Goto Section: 202.0 | 202.2 | Table of Contents
Revised as of October 1, 2010
Goto Year:2009 |
§ 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
(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
(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 |
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
Helping make public information public