Goto Section: 216.1 | 216.2 | Table of Contents

FCC 216.2
Revised as of
Goto Year:1996 | 1998
Sec. 216.2  Publication of Directives.

    (a) We believe, for public awareness and internal administrative 
purposes, that publication of the current directives is worthwhile. The 
appendix to this part includes all current NCS Directives.
    (b) The Directives are arranged numerically. The first of the 
hyphenated letters indicates the subject category: ``1'' for 
``Organization, Membership and Administration;'' ``2'' for ``Plans, 
Programs and Fiscal Management;'' ``3'' for ``Telecommunications 
Operations;'' and ``4'' for ``Technology and Standards.'' The second 
number indicates the sequence of issuance.
    (c) In some instances, the appendixes to the directives consist of 
documents readily accessible elsewhere in the public domain. In the 
interests of brevity, these documents are referenced rather than 
reprinted in full.
[ 55 FR 51063 , Dec. 11, 1990]

                  Appendix to Part 216--NCS Directives

NCS Directive 1-1--Organization, Membership and Administration--National 
          Communications System (NCS) Issuance System
NCS Directive 1-2--Organization, Membership and Administration--National 
          Communications System (NCS) Membership
NCS Directive 2-1--Plans, Programs, and Fiscal Management--National 
          Security Emergency Preparedness (NSEP) Telecommunications 
          Planning Process
NCS Directive 2-2--Plans, Programs, and Fiscal Management--National 
          Level NSEP Telecommunications Program (NLP) Funding
NCS Directive 3-1--Telecommunications Operations--Telecommunications 
          Service Priority (TSP) System for National Security Emergency 
          Preparedness (NSEP)
NCS Directive 3-3--Telecommunications Operations--Shared Resources 
          (SHARES) High Frequency (HF) Radio Program

    Note: NCS Directives and their appendices are available from 
National Communications System Joint Secretariat (NCS-NJ), Defense 
Communications Agency, Washington, DC 20305-2000

                           [NCS Directive 1-1]

  Organization, Membership and Administration--National Communications 
                      System (NCS) Issuance System

November 30, 1987.

    1. Purpose. This directive establishes the National Communications 
System (NCS) Issuance System, describes the documents comprising the NCS 
Issuance System, and assigns responsibilities and delegates authority 
for implementing and managing that System.
    2. Applicability. This directive is binding upon the Executive 
Agent, NCS; Manager, NCS; NCS Committee of Principals and member 
organizations; and other affected Executive entities.
    3. Authority. Pursuant to the Constitution of the United States and 
other laws cited in Executive Order No. 12472, ``Assignment of National 
Security and Emergency Preparedness Telecommunications Functions,'' 
April 3, 1984;  49 FR 13471  (1984) (see appendix A to this directive), 
the President has established the NCS, which is subject to rules issued 
pursuant to the NCS Issuance System. This directive is issued under the 
authority of Executive Order No. 12472.
    4. Reference. Executive Order No. 12472.
    5. Cancellation. NCS Memorandum 1-63, ``National Communications 
System Publications,'' December 10, 1963, is hereby cancelled.
    6. Definitions.
    a. Binding. Imposing one or more obligations, responsibilities, or 
duties upon affected parties, subject to any overriding Federal 
statutes, executive orders, or other Federal law.
    b. Issue. To put into effect, publish, and distribute an NCS 
issuance after final approval by proper authority.
    c. NCS Issuances. Documents (i.e., NCS directives, circulars, 
manuals, handbooks, and notices; and Office of the Manager, NCS

[[Page 850]]

(OMNCS) office orders), generally of referential value and broad 
distribution, that implement, establish, guide, describe, or explain 
organizational responsibilities, authorities, policies, and procedures. 
Appendix B \1\ provides abbreviated descriptions of types of issuances.
---------------------------------------------------------------------------

    1 Editorial Note: See Sec. 216.2(c) and the note 
following the table of contents for the appendix to part 216.
---------------------------------------------------------------------------

    d. NCS Directive. An issuance used to establish and implement 
organizational responsibilities, authorities, policies, and procedures 
of a continuing nature. Directives are issued by the Director, Office of 
Science and Technology Policy and/or Director, Office of Management and 
Budget, after consideration of the proposed text by the NCS Committee of 
Principals, Executive Agent, NCS, and Assistant to the President for 
National Security Affairs. Directives are binding upon the Executive 
Agent, NCS; Manager, NCS; NCS Committee of Principals and member 
organizations; and other affected Executive entities. Directives remain 
in effect until superseded or cancelled.
    e. NCS Circular. An issuance used for dissemination of subject 
matter either pending incorporation into an NCS directive or requiring 
one-time action. Circulars are issued by the Director, Office of Science 
and Technology Policy and/or Director, Office of Management and Budget, 
after consideration of the proposed text by the NCS Committee of 
Principals, Executive Agent, NCS, and Assistant to the President for 
National Security Affairs. Circulars are binding upon the Executive 
Agent, NCS; Manager, NCS; NCS Committee of Principals and member 
organizations; and other affected Executive entities. Circulars will 
expire after (1) incorporation into a directive, (2) one year from the 
date of issuance, or (3) a specified time period, whichever occurs 
first.
    f. NCS Manual. An issuance used to provide detailed description, 
explanation, or procedural or technical guidance concerning matters 
addressed in NCS directives or circulars. Manuals are issued by the 
Manager, NCS, subject to the provisions of paragraphs 9 d and e of this 
directive. Manuals are binding upon the Executive Agent, NCS; Manager, 
NCS; NCS Committee of Principals and member organizations; and other 
affected Executive entities. Manuals remain in effect until superseded 
or cancelled.
    g. NCS Handbook. An issuance used to provide detailed description, 
explanation, or procedural or technical guidance concerning matters 
addressed in NCS directives, circulars, or manuals. Handbooks are issued 
by the Manager, NCS, normally without consideration by the NCS Committee 
of Principals or Executive Agent. Handbooks are not binding upon the 
Executive Agent, NCS; Manager, NCS; NCS Committee of Principals or 
member organizations; or other affected Executive entities. Handbooks 
remain in effect until superseded or cancelled.
    h. NCS Notice. An issuance used for immediate dissemination of 
subject matter, usually informational, and either pending incorporation 
into an NCS handbook or of transitional interest. Notices are issued by 
the Manager, NCS, or authorized designees, normally without 
consideration by the NCS Committee of Principals or Executive Agent. 
Notices are not binding upon the Executive Agent, NCS; Manager, NCS; NCS 
Committee of Principals or member organizations; or other affected 
executive entities. Notices will expire after (1) incorporation into a 
handbook, (2) one year from the date of dissemination, or (3) a 
specified time period, whichever occurs first.
    i. OMNCS Office Order. An issuance used to implement and provide 
procedural guidance supplementary to NCS and other directives, manuals, 
or authority and outline managerial requirements. Office orders are 
limited to and binding upon the internal operation, administration, and 
personnel of the OMNCS. They are issued by the Manager, NCS, who may 
delegate further this authority, and they remain in effect until 
superseded or cancelled.
    7. Policy. The NCS Issuance System governs the issuance of rules and 
guidance concerning the internal organization, policies, procedures, 
practices, management, and/or personnel of NCS. Such rules and guidance 
will be issued in the form of NCS issuances or changes thereto. Proposed 
changes to an NCS issuance will be processed in the same manner as the 
issuance to which they pertain.
    8. Responsibilities.
    a. NCS member organizations:
    (1) May propose subjects for and develop new issuances, and propose 
changes in existing issuances.
    (2) May review and provide comments regarding proposed NCS 
directives, circulars, and manuals, as desired or authorized by 
paragraph 9e below.
    (3) May consider and comment upon NCS handbooks and notices.
    b. The NCS Committee of Principals and Executive Agent:
    (1) May propose subjects for and develop new issuances, and propose 
changes in existing issuances.
    (2) Will review and provide comments as needed to the Executive 
Office of the President regarding proposed NCS directives and circulars.
    (3) Will consider and approve, and may comment upon, NCS manuals, as 
specified in paragraph 9 below.
    (4) May consider and comment upon NCS handbooks and notices.
    c. The Manager, NCS:

[[Page 851]]

    (1) Will maintain and administer the NCS Issuance System.
    (2) May propose subjects for and develop new issuances, and propose 
changes in existing issuances.
    (3) Will consider, issue, and comment upon, as needed, NCS manuals 
(as specified in paragraph 9 below), handbooks, notices, and OMNCS 
office orders.
    (4) Will forward NCS issuances and any comments thereon to the NCS 
Committee of Principals; Executive Agent, NCS; and/or Executive Office 
of the President, as required.
    9. Delegations of Authority.
    a. The NCS Committee of Principals and Executive Agent are hereby 
delegated the authority to approve NCS manuals, subject to the 
conditions specified below in paragraphs 9 d and e.
    b. The Manager, NCS, is hereby delegated the authority to issue NCS 
manuals, handbooks, and notices.
    c. The Manager, NCS, is hereby delegated the authority to approve 
and issue OMNCS office orders. The Manager may further delegate this 
authority.
    d. NCS manuals will be issued 30 calendar days following 
notification to the NCS Committee of Principals of approval by the 
Committee of Principals and Executive Agent, but only (1) if authorized 
by an NCS directive or circular, and (2) subject to the condition 
specified in paragraph 9e below.
    e. Upon either approval or disapproval of an NCS manual by the 
Committee of Principals and/or Executive Agent, the NCS Executive Agent, 
Manager, Committee of Principals, and member organizations may, within 
30 calendar days after notification to the Committee of Principals of 
such action, submit a written request for review of the manual to the 
Director, Office of Science and Technology Policy; Director, Office of 
Management and Budget; or Assistant to the President for National 
Security Affairs. Any such request will include reasons. Copies of the 
request shall be provided concurrently to the NCS Committee of 
Principals, Executive Agent, and Manager, as necessary. For a period of 
30 calendar days thereafter, any NCS entity may submit comments to the 
Director, Office of Science and Technology Policy; Director, Office of 
Management and Budget; or Assistant to the President for National 
Security Affairs. Any manual under such review may not be issued until 
resolution of the matter in question by (1) direction from the Director, 
Office of Science and Technology Policy, and/or Director, Office of 
Management and Budget, after consideration by the Assistant to the 
President for National Security Affairs; or (2) withdrawal of each 
request for review.
    10. Authorizing Provisions. NCS manuals implementing this directive 
are authorized.
    11. Effective Date. This directive is effective immediately.
    12. Expiration. This directive will remain in effect until 
superseded or cancelled.

                            2 Appendices \2\
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    \2\ Editorial Note: See Sec. 216.2(c) and the note following the 
table of contents for the appendix to part 216.
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                      A. Executive Order No. 12472

Director, Office of Science and Technology Policy.
    Dated: November 30, 1987.
Director, Office of Management and Budget.
    Dated: November 17, 1987.
Assistant to the President for National Security Affairs.
    Dated: September 18, 1987.

