Goto Section: 202.0 | 202.2 | Table of Contents

FCC 202.1
Revised as of October 1, 2010
Goto Year:2009 | 2011
  §  202.1   Policies.

   (a) The telecommunications resources of the Nation will be available
   for government use during crises and emergencies, wartime and
   non-wartime, and to satisfy the needs of the public welfare and safety.

   (b) The National Plan for Telecommunications Support in Non-Wartime
   Emergencies provides procedures for planning and using National
   telecommunications assets and resources in support of non-wartime
   emergencies, including those covered by the Disaster Relief Act of
   1974, in Presidentially declared Emergencies and Major Disasters,
   Extraordinary Situations, and other emergencies.

   (c) An NS/EP Telecommunications Service Priority (TSP) System will
   provide procedures to authorize priority treatment for the provisioning
   and restoration of NS/EP telecommunications services for wartime and
   non-wartime emergencies.

   (d) In wartime emergencies, facilities management will remain
   decentralized to the extent feasible to assure continued flexibility of
   operational response to critical needs, subject to the management
   direction and overriding authority of those officials delegated to act
   for and with the consent of the central point of authority within the
   Federal Government.

   (1) Federally owned, leased, and/or operated telecommunications
   facilities, systems, and networks will be managed during such an
   emergency by the agency normally controlling the facility, system, or
   network except that all operations will be subject to the management
   direction and authority of the officials delegated overall management
   responsibility for Federal Government systems.

   (2) Facilities other than those of the Federal Government, with the
   exception of radio stations in the Aviation Services and certain
   classes of radio stations in the Maritime Services, will be managed by
   the authorized common carrier or other person owning and operating such
   facilities subject to Federal Communications Commission (FCC) guidance
   and direction or in accordance with State or local plans if not subject
   to FCC jurisdiction.

   (3) Radio stations in the Aviation Services and those aboard vessels in
   the Maritime Service will be subject to the control of the Secretary of
   Defense during a national emergency.

   (e) The Director of the Office of Science and Technology Policy is the
   single point of authority within the Federal Government for the wartime
   emergency functions under section 706 of the Communications Act (47
   U.S.C. 606) with respect to the allocation and use of surviving
   resources in support of national objectives enunciated by the
   President. Authority may be redelegated as necessary and when it can be
   exercised within boundaries established by Presidential authority.

   (f) Radio frequency utilization during a wartime emergency will be in
   accordance with authorizations, assignments, and mobilization plans in
   existence at the onset of the emergency. Subject to the overriding
   control of the Director, OSTP, under the President's War Emergency
   Powers, spectrum management regarding the authorization and assignment
   of radio frequencies will be made by the National Telecommunications
   and Information Administration (NTLA) for the Federal Government, and
   the Director, OSTP, through the FCC, for all other entities subject to
   the Commission's jurisdiction. Radio stations are subject to closure if
   considered a threat to national security.

   (g) Section 706 of the Communications Act of 1934, as amended, confers
   authority to the President in the matter of suspension of all rules and
   regulations pertaining to the use and operation of telecommunications
   facilities, public or private during wartime emergencies.

Goto Section: 202.0 | 202.2

Goto Year: 2009 | 2011
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