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' WITHDRAWAL SHEET Ronald Reagan Library

Collection Name Levine, Richard: Files

File Folder [PEAD 22 AND PEAD 5 - PRESIDENTIAL EMERGENCY ACTION DOCUMENT] (BINDER) (1)

Box Number 3

ID Doc Type Document Description

6471 COVER SHEET FOR PEAD 22 (TAB 22) (PP. 22A-22B)

6473 NOTE FOR COVER SHEET FOR PEAD 22 (TAB 22)

6475 EXECUTIVE DRAFT EO (TAB 22) (PP. 22-1THRU22-3) ORDER

6476 COMMENTS FOR THE NSC RE PEAD 22 (TAB 22)

6928 NOTE RE STATUTE (PARTIAL)

6478 COMMENTS FOR THE NSC RE PEAD 5 (TAB 5 -COVER PAGE TABLE OF CONTENTS; TAB A- PP. l; TABB - PP. 2-4; TAB C - PP. 5-14; TAB D - PP. 15-45; TAB E -PP. 46-48)

Freedom of Information Act - [5 U.S.C. 552(b)]

B-1 National security classified Information [(b)(1) of the FOIA) B-2 Release would disclose Internal personnel rules and practices of an agency [(b)(2) of the FOIA) B-3 Release would violate a Federal statute [(b)(3) of the FOIAJ B-4 Release would disclose trade secrets or confidential or financial Information [(b)(4) of the FOIA] B-6 Release would constitute a clearly unwarranted Invasion of personal privacy [(b)(S) of the FOIA] B-7 Release would disclose Information compiled for law enforcement purposes [(b)(7) of the FOIA]

No of Pages

2

2

3

3

1

52

B-8 Release would disclose Information concerning the regulation of financial Institutions [(b)(S) of the FOIA] B-9 Release would disclose geological or geophysical Information concerning wells [(b)(9) of the FOIA]

C. Closed In accordance with restrictions contained In donor's deed of gift.

Withdrawer

CAS 312912005

FOIA

F05-071

ETLER I

Doc Date Restrictions

ND Bl B2

ND Bl B2

ND Bl B2

ND Bl B2

ND B3

5/1/1986 Bl B2

WITHDRAWAL SHEET Ronald Reagan Library

Collection Name

LEVINE, RICHARD: FILES

Withdrawer

CAS 3/29/2005

File Folder

[PEAD 22 AND PEAD 5 - PRESIDENTIAL EMERGENCY ACTION DOCUMENT] (BINDER) (1)

Box Number

3

FOIA

F05-071

ETLER

ID Document Type

Document Description

No of Doc Date Restric-pages

6471 COVER SHEET 2

FOR PEAD 22 (TAB 22) (PP. 22A-22B)


B-1 National security classified information [(b)(1) of the FOIA] B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA] B-3 Release would violate a Federal statute [(b)(3) of the FOIA] B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]

ND

B-8 Release would disclose information concerning the regulation of financial institutions [(b)(S) of the FOIA] B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]

C. Closed in accordance with restrictions contained in donor's deed of gift.

tions

Bl B2


Collection Name


Withdrawer

CAS 3/29/2005

File Folder


Box Number

3

FOIA

F05-071

ETLER

ID Document Type



6473 NOTE 2

FOR COVER SHEET FOR PEAD 22 (TAB 22)



ND

B-8 Release would disclose information concerning the regulation of financial institutions [(b)(B) of the FOIA] B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]


tions

Bl B2


Collection Name


Withdrawer

CAS 312912005

File Folder


Box Number

3

FOIA

F05-071

ETLER

ID Document Type



6475 EXECUTIVE ORDER 3

DRAFT EO (TAB 22) (PP. 22-1THRU22-3)


8-1 National security classified information [(b)(1) of the FOIA] 8-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA] 8-3 Release would violate a Federal statute [(b)(3) of the FOIA] 8-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] 8-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] 8-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]