    Note: Appendix A to NCS Directive 1-1, Executive Order No. 12472 of 
April 3, 1984, is not published in full in the appendix to part 216. The 
text of Executive Order 12472 appears in  49 FR 13471 , April 5, 1984, and 
in 3 CFR, 1984 Comp., p. 193.

                           [NCS Directive 1-2]

 Organization, Membership, and Administration--National Communications 
                         System (NCS) Membership

November 30, 1987.

    1. Purpose. This directive identifies the membership of the National 
Communications System (NCS) as designated by the President and assigns 
associated responsibilities.
    2. Applicability. This directive is binding upon the Executive 
Agent, NCS; Manager, NCS; NCS Committee of Principals and member 
organizations; and other affected Executive entities.
    3. Authority. This directive is issued under the authority of 
Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984;  49 FR 13471  (1984), and NCS Directive 1-1, ``National Communications System 
(NCS) Issuance System,'' November 30, 1987.
    4. References.
    a. Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984,  49 FR 13471  (1984). (The text of this Executive Order is included as 
appendix A to NCS Directive 1-1, ``National Communications System (NCS) 
Issuance System,'' November 30, 1987.) \1\
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    Editorial Notes:
    \1\ See the note at the end of Directive 1-1.
    \2\ See Sec. 216.2(c) and the note following the table of contents 
for the appendix to part 216.
    \3\ See Sec. 216.2(c) and the note following the table of contents 
for the appendix to part 216.

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[[Page 852]]

    b. NCS Directive 1-1, ``National Communications System (NCS) 
Issuance System,'' November 30, 1987.
    c. White House Memoranda, subject ``The National Communications 
System,'' dated July 13, 1984 (appendices A and B).\2\
    d. White House Memoranda, subject ``Application of the Department of 
Health and Human Services (HHS) for Membership in the National 
Communications System (NCS),'' dated May 7, 1987 (appendix C).\3\
    e. NCS Manual 1-2-1, ``Bylaws of the National Communications System 
(NCS) Committee of Principals,'' November 30, 1987.
    5. Cancellation. NCS Memorandum 2-63, ``Approval of Initial NCS 
Tasks 1 and 2,'' December 13, 1963; and NCS Memorandum 2-64, 
``Additional Networks Approval for Inclusion in the National 
Communications System,'' December 11, 1964, are hereby cancelled.
    6. Definitions.
    a. Full Member. A representative on the NCS Committee of Principals 
of an organization entitled to unqualified participation, subject to 
Committee bylaws (reference 4e) and prevailing legal authority. 
Organizations represented by full members will be bound by rules and 
other legal authority governing the NCS.
    b. Liaison member. A representative on the NCS Committee of 
Principals of an organization invited by the President to participate, 
without the right to vote on matters before the Committee.
    7. Policy. Active participation in NCS activities by organizations 
represented on the Committee of Principals is critical to effective 
national security emergency preparedness telecommunications. 
Accordingly, each organization represented by a full member should 
detail at least one full-time employee to serve either on the staff of 
the Manager, NCS, or as a resident representative to the NCS' National 
Coordinating Center. Exceptions to this policy may be authorized on a 
case-by-case basis by the Assistant to the President for National 
Security Affairs.
    8. Designated Full Members. The President has designated the 
following Federal entities to participate in the NCS and be represented 
by full members on the Committee of Principals: Department of State; 
Department of the Treasury; Department of Defense; Department of 
Justice; Department of the Interior; Department of Agriculture; 
Department of Commerce; Department of Health and Human Services; 
Department of Transportation; Department of Energy; Central Intelligence 
Agency; Office of the Joint Chiefs of Staff; General Services 
Administration; United States Information Agency; National Aeronautics 
and Space Administration; Veterans Administration; Federal Emergency 
Management Agency; National Security Agency; and National 
Telecommunications and Information Administration.
    9. Invited Participants. The President has invited the Federal 
Communications Commission, Nuclear Regulatory Commission, U.S. Postal 
Service, and Federal Reserve System to participate in the NCS and be 
represented on the Committee of Principals by either liaison or full 
members. Invited participants choosing to be represented by full members 
will be bound by NCS issuances promulgated pursuant to reference 4b.
    10. Responsibilities.
    a. Each organization represented by a full member on the NCS 
Committee of Principals:
    (1) Will accredit the full member as the organization's authorized 
representative in matters before the Committee, including matters 
involving policy, budget, and resources.
    (2) Will participate in all activities of the Committee.
    (3) Should execute a Memorandum of Agreement with the Executive 
Agent or Manager, NCS, to provide personnel and staff support to the 
Office of the Manager, NCS, in accordance with section 3(i)(3) of 
Executive Order No. 12472 and policy established in this directive.
    b. Each organization represented by a liaison member on the 
Committee of Principals:
    (1) May participate as desired in Committee activities.
    (2) Should execute a Memorandum of Agreement with the Executive 
Agent or Manager, NCS, describing the nature and extent of participation 
in the NCS.
    c. The Executive Agent or Manager, NCS, will prepare and execute 
Memoranda of Agreement as described in paragraphs 10 a and b above.
    11. Authorizing Provision. NCS manuals implementing this directive 
are authorized.
    12. Effective Date. This directive is effective immediately.
    13. Expiration. This directive is in effect until superseded or 
cancelled.

Director, Office of Science and Technology Policy.
    Dated: November 30, 1987.
Director, Office of Management and Budget.
    Dated: November 17, 1987.
Assistant to the President for National Security Affairs.
    Dated: September 18, 1987.

                           [NCS Directive 2-1]

  Plans, Programs, and Fiscal Management--National Security Emergency 
         Preparedness (NSEP) Telecommunications Planning Process

September 30, 1988.


[[Page 853]]


    1. Purpose. This directive establishes the interagency process by 
which unified planning is conducted within the National Communications 
System (NCS) to ensure the coordinated development of a responsive and 
survivable national telecommunications infrastructure to meet the NSEP 
telecommunications needs of the Federal Government.
    2. Applicability. This directive is binding upon the Executive 
Agent, NCS; Manager, NCS; NCS Committee of Principals and Member 
Organizations; and other affected Executive entities.
    3. Authority. This directive is issued under the provisions of 
Executive Order (E.O.) No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications,'' April 3, 1984,  49 FR 13471  
(1984) and NCS Directive (NCSD) No. 1-1, ``National Communications 
System (NCS) Issuance System,'' November 30, 1987.
    4. References.
    a. E.O. 12472, ``Assignment of National Security and Emergency 
Preparedness Telecommunications Functions,'' April 3, 1984,  49 FR 13471  
(1984).
    b. NCS Directive 2-2, ``National Level NSEP Telecommunications 
Program (NLP) Funding,'' November 30, 1987.
    c. ``National Security Emergency Preparedness (NSEP) 
Telecommunications Planning Process,'' March 27, 1986, NCS 326/8.\1\
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    \1\ Editorial Note: See Sec. 216.2(c) and the note following the 
table of contents for the appendix to part 216.
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    d. White House Memorandum, ``National Communications System (NSEP) 
Telecommunications Planning Process,'' October 11, 1986, (appendix).\2\
    5. Cancellation. NCS Memorandum No. 2-69, ``Interim Procedures for 
Application of Planning--Programming--Budgeting System (PPBS) Features 
in the NCS Planning Process,'' October 31, 1969, is hereby cancelled.
    6. Definitions.
    a. The National Level NSEP Telecommunications Program (NLP). Those 
NSEP telecommunications programs benefiting multiple departments and 
agencies that are to be undertaken within the NCS structure, and the 
accompanying provisions for their shared funding and implementation.
    b. Capability Objectives. That key Planning Process element which 
defines the set of capabilities needed to meet the NSEP 
telecommunication requirements of the Federal Government.
    c. Deficiencies and Priorities. That key Planning Process element 
which identifies shortcomings or shortfalls in existing capabilities 
that inhibit or preclude the satisfaction of Federal NSEP 
telecommunications requirements.
    d. Candidate Initiatives. That key Planning Process element which 
describes actions selected to mitigate identified deficiencies and 
achieve the overall enhancement of NSEP telecommunications capabilities.
    e. Evolutionary NSEP Telecommunications Architecture. That Planning 
Process element which describes the overall structure of 
telecommunications capabilities and resources to support Federal 
government NSEP requirements and the framework for the design, 
evaluation, and integration of NSEP telecommunications initiatives.
    7. Policy. The mission of the NCS is to assist the President, the 
National Security Council (NSC), the Director of the Office of Science 
and Technology Policy (OSTP), and the Director of the Office of 
Management and Budget (OMB) in the exercise of the telecommunications 
functions and responsibilities assigned to them by E.O. 12472, and to 
coordinate the planning for and provision of NSEP telecommunications for 
the Federal government under all circumstances, including crisis or 
emergency, attack, recovery, and reconstitution.
    a. To support the performance of this mission, a unified planning 
process for NSEP telecommunications will be implemented to:
    (1) Establish, on an evolutionary basis, a NSEP telecommunications 
planning mechanism that facilitates the integration of Federal 
government, commercial/private sector, and State/local government 
activities and capabilities;
    (2) Define the capabilities required to support NSEP 
telecommunications needs;
    (3) Identify a set of feasible near- and long-term national level 
NSEP telecommunications initiatives for the achievement of those 
capabilities; and
    (4) Develop, and provide for the effective implementation of, 
approved national level NSEP telecommunications programs.
    b. These planning functions will be carried out within the framework 
of an overall process involving the design and maintenance of an 
evolutionary NSEP telecommunications architecture, and the annual 
development, documentation, review, and approval of capability 
objectives, deficiencies and priorities, candidate initiatives, and a 
National Level Program.
    8. Responsibilities.
    a. Executive Office of the President (EOP).
    (1) Within the EOP, the NSC, in conjunction with OSTP and OMB, will:
    (a) Provide overall policy and program direction for NSEP 
telecommunications planning;
    (b) Provide, after appropriate consultation with the Director of 
Central Intelligence and the Attorney General, a definition of the 
threat for planning purposes;
    (c) Review and validate Capability Objectives;

[[Page 854]]

