§  202.3   Plans preparation and execution.

   Federal authority, substantive provisions, and functional
   responsibilities of the executive office are summarized in the
   following:

   (a) Wartime emergency functions. (1) The Assistant to the President for
   National Security Affairs (the National Security Advisor) shall provide
   general policy direction for the exercise of the war power functions of
   the President under section 706 of the Communications Act (47 U.S.C.
   606), as amended, should the President issue implementing instructions
   in accordance with the National Emergencies Act (50 U.S.C. 1601).

   (2) The Director of the Office of Science and Technology Policy shall
   direct the exercise of the war power functions of the President under
   section 706(a), (c)-(e) of the Communications Act (47 U.S.C. 606), as
   amended, should the President issue implementing instructions in
   accordance with the National Emergencies Act (50 U.S.C. 1601).

   (b) Non-wartime emergency functions. (1) The National Security Advisor
   shall:

   (i) Advise and assist the President in coordinating the development of
   policy, plans, programs and standards within the Federal Government for
   the identification, allocation and use of the Nation's
   telecommunications resources by the Federal Government, and by State
   and local governments, private industry and volunteer organizations,
   upon request, to the extent practicable and otherwise consistent with
   the law, during those crises or emergencies in which the exercise of
   the President's war power functions is not required or permitted by
   law.

   (ii) Provide policy oversight and direction of the activities of the
   NCS.

   (2) The Director of the Office of Science and Technology Policy shall:

   (i) Provide information, advice, guidance and assistance, as
   appropriate, to the President and to those Federal departments and
   agencies with responsibilities for the provision, management or
   allocation of telecommunications resources during those crises or
   emergencies in which the exercise of the President's war power
   functions is not required or permitted by law.

   (ii) Establish a Joint Telecommunications Resources Board (JTRB) to
   assist the Director in providing information, advice, guidance and
   assistance, as appropriate, to the President and to those Federal
   Departments and agencies with responsibilities for the provision,
   management, or allocation of telecommunications resources, during those
   crises or emergencies in which the exercise of the President's war
   power functions is not required or permitted by law.

   (c) Planning and oversight responsibilities. (1) The National Security
   Advisor shall advise and assist the President in:

   (i) Coordination and development of policy, plans, programs and
   standards for the mobilization and use of the Nation's commercial,
   government, and privately owned telecommunications resources to meet
   national security and emergency preparedness telecommunications
   requirements.

   (ii) Providing policy oversight and direction of the activities of the
   NCS; and

   (iii) Providing policy oversight and guidance for the execution of the
   responsibilities assigned to the Federal departments and agencies by
   Executive Order 12472.

   (2) The Director of the Office of Science and Technology Policy (or a
   designee) shall:

   (i) Advise and assist the President in the administration of a system
   of radio spectrum priorities for those spectrum dependent
   telecommunications resources of the Federal government which support
   national security and emergency preparedness telecommunications
   functions.

   (ii) Certify or approve priorities for radio spectrum use by the
   Federal government, including the resolution of any conflicts in or
   among priorities under all conditions or crisis or emergency.

   (3) The National Security Advisor, the Director of the Office of
   Science and Technology Policy and the Director of the Office of
   Management and Budget shall, in consultation with the Executive Agent
   for the NCS and the NCS Committee of Principals, determine what
   constitutes national security and emergency preparedness
   telecommunications requirements.

   (4) The Director of the Office of Management and Budget, in
   consultation with the National Security Advisor and the NCS, will
   prescribe general guidelines and procedures for reviewing the financing
   of the NCS within the budgetary process and for preparation of budget
   estimates by participating agencies.

   (d) Performance of essential government and public services during a
   national emergency, as defined in section 706 of the Communications Act
   (47 U.S.C. 606), as amended, will require a means for communications
   between government and the private sector, communications essential to
   operations of elements of the national economy, and communications for
   national defense and civil defense purposes. The needs of the private
   sector and those of government should be properly coordinated to ensure
   that responses to each of these communities of interest, government and
   private sector, are appropriately balanced. For this reason, with
   regard to wartime emergency functions, the Director, Office of Science
   and Technology Policy (OSTP), has delegated the responsibility for the
   private sector to the Chairman, Federal Communications Commission
   (FCC), and responsibility for the needs of government to the Executive
   Agent, National Communications System (NCS). A parity of level of
   authority of these officials is established. They will coordinate and
   negotiate telecommunications conflicts with respect to the allocation
   and use of the Nation's telecommunications resources, reporting to the
   Director on unresolved issues which are within the domain of their
   respective responsibilities and authorities.

