Goto Section: 202.2 | 202.3 | Table of Contents
FCC 202.3
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 201.3 Policy.
(a) The Federal Government is responsible for resources mobilization,
including determination of the need for and the extent of mobilization
necessary in all crises and emergencies, wartime and non-wartime.
(b) The President has limited non-wartime NS/EP telecommunications
functions, and wartime NS/EP functions under the Communications Act of 1934
(as amended), which have been delegated to Federal agencies under Executive
Order 12472. Federal, State, and local governments share the responsibility
for conservation of the Nation's telecommunications resources.
(1) The achievement of survival and recovery during a crisis or emergency
would establish an unavoidable interdependence between and among Federal,
State, and local authorities; therefore, there should be no barriers between
Federal and State levels of authorities and between State and local levels
of authorities which would impede, obstruct, or otherwise hinder effective
conservation and equitable allocation of telecommunications resources and
services to the needs of the Nation.
(2) The Federal Government will rely upon State governments and their
telecommunications management organizations for management or control of
intrastate carrier services and continuity of interconnectivity with
interstate carriers to assure that national objectives and priorities are
properly served. Applicable regulations of the Federal Communications
Commission govern the extent of the allocation of responsibility between
Federal and State authorities for the management of NS/EP intrastate carrier
services and the interconnectivity of intrastate services for NS/EP
telecommunications functions.
(c) A system of telecommunications service priorities will be established
which facilitates the provisioning and early restoration of services
considered vital to national interests during those events or crises which
warrant NS/EP treatment.
(d) The President is authorized during, or in anticipation of, an emergency
or major disaster (as defined in the Disaster Relief Act of 19/4) to
establish temporary telecommunications systems and to make such
telecommunications available to State and local government officials and
such other persons as deemed appropriate (42 U.S.C. 5185).
(e) The President also is authorized, during war, when necessary in the
interest of national defense and security, to direct or establish priorities
for essential communications with any commercial or governmental carrier and
to prevent obstruction of telecommunications. The President may also suspend
or amend rules and regulations, close stations and facilities, and authorize
U.S. government use and control of telecommunications resources with regard
to:
(1) Radio communications (during war, or Presidentially declared threat of
war, public peril, disaster or national emergency or a need to preserve the
neutrality of the U.S.) and
(2) Wire communications (during war or threat of war).
(f) During an attack on the United States by an aggressor nation, and in an
immediate postattack period, all decisions regarding the use of
telecommunications resources will be directed to the objective of national
survival and recovery. In order to achieve this objective, postattack
resources will be assigned to activities concerned with the maintenance and
saving of lives, immediate military defense and response, and economic
activities essential to continued economic survival and recovery.
(g) The Director of the Office of Science and Technology Policy will serve
as the central authority to control, coordinate, and direct the activities
of the Nation's telecommunications facilities, systems, and services during
periods of wartime emergency as determined under section 706 of the
Communications Act of 1934 (47 U.S.C. 606), as amended.
(h) Telecommunications resources of the Federal Government will be employed,
as required, to best serve the continuity of government and national
interests.
(i) Federal agencies will, in the development of emergency operational
plans, minimize, to the extent feasible, dependence upon telecommunications
services for continuity of essential operations.
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Goto Section: 202.2 | 202.3
Goto Year: 2014 |
2016
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