    (d) Review and provide program planning guidance to the NCS 
regarding Deficiencies and Priorities and Candidate Initiatives; and
    (e) Provide direction for the implementation of the National Level 
Program.
    (2) In addition, the OSTP will also:
    (a) Provide recommendations regarding, and the results of tests, 
exercises, and evaluations;
    (b) Provide recommendations relating to the enhancement of plans and 
procedures for the management of Federal telecommunications resources in 
crises or emergencies.
    (3) As provided for in E.O. 12472, OMB, ``* * * will, in conjunction 
with the National Security Council, provide general guidelines and 
procedures for reviewing the financing of the NCS within the budgetary 
process and for preparation of budget estimates by participating 
organizations. These guidelines and procedures may provide for 
mechanisms for funding, through the budget review process, NSEP 
telecommunications initiatives which benefit multiple departments and 
agencies.
    (4) The NSC, OSTP, OMB and the Executive Agent, NCS, will:
    (a) Review and approve or modify the proposed National Level Program 
developed by the NCS.
    b. The Executive Agent, NCS, will:
    (1) Provide direction for the conduct of NSEP telecommunications 
planning activities and serve as the principal interface between the NCS 
and the EOP;
    (2) Review the Capability Objectives, Deficiencies and Priorities, 
Candidate Initiatives, and the proposed National Level Program and 
forward them, with NCS COP and Executive Agent recommendations, for the 
consideration of the EOP;
    (3) Transmit NSEP Telecommunications planning guidance and direction 
received from the EOP to the Manager, NCS; and
    (4) Oversee the overall planning activities of the NCS.
    c. Individual NCS member organizations * will:
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    * Certain NCS member organizations are also assigned special 
telecommunications planning responsibilities within the Federal 
Government, e.g., spectrum planning, telecommunications security and 
protection, and diplomatic and intelligence communications planning. 
These organizations will work with the Manager, NCS, to assure that 
their special areas of responsibility are reflected in the National 
Level Program to the maximum extent practicable. For example, FEMA will 
ensure that State/local NSEP telecommunications concerns, activities, 
and capabilities are considered, to the maximum extent practicable, 
within the Planning Process.
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    (1) Identify their essential emergency functions (EEFs) and NSEP 
telecommunications needs and requirements;
    (2) Describe initiatives being implemented within their 
organizations to improve NSEP telecommunications capabilities;
    (3) Provide any information ** regarding their telecommunications 
operating systems, networks, facilities, plans, and procedures that is 
required for effective NSEP telecommunications planning; and
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    ** Such information from NCS members organizations will be provided 
to the extent permitted by law and regulation, and with due regard for 
the need to protect classified or otherwise sensitive national security 
or intelligence information.
---------------------------------------------------------------------------

    (4) Recommend and provide budget estimates for candidate national 
level NSEP telecommunications initiatives.
    d. The NCS Committee of Principals (COP) will:
    (1) Review, consider, and provide recommendations regarding NSEP 
Telecommunications Requirements, Capability Objectives, Deficiencies and 
Priorities, Candidate Initiatives, and the proposed National Level 
Program to the Executive Agent and the EOP;
    (2) Assist in the coordination of NSEP telecommunications planning 
activities with other related planning activities and processes; and
    (3) Serve as forum for the evaluation of the National Level Program 
and assessment of the effectiveness of the NSEP Telecommunications 
Planning Process.
    e. The Manager, NCS, will:
    (1) Ensure the annual development and documentation for NSEP 
Telecommunications Planning Process elements based upon NSEP 
telecommunications requirements and threat and policy guidance provided 
by the EOP;
    (2) Develop, for consideration by the NCS COP, the Capability 
Objectives, Deficiencies and Priorities, and Candidate Initiatives and 
forward them for the consideration of the Executive Agent and the EOP;
    (3) Provide annually a proposed National Level Program for the 
consideration of the NCS COP and the Executive Agent;
    (4) Design and maintain the evolutionary NSEP Telecommunications 
Architecture;
    (5) Coordinate planning activities within the NCS structure and 
provide staff support and technical assistance for the overall planning 
effort; and
    (6) Obtain the NSEP telecommunications recommendations of the U.S. 
telecommunications industry through the National Security 
Telecommunications Advisory Committee (NSTAC).
    9. Procedures.

[[Page 855]]

    a. Key NSEP Telecommunications Planning Process elements will be 
developed and considered on an annual basis as follows:
    (1) Capability Objectives will be presented for NCS COP 
consideration by the Manager, NCS; forwarded with NCS COP 
recommendations to the Executive Agent, NCS; and transmitted with NCS 
COP and Executive Agent recommendations to the NSC, OSTP, and OMB for 
validation.
    (2) Deficiencies and Priorities will be presented to the NCS COP by 
the Manager, NCS; forwarded with NCS COP recommendations to the 
Executive Agent, NCS; and transmitted with NCS COP and Executive Agent 
recommendations to the NSC, OSTP, and OMB for information and reference.
    (3) Candidate Initiatives will be presented to the NCS COP by the 
Manager, NCS; forwarded with NCS COP recommendations to the Executive 
Agent, NCS, OSTP, and OMB for information and reference.
    (4) A proposed National Level Program will be presented for NCS COP 
consideration in March by the Manager, NCS; forwarded with NCS COP 
recommendations to the Executive Agent, NCS; and transmitted with NCS 
and Executive Agent recommendations to the NSC, OSTP, and OMB for review 
in May.
    b. Preparation of the final National Level Program completes the 
annual planning cycle. However, it does not complete the budgetary 
cycle, which continues until budget requests are submitted to OMB for 
inclusion in the President's Budget. It is anticipated that, following 
consideration and approval of the National Level Program by the EOP, 
approved recommendations will be provided to OMB and the NCS member 
organizations for use in preparation of the President's Budget.
    c. As necessary, the EOP will also provide specific program funding 
and budgetary guidance to the NCS member organizations for the 
development of NSEP telecommunications budget requests.
    10. Authorizing Provision. NCS manuals implementing this directive 
are authorized.
    11. Effective Date. This directive is effective immediately.
    12. Expiration. This directive will remain in effect until 
superseded or cancelled.

                                Appendix:

    White House Memorandum, October 11, 1986 \4\
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    \4\ Editorial Note: See Sec. 216.2(c), and the note following the 
table of contents for the appendix to part 216.
---------------------------------------------------------------------------

    Director, Office of Science and Technology Policy.

    Dated: January 27, 1989.

    Director, Office of Management and Budget.

    Dated: January 19, 1989.

    Assistant to the President for National Security Affairs.

    Dated: January 19, 1989.

                           [NCS Directive 2-2]

      Plans, Programs, and Fiscal Management--National Level NSEP 
                Telecommunications Program (NLP) Funding

November 30, 1987.

    1. Purpose. This directive establishes policies and procedures and 
assigns responsibilities for the shared funding of approved national 
level national security emergency preparedness (NSEP) telecommunications 
programs and for the preparation and execution of National Level NSEP 
Telecommunications Program (NLP) Funding Memoranda of Agreement and 
funding agreements between NCS member organizations and the Manager, 
NCS.
    2. Applicability. This directive is binding upon the Executive 
Agent, NCS; NCS Committee of Principals; Manager, NCS; those NCS member 
organizations required to share costs of approved NLP programs; and 
other affected Executive entities.
    3. Authority. This directive is issued under the authority of 
Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984,  49 FR 13471  (1984), Section 2(e), and NCS Directive 1-1, ``National 
Communications System (NCS) Issuance System,'' November 30, 1987.
    4. Policy. The President has directed that implementation and 
recurring costs for national level NSEP telecommunications programs 
shall be shared on a pro rata basis. Each NCS organization's share of 
such costs shall be determined by its share of NSEP telecommunications 
requirements. The Department of Defense shall fund all development costs 
associated with approved national level NSEP telecommunications 
programs. Agreements shall be executed to govern NLP funding. Compliance 
with this policy is subject to the authorization and appropriation of 
funds by the Congress.
    5. References.
    a. Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984,  49 FR 13471  (1984).
    b. National Security Decision Directive (NSDD) 201, ``National 
Security Emergency Preparedness Telecommunications (NSEP) Funding,'' 
December 17, 1985 (appendix A).\1\
---------------------------------------------------------------------------

    \1\ Editorial Note: See Sec. 216.2(c) and the note following the 
table of contents for the appendix to part 216.
---------------------------------------------------------------------------

    c. NCS Directive 2-1, ``National Security Emergency Preparedness 
(NSEP) Telecommunications Planning Process,'' (presently in process).

[[Page 856]]

    6. Definitions.
    a. Shared Funding. The pro rata distribution among NCS member 
organizations of the implementation and recurring costs of approved 
national level NSEP telecommunications programs on the basis of each 
organization's NSEP telecommunications requirements.
    b. NSEP Telecommunications Requirements. Initially, those 
telecommunications requirements identified by NCS member organizations 
as part of the NSEP Telecommunications Requirements Analysis directed by 
the Executive Office of the President. Alternative methods for 
determining requirements may be used, subject to approval as prescribed 
in Executive Order No. 12472, section 2(c)(4).
    c. The National Level NSEP Telecommunications Program (NLP). That 
document developed as part of the NSEP Telecommunications Planning 
Process that identifies national level NSEP telecommunications programs 
and accompanying provisions for their shared funding and implementation.
    d. National Level NSEP Telecommunications Programs. Those programs 
that benefit multiple Federal departments, agencies, or entities and:
    (1) Directly enhance national telecommunications infrastructure and 
service capabilities within the framework outlined in Executive Order 
No. 12472, and
    (2) Are undertaken within the administrative structure of the NCS, 
i.e., by the Manager, NCS, NCS Committee of Principals (COP), and 
Executive Agent, NCS, via the NSEP Telecommunications Planning Process, 
and
    (3) Involved acquisition and operations/maintenance costs of 
sufficient magnitude to warrant shared funding.
    e. Development Costs. Those costs (e.g., research, pre-production 
engineering, proof of concept studies and demonstrations, and 
specification development) incurred prior to contract award leading to 
an operational capability.
    f. Implementation Costs. Those costs (e.g., acquisition/procurement, 
production engineering, installation, and nonrecurring lease) incurred 
after contract award leading to an operational capability and prior to 
operational capability being achieved.
    g. Recurring Costs. Those costs (e.g., recurring lease, maintenance, 
operational testing, and termination liability) incurred in support of 
the continuing operations and maintenance associated with national level 
programs.
    h. NLP Funding Memorandum of Agreement (MOA). A memorandum of 
agreement developed between an NCS member organization and the Manager, 
NCS, to implement the provisions of this directive.
    i. Funding Agreements. Funding documents, e.g., Interagency Funding 
Agreements and Vouchers, executed between the Manager, NCS, and NCS 
member organizations to provide for the payment of NLP funds to the 
Manager, NCS.
    7. Responsibilities.
    a. The Office of Management and Budget will provide guidance 
annually to NCS member organizations regarding the incorporation of 
funding for approved national level NSEP telecommunications programs in 
the President's Budget.
    b. The Department of Defense will provide funding for the 
development costs associated with approved national level NSEP 
telecommunications programs.
    c. The Manager, NCS, will:
    (1) Negotiate and execute NLP Funding Memoranda of Agreement and 
Interagency Funding Agreements with those NCS member organizations 
required to share the costs of approved national level NSEP 
telecommunications programs, and
    (2) Oversee the program and financial management of approved 
national level NSEP telecommunications programs, reporting quarterly on 
program status and the expenditure of funds to the NCS Committee of 
Principals.
    d. Each NCS member organization required to share the costs of the 
NLP will:
    (1) Incorporate its respective funding share of approved national 
level NSEP telecommunications programs in its annual budget submission;
    (2) Execute with the Manager, NCS, an NLP Funding Memorandum of 
Agreement after review by the organization's NCS Principal; and
    (3) Execute with the Manager, NCS those funding agreements required 
for payment of funds for approved national level NSEP telecommunications 
programs to the Manager, NCS.
    8. Procedures.
    a. NLP Funding Guidance. The NLP funding guidance required by 
paragraph 7a(1) of this directive will be provided to the NCS entities 
annually by August 1.
    b. NLP Funding Agreements. The shared funding of approved national 
level NSEP telecommunications programs will be accomplished through the 
execution, between NCS member organizations and the Manager, NCS of the 
following:
    (1) An NLP Funding Memorandum of Agreement that, as outlined in the 
model MOA at appendix B, provides for incorporation of the NLP funding 
share in an NCS member organization's budget submission; preparation and 
execution of an Interagency Funding Agreement; and reporting of the NLP 
status. Those NCS organizations required to share the costs of the NLP 
as of the effective date of this directive shall execute such Memoranda 
by September 30, 1987.