   (e) In order to support the NS/EP telecommunications needs of the
   Federal government, State and local governments, private industry and
   volunteer organizations, under all circumstances, including those of
   crisis or emergency, the following functions shall be performed:

   (1) The Secretary of Commerce, for all conditions of crisis or
   emergency, shall:

   (i) Develop plans and procedures concerning radio spectrum assignments,
   priorities and allocations for use by Federal departments, agencies and
   entities; and

   (ii) Develop, maintain and publish policy, plans and procedures for the
   control and assignment of radio frequencies, including the authority to
   amend, modify or revoke such assignments, in those parts of the
   electromagnetic spectrum allocated to the Federal Government.

   (2) The Director of the Federal Emergency Management Agency shall:

   (i) Plan for and provide, operate and maintain telecommunications
   services and facilities, as part of its National Emergency Management
   System, adequate to support its assigned emergency management
   responsibilities.

   (ii) Advise and assist State and local governments and volunteer
   organizations, upon request and to the extent consistent with law, in
   developing plans and procedures for identifying and satisfying their
   NS/EP telecommunications requirements.

   (iii) Ensure, to the maximum extent practicable, that national security
   and emergency preparedness telecommunications planning by State and
   local governments and volunteer organizations is mutually supportive of
   and consistent with the planning of the Federal Government.

   (iv) Develop, upon request and to the extent consistent with law and in
   consonance with regulations promulgated by and agreements with the
   Federal Communications Commission, plans and capabilities for, and
   provide policy and management oversight of, the Emergency Broadcast
   System, and advise and assist private radio licensees of the Commission
   in developing emergency communications plans, procedures and
   capabilities.

   (v) Act as sponsor for State and local governments' requests for
   telecommunications service priority (TSP) in accordance with the
   Federal Communications Commissions regulations and with procedures in
   approved NCS issuances.

   (3) The Secretary of State, in accordance with assigned
   responsibilities within the Diplomatic Telecommunications Service,
   shall plan for and provide, operate and maintain rapid, reliable and
   secure telecommunications services to those Federal entities
   represented at United States diplomatic missions and consular offices
   overseas. This responsibility shall include the provision and operation
   of domestic telecommunications in support of assigned national security
   and emergency preparedness responsibilities.

   (4) The Secretary of Defense shall:

   (i) Plan for and provide, operate and maintain telecommunications
   services and facilities adequate to support the National Command
   Authorities and to execute responsibilities assigned by Executive Order
   12333, December 4, 1981 ( 46 FR 59941 ; 3 CFR, 1981 Comp., p. 200).

   (ii) Ensure that the Director of the National Security Agency provides
   the technical support necessary to develop and maintain plans adequate
   to provide for the security and protection of national security and
   emergency preparedness telecommunications.

   (iii) Provide protection for interstate or foreign communication as
   directed by the President when the public interest requires under
   section 706(b) of the Communications Act (47 U.S.C. 606(b)).

   (iv) In consultation with the Secretary of Transportation, develop
   policy, plans and procedures adequate to enable a transfer of control
   over radio stations in the Aviation Service and aboard vessels in the
   Maritime Service to the Department of Defense during a national
   emergency pursuant to § 202.1(b)(3) of these regulations.

   (5) The Attorney General shall, as necessary, review for legal
   sufficiency, including consistency with the antitrust laws, all
   policies, plans or procedures developed pursuant to these regulations.

   (6) The Director, Central Intelligence Agency, shall plan for and
   provide, operate and maintain telecommunications services adequate to
   support the Agency's assigned responsibilities, including the
   dissemination of intelligence within the Federal government.

   (7) Except as otherwise assigned pursuant to these regulations, the
   Administrator of General Services shall ensure that Federally owned or
   managed domestic communications facilities and services meet the NS/EP
   requirements of Federal civilian departments, agencies and entities.
   The Administrator shall perform these responsibilities consistent with
   policy guidance of the Director of the Office of Management and Budget.

   (8) The Secretary of the Interior shall develop and execute emergency
   plans with respect to the administration of telecommunications
   activities in the territorial and trusteeship areas under the
   jurisdiction of the United States and within the responsibility
   previously assigned to him by appropriate laws and other authority.

   (9) The Federal Communications Commission, consistent with its
   statutory authority, shall:

   (i) Review the policies, plans and procedures of all entities licensed
   or regulated by the Commission that are developed to provide national
   security and emergency preparedness telecommunications services to
   ensure that such policies, plans and procedures are consistent with the
   public interest, convenience and necessity.

   (ii) Perform such functions as required by law with respect to all
   entities licensed or regulated by the Commission, including (but not
   limited to) the extension, discontinuance or reduction of common
   carrier facilities or services; the control of common carrier rates,
   charges, practices and classifications; the construction,
   authorization, activation, deactivation or closing of radio stations,
   services and facilities; the assignment of radio frequencies to
   Commission licensees; the investigation of violations of pertinent law
   and regulation; and the initiation of appropriate enforcement actions.

