack warning).

(ii) Law enforcement.

(iii) Continuity of critical state and local government functions (other
than support of the Federal government during and after national
emergencies).

(vi) Hospitals and distributions of medical supplies.

(v) Critical logistic functions and public utility services.

(vi) Civil air traffic control.

(vii) Military assistance to civil authorities.

(viii) Defense and protection of critical industrial facilities.

(ix) Critical weather services.

(x) Transportation to accomplish the foregoing NSEP functions.

(b) Priority level assignment. Service under this subcategory will normally
be assigned priority levels “3,” “4,” or “5” for provisioning and
restoration during Peacetime/Crisis/Mobilization.

(4) Public welfare and maintenance of national economic posture. This
subcategory covers the minimum number of telecommunications services
necessary for maintaining the public welfare and national economic posture
during any national or regional emergency. These services are those for
which a service interruption ranging from a few minutes to one day would
have serious adverse impact upon the supported NSEP function.

(a) Criteria. To qualify under this subcategory, a service must support at
least one of the following NSEP functions:

(i) Distribution of food and other essential supplies.

(ii) Maintenance of national monetary, credit, and financial systems.

(iii) Maintenance of price, wage, rent, and salary stabilization, and
consumer rationing programs.

(iv) Control of production and distribution of strategic materials and
energy supplies.

(v) Prevention and control of environmental hazards or damage.

(vi) Transportation to accomplish the foregoing NSEP functions.

(b) Priority level assignment. Services under this subcategory will normally
be assigned priority levels “4” or “5” for provisioning and restoration
during Peacetime/Crisis/Mobilization.

d. Limitations. Priority levels will be assigned only to the minimum number
of telecommunication services required to support an NSEP function. Priority
levels will not normally be assigned to backup services on a continuing
basis, absent additional justification, e.g., a service user specifies a
requirement for physically diverse routing or contracts for additional
continuity-of-service features. The Executive Office of the President may
also establish limitations upon the relative numbers of services which may
be assigned any restoration priority level. These limitations will not take
precedence over laws or executive orders. Such limitations shall not be
exceeded absent waiver by the Executive Office of the President.

e. Non-NSEP services. Telecommunication services in the non-NSEP category
will be those which do not meet the criteria for either Emergency NSEP or
Essential NSEP.

[ 53 FR 47536 , Nov. 23, 1988; 54 FR 152 , Jan. 4, 1989; 54 FR 1471 , Jan. 13,
1989, as amended at 67 FR 13229 , Mar. 21, 2002; 71 FR 69038 , Nov. 29, 2006]

Appendix B to Part 64—Priority Access Service (PAS) for National Security and
Emergency Preparedness (NSEP)

1. Authority

This appendix is issued pursuant to sections 1, 4(i), 201 through 205 and
303(r) of the Communications Act of 1934, as amended. Under these sections,
the Federal Communications Commission (FCC) may permit the assignment and
approval of priorities for access to commercial mobile radio service (CMRS)
networks. Under section 706 of the Communications Act, this authority may be
superseded by the war emergency powers of the President of the United
States. This appendix provides the Commission's Order to CMRS providers and
users to comply with policies and procedures establishing the Priority
Access Service (PAS). This appendix is intended to be read in conjunction
with regulations and procedures that the Executive Office of the President
issues:

(1) To implement responsibilities assigned in section 3 of this appendix, or

(2) For use in the event this appendix is superseded by the President's
emergency war powers. Together, this appendix and the regulations and
procedures issued by the Executive Office of the President establish one
uniform system of priority access service both before and after invocation
of the President's emergency war powers.