[[Page 857]]

    (2) An Interagency Funding Agreement that outlines the scope of work 
to be undertaken as part of the NLP, the associated period of 
performance, the estimated maximum costs, and procedures for submission 
of vouchers for transfers between appropriated funds. This agreement, 
which does not constitute an obligation of funds, shall be executed by 
August 31 each year to provide for the payment of NLP funds for the 
following fiscal year.
    (3) Vouchers for Transfers Between Appropriations And/Or Funds 
(Standard Form 1080) forwarded by the Manager, NCS, to the NCS member 
organizations prior to the start of the fiscal year in which NLP funds 
are to be expended. Organizations will effect the payment of funds upon 
receipt of appropriated funds (or Continuing Resolution(s)), subject to 
OMB apportionment of those funds.
    c. NLP Funding Shortfalls. If an NCS member organization is not 
authorized and appropriated the amount of funds necessary to pay its 
share of approved national level NSEP telecommunications programs, the 
Manager, NCS, should also be notified as soon as possible.
    9. Authorizing Provisions. NCS manuals implementing this directive 
are authorized.
    10. Effective Date. This directive is effective immediately.
    11. Expiration Date. This directive will remain in effect until 
superseded or cancelled.

                              2 Appendices

    A. NSDD 201, December 17, 1985 \2\
---------------------------------------------------------------------------

    \2\ Editorial Note: See Sec. 216.2(c) and the note following the 
table of contents for the appendix to part 216.
---------------------------------------------------------------------------

    B. Model NLP MOA

    Director, Office of Management and Budget.

    Dated: November 17, 1987.

 Appendix B--Model National Level NSEP Telecommunications Program (NLP) 
                  Funding Memorandum of Agreement (MOA)

    1. Purpose: This Memorandum of Agreement (MOA) defines the 
relationship between and responsibilities of the (name of NCS member 
organization) and the Office of the Manager, NCS (OMNCS), with respect 
to the financial management of national level national security 
emergency preparedness (NSEP) telecommunications programs approved by 
the Executive Office of the President (EOP) in the National Level NSEP 
Telecommunications Program (NLP).
    2. Scope: This MOA is limited to the implementation and recurring 
costs of approved national level NSEP telecommunications programs, 
including termination liability costs, if applicable. Development costs 
will be funded by the Department of Defense.
    3. Background: In April 1984, Executive Order No. 12472, 
``Assignment of National Security and Emergency Preparedness 
Telecommunications Functions,'' established a framework for the funding 
of NSEP telecommunications initiatives by the NCS, providing for:
    a. The prescription, by the Office of Management and Budget (OMB) in 
consultation with the National Security Council (NSC) and the NCS, of 
general guidelines and procedures for reviewing the financing of the NCS 
within the budgetary process, and for the preparation of budget 
estimates by participating agencies.
    b. The determination, by the NSC, the Office of Science and 
Technology Policy (OSTP), and OMB in consultation with the Executive 
Agent, NCS, and the NCS Committee of Principals (COP), of what 
constitutes NSEP telecommunications requirements, and
    c. The determination, by Federal departments and agencies, of their 
NSEP telecommunications requirements and the provision, after 
consultation with the Office of Management and Budget (OMB), of 
resources to support their respective requirements for NSEP 
telecommunications.
    To implement the provisions of Executive Order No. 12472, the 
President directed in National Security Decision Directive (NSDD) 201, 
that ``implementation and recurring costs for national level NSEP 
telecommunications programs (i.e., those which benefit multiple Federal 
departments, agencies or entities) shall be shared on a pro rata basis 
determined by each organization's share of NSEP telecommunications 
requirements.'' The Director, OMB, subsequently instructed the NCS 
member organizations to work with the Manager, NCS, to develop the 
necessary agreements for the payment of member funds to the Office of 
the Manager, NCS (OMNCS).
    4.0  Responsibilities
    4.1  The Office of the Manager, NCS, shall:
    a. Serve as the Office of Primary Responsibility for the financial 
and program management of approved national level NSEP 
telecommunications programs.
    b. Upon approval of national level NSEP telecommunications programs 
and receipt of funding guidance from the EOP, prepare an Interagency 
Funding Agreement necessary to effect the payment of (name of NCS member 
organization) funds to the Manager, NCS. This agreement shall be 
executed by August 31 each year.
    c. Prepare and provide vouchers for transfers between appropriations 
and/or funds (Standard Form 1080) for (name of NCS member organization)
    d. Provide technical, programmatic, and financial management support 
for individual national level NSEP telecommunications

[[Page 858]]

programs, including the maintenance of financial records and accounting 
system and the update of program plans.
    e. Report quarterly to the NCS COP on the programmatic and financial 
status of approved national level NSEP telecommunications programs.
    f. Advise the (name of NCS member organization) of any significant 
programmatic or financial adjustments/modifications.
    4.2  The (name of NCS member organization) will:
    a. Incorporate its respective funding share of approved national 
level NSEP telecommunications programs in its annual budget submission.
    b. Execute with the Manager, NCS, by August 31 each year the 
Interagency Funding Agreement required for the transfer, payment and/or 
reimbursement of funds for the NLP.
    c. Upon receipt of appropriations (or Continuing Resolution(s)) for 
each applicable fiscal year and subject to OMB apportionment of those 
funds, effect the payment of funds to the Manager, NCS, in accordance 
with Standard Form 1080.
    5.0  Implementation: This MOA is effective upon the date of the 
latest signature. This MOA is subject to periodic review and update as 
circumstances warrant and will terminate upon the mutual agreement of 
the parties. Compliance with this MOA is subject to the authorization 
and appropriation of funds by the Congress.

(Signature)
(Name of Manager, NCS)
(Title of Manager, NCS)
    Date:

(Signature)
(Name of Authorized Official)
(Title of Authorized Official)
(Name of NCS Organization)
    Date:

                           [NCS Directive 3-1]

Telecommunication Operations--Telecommunications Service Priority (TSP) 
       System for National Security Emergency Preparedness (NSEP)

July 5, 1990.

    1. Purpose. This directive implements policy, explains legal and 
regulatory basis, assigns responsibilities, and prescribes procedures 
for the Telecommunications Service Priority (TSP) System for National 
Security Emergency Preparedeness (NSEP).
    2. Applicability.
    a. This directive is binding upon the Executive Agency, NCS; 
Manager, NCS; NCS Committee of Principals and member organizations; and 
other affected Executive entities.
    b. This directive applies to NSEP telecommunication services:
    (1) For which initial or revised priority level assignments are 
requested pursuant to paragraph 12 of this directive.
    (2) Which were assigned restoration priorities under the provisions 
of 47 CFR part 64, appendix A, ``Priority System for the Restoration of 
Common Carrier Provided Intercity Private Line Services,'' 47 CFR part 
211, ``Emergency Restoration Priority Procedures for Telecommunications 
Services,'' and NCS Memorandum 1-68 and are being resubmitted for 
priority level assignments pursuant to paragraph 14 of this directive. 
(Such services will retain assigned restoration priorities until a 
resubmission for a TSP assignment is completed or until the existing RP 
rules are terminated.)
    3. Authority. This directive is issued under the authority of 
section 706 of the Communications Act of 1934, as amended (47 U.S.C. 
606); Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984,  49 FR 13471  (1984); NCS Directive 1-1, ``National Communications System 
(NCS) Issuance System,'' November 30, 1987; and 47 CFR part 64, appendix 
A, ``Telecommunications Service Priority (TSP) System for National 
Security Emergency Preparedness (NSEP).''
    4. References.
    a. Communications Act of 1934, as amended (47 U.S.C. 151, et seq.).
    b. Defense Production Act of 1950, as amended (50 U.S.C. appendix, 
section 2061, et seq.).
    c. Disaster Relief Act (42 U.S.C. 5121 et seq.).
    d. Foreign Intelligence Surveillance Act (50 U.S.C. 1801, et seq. 
and 18 U.S.C. 2511, 2518, and 2519).
    e. Title 47, Code of Federal Regulations, part 64, appendix A, 
``Priority System for the Restoration of Common Carrier Provided 
Intercity Private Line Services;'' 47 CFR part 64, appendix A (1980).
    f. Title 47, Code of Federal Regulations, part 64, appendix A, 
``Telecommunications Service Priority (TSP) System for National Security 
Emergency Preparedness (NSEP).''
    g. Defense Priorities and Allocation System (15 CFR part 350).
    h. Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984,  49 FR 13471  (1984).
    i. NCS Memorandum 1-68, ``National Communications System (NCS) 
Circuit Restoration Priority System,'' July 18, 1968.\1\
---------------------------------------------------------------------------

    \1\ Editorial Note: See Sec. 216.2(c).
---------------------------------------------------------------------------

    5. Cancellation and/or Supersession. NCS Memorandum 1-68, ``National 
Communications System (NCS) circuit Restoration Priority System,'' July 
18, 1968; NCS circular 55-

[[Page 859]]

1, ``Processing Requests for Temporary Adjustments to NCS circuit 
Restoration Priority Assignments,'' July 8, 1970: and NCS Circular 55-2, 
``NCS Data Base,'' November 21, 1977, with Change 1, May 30, 1978; are 
hereby superseded by, and cancelled under the authority of this 
directive on its effective date.
    6. Definitions. See appendix.
    7. Scope of the NSEP TSP System.
    a. Domestic NSEP Services. The NSEP TSP System and procedures 
established in 47 CFR part 64 and in this directive authorize priority 
treatment to the following domestic telecommunication services 
(including portions of U.S. international telecommunication services 
provided by U.S. vendors) for which provisioning or restoration priority 
levels are requested, assigned, and approved in accordance with this 
directive and any implementing manuals:
    (1) Common carrier services which are:
    (a) Interstate or foreign telecommunication services.
    (b) Intrastate telecommunication services inseparable from 
interstate or foreign telecommunications services, and intrastate 
telecommunication services to which priority levels are assigned 
pursuant to paragraph 13 of this directive.

