§ 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.

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