2. Background

a. Purpose. This appendix establishes regulatory authorization for PAS to
support the needs of NSEP CMRS users.

b. Applicability. This appendix applies to the provision of PAS by CMRS
licensees to users who qualify under the provisions of section 5 of this
appendix.

c. Description. PAS provides the means for NSEP telecommunications users to
obtain priority access to available radio channels when necessary to
initiate emergency calls. It does not preempt calls in progress and is to be
used during situations when CMRS network congestion is blocking NSEP call
attempts. PAS is to be available to authorized NSEP users at all times in
equipped CMRS markets where the service provider has voluntarily decided to
provide such service. Authorized users would activate the feature on a per
call basis by dialing a feature code such as *XX. PAS priorities 1 through 5
are reserved for qualified and authorized NSEP users, and those users are
provided access to CMRS channels before any other CMRS callers.

d. Definitions. As used in this appendix:

1. Authorizing agent refers to a Federal or State entity that authenticates,
evaluates and makes recommendations to the Executive Office of the President
regarding the assignment of priority access service levels.

2. Service provider means an FCC-licensed CMRS provider. The term does not
include agents of the licensed CMRS provider or resellers of CMRS service.

3. Service user means an individual or organization (including a service
provider) to whom or which a priority access assignment has been made.

4. The following terms have the same meaning as in Appendix A to Part 64:

(a) Assignment;

(b) Government;

(d) National Coordinating Center;

(e) National Security Emergency Preparedness (NSEP) Telecommunications
Services (excluding the last sentence);

(f) Reconciliation;

(g) Revalidation;

(h) Revision;

(i) Revocation.

e. Administration. The Executive Office of the President will administer
PAS.

3. Responsibilities

a. The Federal Communications Commission will provide regulatory oversight
of the implementation of PAS, enforce PAS rules and regulations, and act as
final authority for approval, revision, or disapproval of priority
assignments by the Executive Office of the President by adjudicating
disputes regarding either priority assignments or the denial thereof by the
Executive Office of the President until superseded by the President's war
emergency powers under Section 706 of the Communications Act.

b. The Executive Office of the President (EOP) will administer the PAS
system. It will:

1. Act as the final approval or denial authority for the assignment of
priorities and the adjudicator of disputes during the exercise of the
President's war emergency powers under section 706 of the Communications
Act.

2. Receive, process, and evaluate requests for priority actions from
authorizing agents on behalf of service users or directly from service
users. Assign priorities or deny requests for priority using the priorities
and criteria specified in section 5 of this appendix. Actions on such
requests should be completed within 30 days of receipt.

3. Convey priority assignments to the service provider and the authorizing
agent.

4. Revise, revalidate, reconcile, and revoke priority level assignments with
service users and service providers as necessary to maintain the viability
of the PAS system.

5. Maintain a database for PAS related information.

6. Issue new or revised regulations, procedures, and instructional material
supplemental to and consistent with this appendix regarding the operation,
administration, and use of PAS.

7. Provide training on PAS to affected entities and individuals.

8. Enlarge the role of the Telecommunications Service Priority System
Oversight Committee to include oversight of the PAS system.

9. Report periodically to the FCC on the status of PAS.

10. Disclose content of the NSEP PAS database only as may be required by
law.

c. An Authorizing agent shall:

1. Identify itself as an authorizing agent and its community of interest
(State, Federal Agency) to the EOP. State Authorizing Agents will provide a
central point of contact to receive priority requests from users within
their state. Federal Authorizing Agents will provide a central point of
contact to receive priority requests from federal users or federally
sponsored entities.

2. Authenticate, evaluate, and make recommendations to the EOP to approve
priority level assignment requests using the priorities and criteria
specified in section 5 of this appendix. As a guide, PAS authorizing agents
should request the lowest priority level that is applicable and the minimum
number of CMRS services required to support an NSEP function. When
appropriate, the authorizing agent will recommend approval or deny requests
for PAS.

3. Ensure that documentation is complete and accurate before forwarding it
to the EOP.

4. Serve as a conduit for forwarding PAS information from the EOP to the
service user and vice versa. Information will include PAS requests and
assignments, reconciliation and revalidation notifications, and other
information.

5. Participate in reconciliation and revalidation of PAS information at the
request of the EOP.

6. Comply with any regulations and procedures supplemental to and consistent
with this appendix that are issued by the EOP.