    (Note: Initially, the NSEP TSP System's applicability to public 
switched services is limited to (a) provisioning of such services (e.g., 
business, centrex, cellular, foreign exchange, Wide Area Telephone 
Service (WATS) and other services that the selected vendor is able to 
provision), and (b) restoration of services that the selected vendor is 
able to restore.)

    (2) Services which are provided by government and/or non-common 
carriers and are interconnected to common carrier services assigned a 
priority level pursuant to paragraph 13 of this directive.
    b. Control Services and Orderwires. The NSEP TSP System and 
procedures implemented in this directive are not applicable to authorize 
priority treatment to control services or orderwires owned by a service 
vendor and needed for provisioning, restoration, or maintenance of other 
services owned by that vendor. Such control services and orderwires 
shall have priority of provisioning and restoration over all other 
telecommunication services (including NSEP services) and shall be exempt 
from preemption. However, the NSEP TSP System and procedures implemented 
in this directive are applicable to control services or orderwires 
leased by a service vendor or user from another service vendor.
    c. Other Services. The NSEP TSP System may apply, at the discretion 
of and upon special arrangements by the entities involved, to authorize 
priority treatment to the following telecommunication services:
    (1) Government or non-common carrier services which are not 
connected to common carrier provided services assigned a priority level 
pursuant to paragraph 13 of this directive.
    (2) Portions of U.S. international services which are provided by 
foreign correspondents. (Subject to pertinent law, including references 
4a, 4c, and 4f, U.S. telecommunication service vendors are encouraged to 
ensure that relevant operating arrangements are consistent to the 
maximum extent practicable with the NSEP TSP System. If such agreements 
do not exist, U.S. telecommunication service vendors should handle 
service provisioning and/or restoration in accordance with any system 
acceptable to their foreign correspondents which allows provisioning and 
restoration in the manner most comparable to the procedures established 
in this directive.) In addition, the U.S. government, acting through the 
Department of State, may enter into the following types of agreements to 
ensure that priority provisioning and restoration procedures consistent 
with those governing domestic services within the NSEP TSP System are in 
place: (a) Bilateral agreements for reciprocal priority treatment for 
critical foreign government telecommunication services in the U.S., and 
(b) multilateral agreements within such international telecommunication 
organizations as the North Atlantic Treaty Organization's Allied Long 
Lines Agency or Civil Communications Planning Committee, which have or 
are conducive to having a provisioning and restoration priority system.
    d. Subpriority and Precedence Systems. Service users may implement 
subpriority and/or precedence systems that are consistent, and do not 
conflict with, the NSEP TSP System.
    8. Policy. The NSEP TSP System is the regulatory, administrative, 
and operational system authorizing and providing for priority treatment 
(i.e., provisioning, and restoration) of NSEP telecommunication services 
(see definition in appendix). As such, it establishes the framework for 
NSEP telecommunication service vendors to provision, restore, or 
otherwise act on a priority basis to ensure effective NSEP 
telecommunication services. The NSEP TSP System allows the assignment of 
priority levels to any NSEP service across three time periods, or stress 
conditions: Peacetime/Crisis/Mobilization, Attack/War, and Post-Attack/
Recovery. All requests for priority level assignments will be processed 
through the Manager, NCS. Although priority levels normally will be 
assigned by the Manager, NCS, and retained by service vendors, only for 
the current time period, they may also be preassigned for the other two 
time periods at the request of service users who are able to identify 
and

[[Page 860]]

justify, in advance, their wartime or post-attack NSEP telecommunication 
requirements. Absent such preassigned priority levels for the Attack/War 
and Post-Attack/Recovery periods, priority level assignments for the 
Peacetime/Crisis/Mobilization period will remain in effect. At all 
times, priority level assignments will be subject to revision by the 
Federal Communications Commission (FCC); or, on an interim basis, the 
Director, Office of Science and Technology Policy (OSTP); and the 
Manager, NCS, based upon changing NSEP needs. No other system of 
telecommunication service priorities which conflicts with the NSEP TSP 
System is authorized.
    9. Legal Basis for the NSEP TSP System. The laws and regulations 
authorizing the NSEP TSP System are those cited above in paragraphs 3 
and 4.
    a. Communications Act. Sections 1, 4(i), and 201 thru 205 of the 
Communications Act of 1934 (47 U.S.C., 151, 154(i), and 201 thru 205) 
grant to the FCC the authority over assignment and approval of 
priorities for provisioning and restoration of common carrier-provided 
telecommunication services. Under section 706 of the Communications Act, 
this authority may be superseded, and expanded to include privately 
owned telecommunication services, by the war emergency powers of the 
President of the United States.
    b. Executive Order No. 12472. In Executive Order No. 12472, the 
President tasked the NCS to assist the Director, OSTP, in the exercise 
of the President's war emergency powers. Executive Order No. 12472 also 
directs the Manager, NCS, to assist the Director, OSTP, in executing 
those functions by developing plans and procedures for the management, 
allocation and use (including the establishment of priorities and 
preferences) of federally owned or leased telecommunication assets.
    c. Federal Rules. The FCC and Executive Office of the President 
(EOP) have used their respective authorizations to develop and establish 
the NSEP TSP System as the one uniform system of priorities for the 
provisioning and restoration of NSEP telecommunication services, both 
before and after invocation of the section 706 Presidential war 
emergency powers. The Federal rules governing the NSEP TSP System have 
been promulgated by the FCC and OSTP (on behalf of the EOP) in title 47 
of the Code of Federal Regulations. In those rules, the FCC has 
requested the EOP to administer the NSEP TSP System before the 
invocation of section 706 of the Communications Act, Presidential war 
emergency powers. In this directive, the EOP assigns to the Manager, 
NCS, both this administrative authority to administer the NSEP TSP 
System before, and the President's statutory authority to administer the 
NSEP TSP System after, the invocation of the section 706 Presidential 
war emergency powers.
    d. Defense Production Act. The Defense Production Act of 1950 
authorizes the President to require the priority performance of 
contracts and orders necessary to promote national defense. It also 
authorizes the President to allocate materials and facilities as 
necessary to promote national defense. Pursuant to the Defense 
Production Act, regulations promulgated by the Department of Commerce in 
the Defense Priorities and Allocations System (DPAS) permit the 
assignment of ``priority ratings'' to equipment associated with NSEP 
telecommunication services warranting priority treatment, if they 
support authorized programs under Schedule I of the DPAS.
    e. Contracts. NSEP telecommunication service users may also employ 
contractual mechanisms to obtain the priority provisioning or 
restoration of service, including customer premises equipment and 
wiring. However, any such contractual arrangements must be consistent 
with NSEP TSP System rules and regulations, including any priority order 
of provisioning and restoration assigned in accordance with the NSEP TSP 
System.
    10. Responsibilities.
    a. Federal Communications Commission. As authorized by the 
Communications Act the FCC will:
    (1) Provide regulatory oversight of implementation of the NSEP TSP 
System.
    (2) Enforce NSEP TSP System rules and regulations which are 
contained in 47, CFR, part 64.
    (3) Act as final authority for approval, revision, or disapproval of 
priority actions by the Manager, NCS, and adjudicate disputes regarding 
either priority actions or denials of requests for priority actions by 
the Manager, NCS, until superseded by the President's war emergency 
powers under section 706 of the Communications Act.
    (4) Function (on a discretionary basis) as a sponsoring Federal 
organization. (See paragraph 10d below.)
    b. Director, Office of Science and Technology Policy. The Director, 
OSTP, EOP, will:
    (1) During exercise of the President's war emergency powers under 
section 706 of the Communications Act, act as the final approval 
authority for priority actions or denials of requests for priority 
actions, adjudicating any disputes.
    (2) Provide oversight of Executive branch activities associated with 
the NSEP TSP System, including assignment of priority levels for 
telecommunications service provisioning and restoration across all time 
periods.
    (3) Function (on a discretionary basis) as a sponsoring Federal 
organization. (See paragraph 10d below.)
    c. Manager, NCS. The Manager, NCS, will:

[[Page 861]]

    (1) Implement the NSEP TSP System under the oversight of the FCC and 
Director, OSTP, in consultation with the NCS Committee of Principals.
    (2) Administer the NSEP TSP System, which includes:
    (a) Receiving, processing, and evaluating requests for priority 
actions from service users, or sponsoring Federal government 
organizations on behalf of service users (e.g., Departments of State or 
Defense on behalf of foreign governments, Federal Emergency Management 
Agency on behalf of state and local governments, and any Federal 
organization on behalf of private industry entities). Action on such 
requests will be completed within 30 days of receipt.
    (b) Assigning, revising, revalidating, or revoking priority levels 
as necessary or upon request of service users concerned, and denying 
requests for priority actions as necessary, using paragraph 16 of this 
directive. Under circumstances short of exercise of Presidential war 
emergency powers under section 706 of the Communications Act and time 
permitting, coordinate such changes in priority level assignments in 
advance with requesting and/or affected parties. Action on such requests 
will be completed within 30 days of receipt.
    (c) Maintaining data on priority level assignments.
    (d) Periodically forwarding to the FCC and Director, OSTP, lists of 
priority actions for review and approval.
    (e) Periodically initiating reconciliation.
    (f) Testing and evaluating the NSEP TSP System for effectiveness.
    (g) Conducting audits as necessary. Any Telecommunications Service 
Priority (TSP) System user may request the Manager, NCS to conduct an 
audit. (See the definition of an ``audit'' in appendix A.)
    (h) Issuing, subject to review by the FCC, procedures supplemental 
to and consistent with this directive regarding operation and use of the 
NSEP TSP System.
    (i) Serving as a centralized point-of-contact for collecting and 
disseminating to all interested parties (consistent with requirements 
for treatment of classified and proprietary material) information 
concerning use and abuse of the NSEP TSP System.
    (j) Establishing and assisting a TSP System Oversight Committee to 
identify and review any problems developing in the system and 
recommending actions to correct them or prevent recurrence. In addition 
to representatives of the EOP, representatives from private industry 
(including telecommunication service vendors), state and local 
governments, the FCC, and other organizations may be appointed to the 
committee.
    (k) Reporting at least quarterly to the FCC; Director, OSTP; and TSP 
System Oversight Committee, together with any recommendations for 
action, the operational status of and trends in the NSEP TSP System, 
including:
    (i) Numbers of requests processed for the various priority actions, 
and the priority levels assigned.
    (ii) Relative percentages of services assigned to each priority 
level under each NSEP category and subcategory.
    (iii) Any apparent serious misassignment or abuse of priority level 
assignments.
    (iv) Any existing or developing problem.
    (l) Submitting semi-annually to the FCC; Director, OSTP; and TSP 
System Oversight Committee a summary report identifying the time and 
event associated with each invocation of NSEP treatment under paragraph 
13c of this directive and section 10c of 47 CFR part 64; whether the 
NSEP service requirement was adequately handled; and whether any 
additional charges were incurred. These reports will be due by April 
30th for the preceding July through December and by October 31st for the 
preceding January through June time periods.
    (3) Function (on a discretionary basis) as a sponsoring Federal 
organization. (See paragraph 10d below.)
    d. Sponsoring Federal Organizations. Sponsoring Federal 
organizations will:
    (1) Review and decide whether to sponsor private industry (including 
telecommunication service vendors) requests for priority actions. 
Federal organizations will forward sponsored requests with 
recommendations for disposition to the Manager, NCS. Recommendations 
will be based on paragraph 16 of this directive.
    (2) Forward notification of priority actions or denials of requests 
for priority actions to the requesting private industry entities, for 
disposition.
    (3) Cooperate with the Manager, NCS, during reconciliation, 
revalidation, and audits.
    e. Departments of State and Defense. The Departments of State and 
Defense will, in addition to the responsibilities listed in paragraph 
10h below:
    (1) Review and decide whether to sponsor requests for priority level 
assignments from foreign governments and forward sponsored requests to 
the Manager, NCS, with recommendations for disposition. Recommendations 
will be based on paragraph 16 of this directive and whether or not 
priority treatment is afforded to U.S. NSEP telecommunication service 
requirements in the foreign country concerned.
    (2) Forward notification of priority actions or denials of requests 
for priority actions to the requesting foreign government entities, for 
disposition.
    f. Department of Energy. The Department of Energy will, in addition 
to the responsibilities listed in paragraph 10h below:
    (1) Review and decide whether to sponsor public and private 
interstate power utility