ND

8-8 Release would disclose information concerning the regulation of financial institutions [(b)(B) of the FOIA] 8-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]


tions

Bl B2


Collection Name


Withdrawer

CAS 312912005

File Folder


Box Number

3

FOIA

FOS-071

ETLER

ID Document Type Document Description


6476 COMMENTS 3

FOR THE NSC RE PEAD 22 (TAB 22)



ND

B-8 Release would disclose information concerning the regulation of financial institutions [(b)(S) of the FOIA] B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]


tions

Bl B2

§ 301. Genernl nuthorizntion to delegnte functions; publlcntion of delegations

The !'resident of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or 1111y onicial thereof who is required to he 11ppointed by and with the advice and ccmsent of the Senate, to perform without npproval, ratification, or other action by the !'resident (I) any function which is vested in the President by law, or (2) any function which such officer is required or a11thori7.ed by law to perform only with or subject to the approval, rntification , or other action of the Presiclent: Prm·ided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions . Such designation :iml authorization shall be in writing, shall be published in the federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

(Added Oct. JI, 1951, c. 655, § 10, 65 Stat. 712.)

§ 302. Scope of delegation of functions The authority conferred by this chapter shall apply to any function vested

in the President by law if such law does not affirmatively prohibit delegation of the performance of such function as herein provided for, or specifically designate the officer or officers to whom it may be delegated. This chapter shall not be deemed lo limit or derogate from any existing or inherent right of the President lo delegate the performance of functions vested in him by law, and nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President.

(Added Oct. 31, 1951, c. 655, § IO, 65 Stat. 713.)

§ 303. Definitions /\s used in this chapter, the term "function" embraces any duty, power,

responsibility, authority, or discretion vested in the President or other oflicer concerned, and the terms "perform" and "performance" may be construed to mean "exercise".

(Added Oct . 3 I, I 95 I, c. 655, § IO, 65 Stnt. 713.)

47 u.s.c. 47 u.s.c.

606 has been renumbered as 706 by 98 Stat. 2804

§ GOG. Wn.r pomm~ of President (n) During- the contirmnncr. of a wnr in which the United Stntes

i11 r.nl?:t!?l'!l, tire l're11idf'11t is anthori:r.ed, if he finds it nece!ISnry for the rrntionnl defrrrne :111!1 i;ecurity, to direct thnt such connnunicn-tions ns in hi11 jmlgment mny be essentinl to the national defense nncl 11ecurity 11hnll hnve preference or priority with any carrier 1rnbjecl to tlri11 chnptl'r. lie mny give the11e directions nt and for such times as he mny del!'rmine, nnd may modify, chnnge, suspend, or annul them nncl for nny such purpo11e he is authori:r.ed to is11ue orders di-rectly, or through eurh person or persons as he designates for the 1111rpose, or through the Commi11sion . Any carrier complying with :111y such order or direction for preference or prioril.y herein au-lhori:r.cd 11hall be exempt from any and nil provisions in eid11li11g lnw imposing civil or criminal pennlties, obligntiomi, or liabililirs upon cnrriern by renson of giving preference or priority in compli-ance with such order or direction.

(b) It 11hall be unla\vful for :my per11on during nny war in which tho Uniterl Slntes is engaged to knowirrgly or willfully, by phy11icnl force or intimidation hr lhreat11 of physical force, obstruct or re-tard or nid in obstructing or retnrding interstate or foreign com-munication by radio or wire. The President is nuthorizcd, whenever in hi11 judgment the public interest requires, to employ the nrmed forces of the United Stales to prevent nny such obstruction or re-

larJnlion of communication: Provided, That nothing in this section 1hall be construed to repeal , modify, or affect either section 17 ol Title 15 or section 52 of Title 29.