7. Disclose content of the NSEP PAS database only to those having a
need-to-know.

d. Service users will:

1. Determine the need for and request PAS assignments in a planned process,
not waiting until an emergency has occurred.

2. Request PAS assignments for the lowest applicable priority level and
minimum number of CMRS services necessary to provide NSEP telecommunications
management and response functions during emergency/disaster situations.

3. Initiate PAS requests through the appropriate authorizing agent. The EOP
will make final approval or denial of PAS requests and may direct service
providers to remove PAS if appropriate. (Note: State and local government or
private users will apply for PAS through their designated State government
authorizing agent. Federal users will apply for PAS through their employing
agency. State and local users in states where there has been no designation
will be sponsored by the Federal agency concerned with the emergency
function as set forth in Executive Order 12656. If no authorizing agent is
determined using these criteria, the EOP will serve as the authorizing
agent.)

4. Submit all correspondence regarding PAS to the authorizing agent.

5. Invoke PAS only when CMRS congestion blocks network access and the user
must establish communications to fulfill an NSEP mission. Calls should be as
brief as possible so as to afford CMRS service to other NSEP users.

6. Participate in reconciliation and revalidation of PAS information at the
request of the authorizing agent or the EOP.

7. Request discontinuance of PAS when the NSEP qualifying criteria used to
obtain PAS is no longer applicable.

8. Pay service providers as billed for PAS.

9. Comply with regulations and procedures that are issued by the EOP which
are supplemental to and consistent with this appendix.

e. Service providers who offer any form of priority access service for NSEP
purposes shall provide that service in accordance with this appendix. As
currently described in the Priority Access and Channel Assignment Standard
(IS–53–A), service providers will:

1. Provide PAS levels 1, 2, 3, 4, or 5 only upon receipt of an authorization
from the EOP and remove PAS for specific users at the direction of the EOP.

2. Ensure that PAS system priorities supersede any other NSEP priority which
may be provided.

3. Designate a point of contact to coordinate with the EOP regarding PAS.

4. Participate in reconciliation and revalidation of PAS information at the
request of the EOP.

5. As technically and economically feasible, provide roaming service users
the same grade of PAS provided to local service users.

6. Disclose content of the NSEP PAS database only to those having a
need-to-know or who will not use the information for economic advantage.

7. Comply with regulations and procedures supplemental to and consistent
with this appendix that are issued by the EOP.

8. Insure that at all times a reasonable amount of CMRS spectrum is made
available for public use.

9. Notify the EOP and the service user if PAS is to be discontinued as a
service.

f. The Telecommunications Service Priority Oversight Committee will identify
and review any systemic problems associated with the PAS system and
recommend actions to correct them or prevent their recurrence.

4. Appeal

Service users and authorizing agents may appeal any priority level
assignment, denial, revision or revocation to the EOP within 30 days of
notification to the service user. The EOP will act on the appeal within 90
days of receipt. If a dispute still exists, an appeal may then be made to
the FCC within 30 days of notification of the EOP's decision. The party
filing the appeal must include factual details supporting its claim and must
provide a copy of the appeal to the EOP and any other party directly
involved. Involved parties may file a response to the appeal made to the FCC
within 20 days, and the initial filing party may file a reply within 10 days
thereafter. The FCC will provide notice of its decision to the parties of
record. Until a decision is made, the service will remain status quo.

5. PAS Priority Levels and Qualifying Criteria

The following PAS priority levels and qualifying criteria apply equally to
all users and will be used as a basis for all PAS assignments. There are
five levels of NSEP priorities, priority one being the highest. The five
priority levels are:

1. Executive Leadership and Policy Makers

2. Disaster Response/Military Command and Control

3. Public Health, Safety and Law Enforcement Command

4. Public Services/Utilities and Public Welfare

5. Disaster Recovery

These priority levels were selected to meet the needs of the emergency
response community and provide priority access for the command and control
functions critical to management of and response to national security and
emergency situations, particularly during the first 24 to 72 hours following
an event. Priority assignments should only be requested for key personnel
and those individuals in national security and emergency response leadership
positions. PAS is not intended for use by all emergency service personnel.