[[Page 862]]

company requests for priority actions and forward sponsored requests 
with recommendations for disposition to the Manager, NCS. 
Recommendations will be based on paragraph 16 of this directive. This 
does not preclude public and private power utility companies from 
obtaining sponsorship elsewhere.
    (2) Forward notification of priority actions or denials of requests 
for priority actions to the requesting public and private power utility 
companies for disposition.
    g. Federal Emergency Management Agency. The Federal Emergency 
Management Agency will, in addition to the responsibilities listed in 
paragraph 10h below:
    (1) Review and decide whether to sponsor state and local government 
requests for priority actions and forward sponsored requests with 
recommendations for disposition to the Manager, NCS. Recommendations 
will be based on paragraph 16 of this directive.
    (2) Forward notification of priority actions or denials of requests 
for priority actions to the requesting state and local government 
entities, for disposition.
    h. Federal Organizations. Federal organizations will:
    (1) Ensure that NSEP TSP System users within each organization 
comply with their obligations under the NSEP TSP System.
    (2) Provision and restore government-provided services (which are 
interconnected with commercially provided services assigned a priority 
level pursuant to paragraph 13 of this directive) in accordance with 
NSEP TSP System rules and regulations. (See paragraph 7a(2) of this 
directive.)
    (3) Function (on a discretionary basis) as sponsoring Federal 
organizations for private sector service users (e.g., government 
contractors).
    (4) Cooperate with the Manager, NCS, during reconciliation, 
revalidation, and audits.
    i. Service Users. Service users, or entities acting on their behalf, 
will:
    (1) Identify services requiring priority level assignments and 
request and justify priority level assignments in accordance with this 
directive and any supplemental NCS issuances.
    (2) Justify and revalidate all priority level assignments at least 
every three years.
    (3) For services assigned priority levels, ensure (through 
contractual means or otherwise) availability of customer premises 
equipment and wiring necessary for end-to-end service operation by the 
service due date, and continued operation; and, for such services in the 
Emergency NSEP category, by the time that vendors are prepared to 
provide the services. Additionally, designate the organization 
responsible for the service on an end-to-end basis.
    (4) Be prepared to accept services assigned priority levels by the 
service due dates or, for services in the Emergency NSEP category, when 
they are available.
    (5) Pay vendors any authorized costs associated with services that 
are assigned priority levels.
    (6) Report to vendors any failed or unusable services that are 
assigned priority levels.
    (7) Designate a 24-hour point-of-contact for matters concerning each 
request for priority action and apprise the Manager, NCS.
    (8) Upon termination of services that are assigned priority levels, 
or circumstances warranting revisions in priority level assignment 
(e.g., expansion of service), request and justify revocation or 
revision.
    (9) When NSEP treatment is invoked under paragraph 13c of this 
directive, within 90 days following provisioning of the service 
involved, forward to the Manager, NCS complete information identifying 
the time and event associated with the invocation and regarding whether 
the NSEP service requirement was adequately handled and whether any 
additional charges were incurred.
    (10) Cooperate with the Manager, NCS, during reconciliation, 
revalidation, and audits.
    j. Service Vendors. Service vendors will comply with the provisions 
of 47 CFR part 64. When those provisions are superseded by the 
President's war emergency powers under section 706 of the Communications 
Act, vendors will continue to comply with 47 CFR part 64, subject to 
further direction by Director, OSTP.
    11. Preemption of Existing Services. When necessary to provision or 
restore NSEP services, service vendors may preempt services they provide 
as specified below. ``User,'' as used in this section, means any user of 
a telecommunications service, to include both NSEP and non-NSEP 
services. Prior consent by a preempted user is not required.
    a. The sequence in which existing services may be preempted to 
provision NSEP services assigned a provisioning priority level ``E'' or 
restore NSEP services assigned a restoration priority level from ``1'' 
through ``5'':
    (1) Non-NSEP services: If suitable spare services are not available, 
then, based on the considerations in 47 CFR part 64 and the service 
vendor's best judgement, non-NSEP services will be preempted. After 
ensuring a sufficient number of public switched services will remain 
available for public use, based on the service vendor's best judgement, 
such services may be used to satisfy a requirement for provisioning or 
restoring NSEP services.
    (2) NSEP Services: If no suitable spare or non-NSEP services are 
available, then existing NSEP services may be preempted to provision or 
restore NSEP services with higher priority level assignments. When this 
is necessary, NSEP services will be selected for preemption in the 
inverse order of priority level assignment.

[[Page 863]]

    (3) Service vendors who are preempting services will ensure their 
best effort to notify the service user of the preempted service and 
state the reason for and estimated duration of the preemption.
    b. Service vendors may, based on their best judgement, determine the 
sequence in which existing services may be preempted to provision NSEP 
services assigned a provisioning priority of ``1'' through ``5.'' 
Preemption is not subject to the consent of the user whose service will 
be preempted.
    12. Requests for Priority Actions. All service users are required to 
submit requests for priority actions through the Manager, NCS, in the 
format and following the procedures prescribed by the Manager.
    13. Assignment, Approval, Use, and Invocation of Priority Levels.
    a. Assignment and Approval of Priority Levels and Priority Actions.
    (1) Priority level assignments or other priority actions will be 
based upon section 16, NSEP TSP System Categories, Criteria, and 
Priority Levels, of this directive. A priority level assignment or other 
priority action made by the Manager, NCS, will serve as the 
recommendation of the Director, OSTP (on behalf of the EOP) to the FCC. 
If the Director, OSTP does not approve the priority level assignment or 
other priority action made by the Manager, NCS, then the Director can 
direct the Manager, NCS, to revise or revoke the priority level 
assignment or other priority action.
    (2) Until the President's war emergency powers under Section 706 of 
the Communications Act are invoked, priority level assignments or other 
priority actions must be approved by the FCC. (If the FCC does not 
approve the priority level assignment or other priority action, then it 
can direct the Manager, NCS, to revise or revoke the priority level 
assignment or other priority action.) However, the FCC has instructed 
service vendors to implement any priority level assignments or other 
priority actions that are pending FCC approval.
    (3) After invocation of the President's war emergency powers, the 
requirement for FCC approval of priority level assignments or other 
priority actions may be superseded by other procedures issued by the 
Director, OSTP.
    b. Use of Priority Level Assignments.
    (1) All provisioning and restoration priority level assignments for 
services in the Emergency NSEP category will be included in initial 
service orders to vendors. Provision priority level assignments for 
Essential NSEP services, however, will not usually be included in 
initial service orders to vendors. NSEP treatment for Essential NSEP 
services will be invoked and provisioning priority level assignments 
will be conveyed to service vendors only if the vendors cannot meet 
needed service dates through the normal provisioning process.
    (2) Any revision or revocation of either provisioning or restoration 
priority level assignments will also be transmitted to vendors.
    (3) Service vendors shall accept priority levels and/or revisions 
only after assignment by the Manager, NCS. (Note: Service vendors acting 
as prime contractors for NSEP services will accept assigned NSEP 
priority levels only when they are accompanied by the Manager, NCS 
designated service identification (i.e., TSP Authorization Code). 
However, service vendors are authorized to accept priority levels and/or 
revisions from users and contracting activities before assignment by the 
Manager, NCS when service vendors, users, and contracting activities are 
unable to communicate with either the FCC, Director, OSTP, or the 
Manager, NCS. Processing of Emergency NSEP service requests will not be 
delayed for verification purposes.
    c. Invocation of NSEP Treatment. To invoke NSEP treatment for the 
priority provisioning of an NSEP telecommunications service, an 
authorized Federal official either within, or acting on behalf of, the 
service user's organization must make a written or oral declaration to 
concerned service vendor(s) and the Manager, NCS, that NSEP treatment is 
being invoked. Authorized Federal officials include the head or director 
of a Federal agency, commander of a unified/specified military command, 
chief of a military service, or commander of a major military command; 
the delegates of any of the foregoing; or any other officials as 
specified in supplemental procedures issued by the Manager, NCS. The 
authority to invoke NSEP treatment may be delegated only to a general or 
flag officer of a military service, civilian employee of equivalent 
grade (e.g., Senior Executive Service member), Federal Coordinating 
Officer or Federal Emergency Communications Coordinator/Manager, or any 
other such officials specified in supplemental procedures issued by the 
EOP. Delegates must be designated as such in writing, and written or 
oral invocations must be accomplished, in accordance with supplemental 
procedures issued by the Manager, NCS.
    14. Resubmission of Circuits Presently Assigned Restoration 
Priorities. All circuits assigned restoration priorities must be 
reviewed for eligibility for initial restoration priority level 
assignment under the provisions of this directive. Circuits assigned 
restoration priorities, and for which restoration priority level 
assignments are requested under paragraph 12 of this directive, will be 
resubmitted to the Manager, NCS. To resubmit such circuits, service 
users will comply with applicable provisions of paragraphs 10i and 13 of 
this directive.
    15. Appeal. Service users or sponsoring Federal organizations may 
appeal any priority