   (iii) Develop policy, plans and procedures adequate to execute the
   responsibilities assigned pursuant to these regulations under all
   conditions of crisis or emergency.

   (iv) Consult as appropriate with authorized officials of the NCS to
   ensure continued coordination of their respective NCS activities.

   (10) The National Communications System (comprised of the Executive
   Agent for the NCS, the NCS Committee of Principals, and the Manager,
   NCS) shall assist the President, the Director of the Office of Science
   and Technology Policy, National Security Advisor and the Director of
   the Office of Management and Budget in the exercise of national
   security and emergency preparedness telecommunications functions and
   responsibilities and in the coordination of the planning for and
   provision of national security and emergency preparedness
   communications for the Federal government under all circumstances,
   including crisis or emergency, attack, recovery and reconstitution.

   (11) The Executive Agent for the NCS shall:

   (i) Ensure that the NCS conducts unified planning and operations, in
   order to coordinate the development and maintenance of an effective and
   responsive capability for meeting the domestic and international
   national security and emergency preparedness needs of the Federal
   government.

   (ii) Ensure that the activities of the NCS are conducted in conjunction
   with the emergency management activities of the Federal Emergency
   Management Agency.

   (12) The Manager, NCS shall:

   (i) Develop for consideration by the NCS Committee of Principals and
   the Executive Agent:

   (A) A recommended evolutionary telecommunications architecture designed
   to meet current and future Federal government national security and
   emergency preparedness telecommunications requirements.

   (B) Plans and procedures for the management, allocation and use,
   including the establishment of priorities or preferences, of Federally
   owned or leased telecommunications assets under all conditions of
   crisis or emergency.

   (C) Plans, procedures and standards for minimizing or removing
   technical impediments to the interoperability of government-owned
   and/or commercially provided telecommunications systems.

   (D) Test and exercise programs and procedures for the evaluation of the
   capability of the Nation's telecommunications resources to meet
   national security and emergency preparedness telecommunications
   requirements.

   (E) Alternative mechanisms for funding, through the budget review
   process, NS/EP telecommunications initiatives which benefit multiple
   Federal departments, agencies or entities. Those mechanisms recommended
   by the NCS Committee of Principals and the Executive Agent shall be
   submitted to the Executive Office of the President.

   (ii) Implement and administer any approved plans or programs as
   assigned, including any system of priorities and preferences for the
   provision of telecommunications service, in consultation with the NCS
   Committee of Principals and the Federal Communications Commission, to
   the extent practicable or otherwise required by law or regulation.

   (iii) Implement, with the assistance of appropriate Federal agencies, a
   decentralized National Telecommunications Management Structure (NTMS)
   capable of functioning independently in support of appropriate
   authority within the terms and guidelines delineated in the White House
   approved Implementation Concept.

   (iv) Conduct technical studies or analyses, and examine research and
   development programs, for the purpose of identifying, for consideration
   by the NCS Committee of Principals and the Executive Agent, improved
   approaches which may assist Federal entities in fulfilling national
   security and emergency preparedness telecommunications objectives.

   (v) Develop an NCS Issuance System of official documents to implement,
   establish, guide, describe or explain organizational responsibilities,
   authorities, policies and procedures.

   (13) The NCS Committee of Principals shall:

   (i) Serve as the forum in which each member of the Committee may
   review, evaluate and present views, information and recommendations
   concerning ongoing or prospective national security and emergency
   preparedness telecommunications programs of the NCS and the entities
   represented on the Committee.

   (ii) Serve as the forum in which each member of the Committee shall
   report on and explain ongoing or prospective telecommunications plans
   and programs developed or designed to achieve national security and
   emergency preparedness telecommunications objectives.

   (iii) Provide comments or recommendations, as appropriate, to the
   National Security Council, the Director of the Office of Science and
   Technology Policy, the Director of the Office of Management and Budget,
   the Executive Agent, or the Manager of the NCS, regarding ongoing or
   prospective activities of the NCS.

   (14) All Federal departments and agencies shall:

   (i) Prepare policies, plans and procedures concerning
   telecommunications facilities, services, or equipment under their
   management or operational control to maximize their capability to
   respond to the national security and emergency preparedness needs of
   the Federal Government. Such plans will be prepared, and the operations
   will be executed, in conjunction with the emergency management
   activities of the Federal Emergency Management Agency, and in regular
   consultation with the Executive Agent for the NCS and the NCS Committee
   of Principals.

   (ii) Cooperate with and assist the Executive Agent for the NCS, the NCS
   Committee of Principals, the Manager of the NCS, and other departments
   and agencies in the execution of the functions set forth in this
   regulation, furnishing them such information, support and assistance as
   may be required.

   

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