A. Priority 1: Executive Leadership and Policy Makers.

Users who qualify for the Executive Leadership and Policy Makers priority
will be assigned priority one. A limited number of CMRS technicians who are
essential to restoring the CMRS networks shall also receive this highest
priority treatment. Examples of those eligible include:

(i) The President of the United States, the Secretary of Defense, selected
military leaders, and the minimum number of senior staff necessary to
support these officials;

(ii) State governors, lieutenant governors, cabinet-level officials
responsible for public safety and health, and the minimum number of senior
staff necessary to support these officials; and

(iii) Mayors, county commissioners, and the minimum number of senior staff
to support these officials.

B. Priority 2: Disaster Response/Military Command and Control

Users who qualify for the Disaster Response/Military Command and Control
priority will be assigned priority two. Individuals eligible for this
priority include personnel key to managing the initial response to an
emergency at the local, state, regional and federal levels. Personnel
selected for this priority should be responsible for ensuring the viability
or reconstruction of the basic infrastructure in an emergency area. In
addition, personnel essential to continuity of government and national
security functions (such as the conduct of international affairs and
intelligence activities) are also included in this priority. Examples of
those eligible include:

(i) Federal emergency operations center coordinators, e.g., Manager,
National Coordinating Center for Telecommunications, National Interagency
Fire Center, Federal Coordinating Officer, Federal Emergency Communications
Coordinator, Director of Military Support;

(ii) State emergency Services director, National Guard Leadership, State and
Federal Damage Assessment Team Leaders;

(iii) Federal, state and local personnel with continuity of government
responsibilities;

(iv) Incident Command Center Managers, local emergency managers, other state
and local elected public safety officials; and

(v) Federal personnel with intelligence and diplomatic responsibilities.

C. Priority 3: Public Health, Safety, and Law Enforcement Command

Users who qualify for the Public Health, Safety, and Law Enforcement Command
priority will be assigned priority three. Eligible for this priority are
individuals who direct operations critical to life, property, and
maintenance of law and order immediately following an event. Examples of
those eligible include:

(i) Federal law enforcement command;

(ii) State police leadership;

(iii) Local fire and law enforcement command;

(iv) Emergency medical service leaders;

(v) Search and rescue team leaders; and

(vi) Emergency communications coordinators.

D. Priority 4: Public Services/Utilities and Public Welfare

Users who qualify for the Public Services/Utilities and Public Welfare
priority will be assigned priority four. Eligible for this priority are
those users whose responsibilities include managing public works and utility
infrastructure damage assessment and restoration efforts and transportation
to accomplish emergency response activities. Examples of those eligible
include:

(i) Army Corps of Engineers leadership;

(ii) Power, water and sewage and telecommunications utilities; and

(iii) Transportation leadership.

E. Priority 5: Disaster Recovery

Users who qualify for the Disaster Recovery priority will be assigned
priority five. Eligible for this priority are those individuals responsible
for managing a variety of recovery operations after the initial response has
been accomplished. These functions may include managing medical resources
such as supplies, personnel, or patients in medical facilities. Other
activities such as coordination to establish and stock shelters, to obtain
detailed damage assessments, or to support key disaster field office
personnel may be included. Examples of those eligible include:

(i) Medical recovery operations leadership;

(ii) Detailed damage assessment leadership;

(iii) Disaster shelter coordination and management; and

(iv) Critical Disaster Field Office support personnel.

6. Limitations

PAS will be assigned only to the minimum number of CMRS services required to
support an NSEP function. The Executive Office of the President may also
establish limitations upon the relative numbers of services that may be
assigned PAS or the total number of PAS users in a serving area. These
limitations will not take precedence over laws or executive orders.
Limitations established shall not be exceeded.

[ 65 FR 48396 , Aug. 8, 2000]
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