[[Page 864]]

level assignment, denial, revision, revocation, approval, or disapproval 
to the Manager, NCS within 30 days of notification to the service user. 
The appellant must use the form or format required by the Manager, NCS 
and must serve the FCC with a copy of its appeal. The Manager, NCS will 
act on the appeal within 90 days of receipt. Service users and 
sponsoring Federal organizations may only then appeal directly to the 
FCC. Such FCC appeal must be filed within 30 days of notification of the 
Manager, NCS' decision on appeal. Additionally, the Manager, NCS may 
appeal any FCC revisions, approvals or disapprovals to the FCC. All 
appeals to the FCC must be submitted using the form or format required. 
The party filing its appeal with the FCC must include factual details 
supporting its claim and must serve a copy on the Manager, NCS and any 
other party directly involved. Such party may file a response within 20 
days, and replies may be filed within 10 days thereafter. The Commission 
will not issue public notices of such submissions. The Commission will 
provide notice of its decision to the parties of record. Any appeals to 
the Manager, NCS that include a claim of new information that has not 
been presented before for consideration may be submitted at any time.
    16. NSEP TSP System Categories, Criteria, and Priority Levels.
    a. General. NSEP TSP System categories and criteria, and permissible 
priority level assignments, are defined and explained below.
    (1) The Essential NSEP category has four subcategories (i.e., 
National Security Leadership; National Security Posture and U.S. 
Population Attack Warning; Public Health, Safety, and Maintenance of Law 
and Order; and Public Welfare and Maintenance of National Economic 
Posture). Each subcategory has its own criteria. Criteria are also shown 
for the Emergency NSEP category, which has no subcategories.
    (2) Priority levels of ``1,'' ``2,'' ``3,'' ``4,'' and ``5'' may be 
assigned for provisioning and/or restoration of Essential NSEP 
telecommunication services. However, for Emergency NSEP 
telecommunication services, a priority level ``E'' is assigned for 
provisioning. A restoration priority level from ``1'' through ``5'' may 
be assigned if an Emergency NSEP service also qualifies for such a 
restoration priority level under the Essential NSEP category.
    (3) The NSEP TSP System allows the assignment of priority levels to 
any NSEP telecommunications service across three time periods, or stress 
conditions: Peacetime/Crisis/Mobilization, Attack/War, and Post-Attack/
Recovery. Priority levels will normally be assigned only for the first 
time period. These assigned priority levels will apply through the onset 
of any attack, but it is expected that they would later be revised by 
surviving authorized telecommunication resource managers within the 
Executive Office of the President based upon specific facts and 
circumstances arising during the Attack/War and Post-Attack/Recovery 
time periods.
    (4) Service users may, for their own internal use, assign 
subpriorities to their services assigned priority levels. Receipt of and 
response to any such subpriorities is optional for service vendors.
    (5) The following paragraphs provide a detailed explanation of the 
categories, subcategories, criteria, and priority level assignments, 
beginning with the Emergency NSEP category.
    b. Emergency NSEP. Telecommunication services in the Emergency NSEP 
category are those new services so critical as to be required to be 
provisioned at the earliest possible time, without regard to the costs 
of obtaining them.
    (1) Criteria. To qualify under the Emergency NSEP category, the 
service must meet the criteria of directly supporting or resulting from 
at least one of the following NSEP functions:
    (a) Federal government activity responding to a Presidentially 
declared disaster or emergency as defined in the Disaster Relief Act (42 
U.S.C. 5122).
    (b) State or local government activity responding to a 
Presidentially, state, or locally declared disaster or emergency.
    (c) Response to a state of crisis declared by the National Command 
Authorities (e.g., exercise of presidential war emergency powers under 
Section 706 of the Communications Act, supra).
    (d) Efforts to protect endangered U.S. personnel or property.
    (e) Response to an enemy or terrorist action, civil disturbance, 
natural disaster, or any other unpredictable occurrence that has damaged 
facilities whose uninterrupted operation is critical to NSEP or the 
management of other ongoing crises.
    (f) Certification by the head or director of a Federal agency, 
commander of a unified/specified command, chief of a military service, 
or commander of a major military command, that the telecommunications 
service is so critical to protection of life and property or to NSEP 
that it must be provided immediately.
    (g) A request from an official authorized pursuant to the Foreign 
Intelligence Surveillance Act (50 U.S.C. 1801 et seq. and 18 U.S.C. 
2511, 2518, 2519).
    (2) Priority Level Assignment.
    (a) Services qualifying under the Emergency NSEP category are 
assigned priority level ``E'' for provisioning.
    (b) After 30 days, assignments of provisioning priority level ``E'' 
for Emergency NSEP services are automatically revoked unless extended 
for another 30-day period. A notice

[[Page 865]]

of any such revocation will be sent to service vendors.
    (c) For restoration, Emergency NSEP services may be assigned 
priority levels under the provisions applicable to Essential NSEP 
services (see paragraph 16.c.). Emergency NSEP services not otherwise 
qualifying for restoration priority level assignment as Essential NSEP 
may be assigned a restoration priority level ``5'' for a 30-day period. 
Such 30-day restoration priority level assignments will be revoked 
automatically unless extended for another 30-day period. A notice of any 
such revocation will be sent to service vendors.
    c. Essential NSEP. Telecommunication services in the Essential NSEP 
category are those required to be provisioned by due dates specified by 
service users, or restored promptly, normally without regard to 
associated overtime or expediting costs. They may be assigned priority 
levels of ``1,'' ``2,'' ``3,'' ``4,'' or ``5'' for both provisioning and 
restoration, depending upon the nature and urgency of the supported 
function, the impact of a lack of service or service interruption upon 
the supported function, and, for priority access to public switched 
services, the user's level of responsibility. Priority level assignments 
will be valid for no more than three years unless revalidated. To be 
categorized as Essential NSEP, a telecommunications service must qualify 
under one of the four subcategories described below: National Security 
Leadership; National Security Posture and U.S. Population Attack 
Warning; Public Health, Safety, and Maintenance of Law and Order; or 
Public Welfare and Maintenance of the National Economic Posture. (Note: 
Under emergency circumstances, Essential NSEP telecommunication services 
may be recategorized as Emergency NSEP and assigned a priority level 
``E'' for provisioning.)
    (1) National Security Leadership. This subcategory will be strictly 
limited to only those telecommunication services essential to national 
survival if nuclear attack threatens or occurs, and critical orderwire 
and control services necessary to ensure the rapid and efficient 
provisioning or restoration of other NSEP telecommunication services. 
Services in this subcategory are those for which a service interruption 
of even a few minutes would have serious adverse impact upon the 
supported NSEP function.
    (a) Criteria. To qualify under this subcategory, a service must be 
at least one of the following:
    (i) Critical orderwire, or control service, supporting other NSEP 
functions.
    (ii) Presidential communications service critical to continuity of 
government and national leadership during crisis situations.
    (iii) National Command Authority communications service for military 
command and control critical to National survival.
    (iv) Intelligence communications service critical to warning of 
potentially catastrophic attack.
    (v) Communications service supporting the conduct of diplomatic 
negotiations critical to arresting or limiting hostilities.
    (b) Priority Level Assignment. Services under this subcategory will 
normally be assigned, during Peacetime/Crisis/Mobilization, priority 
level ``1'' for provisioning and restoration.
    (2) National Security Posture and U.S. Population Attack Warning. 
This subcategory covers those minimum additional telecommunication 
services essential to maintaining an optimum defense, diplomatic, or 
continuity-of-government posture before, during, and after crisis 
situations. Such situations are those ranging from national emergencies 
to international crises, including nuclear attack. Services in this 
subcategory are those for which a service interruption ranging from a 
few minutes to one day would have serious adverse impact upon the 
supported NSEP function.
    (a) Criteria. To qualify under this subcategory, a service must 
support at least one of the following NSEP functions:
    (i) Threat assessment and attack warning.
    (ii) Conduct of diplomacy.
    (iii) Collection, processing, and dissemination of intelligence.
    (iv) Command and control of military forces.
    (v) Military mobilization.
    (vi) Continuity of Federal government before, during, and after 
crisis situations.
    (vii) Continuity of state and local government functions supporting 
the Federal government during and after national emergencies.
    (viii) Recovery of critical national functions after crisis 
situations.
    (ix) National space operations.
    (b) Priority Level Assignment. Services under this subcategory will 
normally be assigned, during Peacetime/Crisis/Mobilization, priority 
levels ``2,'' ``3,'' ``4,'' or ``5'' for provisioning and restoration.
    (3) Public Health, Safety, and Maintenance of Law and Order. This 
subcategory covers the minimum number of telecommunication services 
necessary for giving civil alert to the U.S. population and maintaining 
law and order and the health and safety of the U.S. population in times 
of any national, regional, or serious local emergency. These services 
are those for which a service interruption ranging from a few minutes to 
one day would have serious adverse impact upon the supported NSEP 
functions.
    (a) Criteria. To qualify under this subcategory, a service must 
support at least one of the following NSEP functions:
    (i) Population warning (other than attack warning).
    (ii) Law enforcement.

[[Page 866]]

    (iii) Continuity of critical state and local government functions 
(other than support of the Federal government during and after national 
emergencies).
    (iv) Hospitals and distribution of medical supplies.
    (v) Critical logistic functions and public utility services.
    (vi) Civil air traffic control.
    (vii) Military assistance to civil authorities.
    (viii) Defense and protection of critical industrial facilities.
    (ix) Critical weather services.
    (x) Transportation to accomplish the foregoing NSEP functions.
    (b) Priority Level Assignment. Services under this subcategory will 
normally be assigned, during Peacetime/Crisis/Mobilization, priority 
levels ``3,'' ``4,'' or ``5'' for provisioning and restoration.
    (4) Public Welfare and Maintenance of National Economic Posture. 
This subcategory covers the minimum number of telecommunication services 
necessary for maintaining the public welfare and national economic 
posture during any national or regional emergency. These services are 
those for which a service interruption ranging from a few minutes to one 
day would have serious adverse impact upon the supported NSEP function.
    (a) Criteria. To qualify under this subcategory, a service must 
support at least one of the following NSEP functions:
    (i) Distribution of food and other essential supplies.
    (ii) Maintenance of national monetary, credit, and financial 
systems.
    (iii) Maintenance of price, wage, rent, and salary stabilization, 
and consumer rationing programs.
    (iv) Control of production and distribution of strategic materials 
and energy supplies.
    (v) Prevention and control of environmental hazards or damage.
    (vii) Transportation to accomplish the foregoing NSEP functions.
    (b) Priority Level Assignment. Services under this subcategory will 
normally be assigned, during Peacetime/Crisis/Mobilization, priority 
levels ``4'' or ``5'' for provisioning and restoration.
    d. Limitations. Priority levels will be assigned only to the minimum 
number of telecommunication services required to support an NSEP 
function. Priority levels will not normally be assigned to back-up 
services on a continuing basis, absent additional justification (e.g., a 
service user specifies a requirement for physically diverse routing or 
contracts for additional continuity-of-service features). The Executive 
Office of the President may also establish limitations upon the relative 
numbers of services which may be assigned any restoration priority 
level. These limitations will not take precedence over laws or executive 
orders. Such limitations shall not be exceeded absent waiver by the 
Executive Office of the President.
    e. Non-NSEP Services. Telecommunication services in the non-NSEP 
category will be those which do not meet the criteria for either 
Emergency NSEP or Essential NSEP.
    17. Authorizing Provision. NCS manuals implementing this directive 
are authorized.
    18. Effective Date. This directive is effective immediately.
    19. Expiration. This directive is in effect until superseded or 
cancelled.

