Sec. 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-
(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
(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
(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
(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.
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.