Goto Section: 202.0 | 202.2 | Table of Contents

FCC 202.1
Revised as of
Goto Year:1996 | 1998
Sec. 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.

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    (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 

Goto Section: 202.0 | 202.2

Goto Year: 1996 | 1998
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