                                Appendix:

    A. Definitions

    Director, Office of Science and Technology Policy.
    Dated: July 5, 1990.
    Director, Office of Management and Budget.

    Dated: July 5, 1990.

    Assistant to the President for National Security Affairs.

    Dated: July 5, 1990.

                Summary of Changes: Initial publication.

                         Appendix A--Definitions

    For the purposes of this Directive:

                               Assignment

    The designation of priority level(s) for a defined NSEP 
telecommunications service for a specified time period.

                                  Audit

    A quality assurance review in response to identified problems.

                      Committee of Principals (COP)

    As specified by Executive Order 12472, a committee consisting of 
representatives from those Federal departments, agencies or entities, 
designated by the President, which lease or own telecommunications 
facilities or services of significance to national security or emergency 
preparedness, and, to the extent permitted by law, other Executive 
entities which bear policy, regulatory or enforcement responsibilities 
of importance to national security or emergency preparedness 
telecommunications capabilities.

                               Government

    The Federal government or any foreign, state, county, municipal, or 
other local government agency or organization. Specific qualifications 
will be supplied whenever reference to a particular level of government 
is intended (e.g., ``Federal government,'' ``state government''). 
``Foreign government'' means any non-U.S. sovereign empire, kingdom, 
state, or independent political community,

[[Page 867]]

including foreign diplomatic and consular establishments and coalitions 
or associations of governments (e.g., North Atlantic Treaty Organization 
(NATO), Organization of American States (OAS), and United Nations (UN); 
and associations of governments or government agencies or organizations 
(e.g., Pan American Union, International Postal Union, and International 
Monetary Fund).

                  National Communications System (NCS)

    The National Communications System (NCS) is a confederation of 
Federal departments, agencies and entities established by Presidential 
Memorandum of August 21, 1963 and reaffirmed by Executive Order No. 
12472, ``Assignment of National Security and Emergency Preparedness 
Telecommunications Functions,'' April 3, 1984.

                   National Coordinating Center (NCC)

    The joint telecommunications industry--Federal government operation 
established by the NCS to assist in the initiation, coordination, 
restoration and reconstitution of NSEP telecommunication services or 
facilities.

   National Security Emergency Preparedness (NSEP) Telecommunication 
                        Services or NSEP Services

    Telecommunication services that are used to maintain a state of 
readiness or to respond to and manage any event or crisis (local, 
national, or international) that causes or could cause injury or harm to 
the population, damage to or loss of property, or degrades or threatens 
the NSEP posture of the United States. These services fall into two 
specific categories. Emergency NSEP and Essential NSEP, and are assigned 
priority levels.

        National Security Emergency Preparedness (NSEP) Treatment

    The provisioning of a telecommunications service before others based 
on the provisioning priority level assigned by the Manager, NCS, in 
accordance with this directive.

                             Priority Action

    The assignment, revision, revocation, or revalidation by the 
Manager, NCS, in accordance with this directive, of a priority level 
associated with an NSEP telecommunications service.

                             Priority Level

    The level that may be assigned to an NSEP telecommunications service 
specifying the order in which provisioning or restoration of the service 
is to occur relative to other NSEP and/or non-NSEP telecommunication 
services. Authorized priority levels are designated (highest to lowest) 
``E,. ``1,'' ``2,'' ``3,'' ``4,'' and ``5'' for provisioning and ``1,'' 
``2,'' ``3,'' ``4,'' and ``5'' for restoration.

                        Priority Level Assignment

    The priority level(s) designated for the provisioning and/or 
restoration of a particular NSEP telecommunications service.

                 Private NSEP Telecommunication Services

    Those non-common carrier telecommunication services including 
private line, virtual private line, and private switched network 
services.

                              Provisioning

    The act of supplying telecommunications service to a user, including 
all associated transmission, wiring, and equipment. As used herein, 
``provisioning'' and ``initiation'' are synonymous and include altering 
the state of an existing priority service or capability.

             Public Switched NSEP Telecommunication Services

    Those NSEP telecommunication services utilizing public switched 
networks. Such services may include both interexchange and intraexchange 
network facilities (e.g., switching systems, interoffice trunks and 
subscriber loops).

                             Reconciliation

    The comparison of NSEP service information and the resolution of 
identified discrepancies.

                               Restoration

    The repair or returning to service of one or more telecommunication 
services that have experienced a service outage or are unusable for any 
reason, including a damaged or impaired telecommunications facility. 
Such repair or returning to service may be done by patching, rerouting, 
substitution of component parts or pathways, and other means, as 
determined necessary by a service vendor.

                              Revalidation

    The rejustification by a service user of a priority level 
assignment. This may result in extension by the Manager, NCS, in 
accordance with this directive, of the expiration date associated with 
the priority level assignment.

                                Revision

    A change in priority level assignment for an NSEP telecommunications 
service. This includes any extension of an existing priority level 
assignment to an expanded NSEP service.

[[Page 868]]

                               Revocation

    The elimination of a priority level assignment when it is no longer 
valid. All priority level assignments for an NSEP service are revoked 
upon service termination.

                         Service Identification

    Information uniquely identifying an NSEP telecommunications service 
to the service vendor and/or service user.

                              Service User

    Any individual or organization (including a service vendor) 
supported by a telecommunications service for which a priority level has 
been requested or assigned.

                             Service Vendor

    Any person, association, partnership, corporation, organization, or 
other entity (including common carriers and government organizations) 
that offers to supply any telecommunication equipment, facilities, or 
services (including customer premises equipment and wiring) or 
combination thereof. The term includes resale carriers, prime 
contractors, subcontractors, and interconnecting carriers.

                     ``Spare'' Circuits or Services

    Circuits or services not being used or contracted for by any 
customer.

                       Telecommunication Services

    The transmission, emission, or reception of signals, signs, writing, 
images, sounds, or intelligence of any nature, by wire, cable, 
satellite, fiber optics, laser, radio, visual, or other electronic, 
electric, electromagnetic, or acoustically coupled means, or any 
combination thereof. The term can include necessary telecommunication 
facilities.

          Telecommunications Service Priority (TSP) System User

    Any individual, organization, or activity that interacts with the 
TSP System.

                           [NCS Directive 3-3]

Telecommunications Operations--Shared Resources (SHARES) High Frequency 
                           (HF) Radio Program

September 30, 1988.

    1. Purpose. This directive establishes National Communications 
System (NCS) policies pertaining to operation and use of the Shared 
Resources (SHARES) High Frequency (HF) Radio Program.
    2. Applicability. This directive is binding upon NCS and other 
Executive entities who voluntarily elect to participate in the SHARES HF 
Radio Program.
    3. Authority. This directive is issued under the authority of 
Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984,  49 FR 13471  (1984); and NCS Directive 1-1, ``National Communications System 
(NCS) Issuance System,'' November 30, 1987.
    4. References.
    a. Executive Order (E.0.) No. 12472, ``Assignment of National 
Security and Emergency Preparedness Telecommunications Functions,'' 
April 3, 1984,  49 FR 13471  (1984).
    b. National Telecommunications & Information Administration (NTIA), 
``Manual of Regulations and Procedures for Federal Radio Frequency 
Management,'' May, 1986 Edition as revised May, 1987 or current edition/
revision.
    5. General.
    a. E.O. No. 12472 established national policy guidance in support of 
National Security Emergency Preparedness (NSEP) objectives. Executive 
Order No. 12472 mandates that action be taken to ``. . . ensure that a 
national telecommunications infrastructure is developed . . .''. 
Consistent with the Executive Order, functionally similar government 
telecommunications networks should be designed to interchange traffic in 
support of national leadership requirements.
    b. The SHARES HF Radio Program will provide a backup capability to 
exchange critical information among Federal entities to support NSEP. 
Federally controlled HF radio resources will be shared to establish a 
robust NSEP HF radio communications infrastructure. The program involves 
a collection of existing Federally controlled HF radio stations that 
inter-operate to transmit NSEP messages when normal means of 
communication are not available.
    6. Policy.
    a. Any participating Federal entity will accept, to the extent that 
acceptance does not interfere with the mission responsibilities of the 
entity, emergency messages of other Federal entities, or other 
components of the same entity, for transmission by HF radio to the 
addressee or to another participant for relay to the addressee.
    b. A SHARES message is an emergency message to be sent via the 
SHARES network. It consists of information that must be communicated to 
a Federal entity and is of critical importance to the Federal 
Government, the entity's mission, and/or involves the preservation of 
life and the protection of property.
    c. Transmission of SHARES messages will be guided by the policy of 
the agency accepting the message. Advice that a ``SHARES Message'' is to 
be transmitted will serve to notify operating personnel that a critical 
NSEP message requirement exists, and implicitly, that normal 
communication paths are not available.

[[Page 869]]

    7. Responsibilities.
    a. NCS entities participating in the SHARES HF Radio Program will, 
to the maximum extent possible:
    (1) Identify HF stations under their control for participation in 
the SHARES Program.
    (2) Maintain the operational readiness of their SHARES HF stations.
    (3) Provide updated information as necessary for inclusion in a 
SHARES HF Radio Program Directory. Use of Federal frequencies for SHARES 
traffic shall be in accordance with National Telecommunications and 
Information Administration (NTIA) ``Manual of Regulations and Procedures 
for Federal Radio Frequency Management.''
    (4) Ensure participation of available stations in scheduled 
exercises.
    (5) Provide representation, as required, at meetings, briefings, 
conferences, and other official SHARES HF Radio Program activities.
    b. The Manager, NCS, will administer the SHARES HF Radio Program and 
perform the management functions defined below:
    (1) Publish and periodically update, as NCS issuances, a User 
Manual, giving detailed procedures for using SHARES HF Radio Program 
capabilities, and HF Directory of participating Federally controlled HF 
radio stations.
    (2) Develop, schedule, and administer periodic exercises of the 
SHARES HF Radio Program capabilities.
    (3) Perform other functions, as necessary, to improve SHARES 
capabilities.
    8. Authorizing Provision. NCS manuals implementing this directive 
are authorized.
    9. Effective Date. This directive is effective immediately.
    10. Expiration. This directive is in effect until superseded or 
cancelled.
[ 55 FR 51063 , Dec. 11, 1990]

[[Page 871]]


Goto Section: 216.1 | 216.2

Goto Year: 1996 | 1998
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