(c) Upon proclamation by the President that there exists war or · a threat of war, or a stale of public peril or disaster or other national

emergency, or in order to preserve the neutrality of the Uni led Slates, the President, if he deems it necessnry in the interest of nationnl 1ecurily or defense, may suspend 01· amend, for such time ns he mny see fit, the rules and regulations applicable lo any or all stations or devices capable of emitting electromagnetic radiations within the Jurisdiction of the United States as prescribed by U1e Commission, anrl may cnnse the closing of any 11tation for radio communication,' or any device capable of emitting electromagnetic radiations between 10 kilocycle.11 nnd 100,000 megacycles, which is 11uitnble for use as a navigntional aid beyond five mile!'!, and the removal therefrom of il1 npparnlus and equipment, or he may authorize the use or control of nny such station or device and/or its apparatus and equipment, by arr}' dr. parlnrenl of the Government under such regulations as he may prescribe upon just compensation to the owners. The authority rrnnled lo I.he President, under this 11ubsection, to cause the closing o( any elation or device and the removal therefrom of its apparatus a111l ccpripme11t, or to nuthorize the use or control of any station or de\'i ce ancl / or its apparatus and equipment, may be exercised in the Canal Zone.

(ct) Upon proclamation by the President that there exists a state or threat of war involving the United St.1les, the President, if he deems it necessnry in the interest of the national security and de-fense, mny, during a period ending not later than six months after the termination of such state or threat of war and not Inter than such earlier date as the Congress by concurrent resolution may des-ignnte, (1) suspend or amend I.he rules and regulations applicable lo any or all facilities or stations for wire communication within the jurisdiction of the United States a. prescribed by the Commission, (2) cause the closinir of any facility or stntion for wire communica-tion and the removal therefrom of its apparatus nnd equipment, or (3 ) nuthorize the use or control of any such facility or station nn ;I its appnrntus nnd equipment by any department of the Govenm1"11t under such reguhl.ion~• ·ntl~~~~on jul'!t compensation to I.he owners.

(e) The President 11hall ascertain the just compcnsntion for such cse or control and certify the amount ascerlained to Congress for 1pproprinlion and payment to the person entit.led therelo. If the amount so certified is unsatisfactory to the person entitled thereto, rnch 11erso11 shnll be pnid only 75 per centum of the amount and ehall be entitled to sue the United States to recover such further

sum M aclclcrh amount as will be just comperrnation for the use nm! control. Sur~ suit sh:tll he brought in the man11c>r provided by paragraph 20 ~r i;ed.io11 ,I I of Title 28, or by section 250 of Title 28.

(f) Nothing in irnbseclion (c) or (d) of tliis section shnll he con -strued to amend, repenl, impair, or affect exisli11g laws or power~ o( the States in relation to taxation or the lawful police reg1.1l:ttin11~ ~r the eeHral States, except wherein such laws, powers, or re1rnlali0111 may affect the transmission of Government communications, or th• i.'1.'ltle of stocks and bonds by :rny communication system or syslcrm.

(!!') Nothing in subsection (c) or (d) of this section i;hnll be cnn-11!.rued to authorize the l'rl'sident to make any amenclment lo th" rules and regulntions of the Commission which the Commissinn would not be au lhorized by lnw to make; :ind nothing in subsecli~n ( d) of tliis section shall be construed to authorize the President to take any action the force a11d effect of which shall conlinue heron~ :the date after which taking of such action would not have been nu-t.horized.

(h) Any person who willfully does or causes or sufTcrs to be rlnn~ :.i.ny net prohibited pursuant to the exercise of the President's ;rntlw· ity under this section, or who willfully fails to do any act which h~ is required to clo pursunnt to the exercise of the President's authorit~ under this section, or who willfully causes or sufTers such fnilurr, shall, upon conviction thereof, be punished for such ofTense by n lint of not more than $1,000 or by imprisonment for not more than (Int year, or both, and, if n firm , pnrtnership, as sociation, or corpornlion, l.Jy fine of not more than $5,000, except that any person who commil~ euch an offense with intent to injure the United States, or with in · tent to secure an advnntnP,"e to any foreign 11ation, shall, upon con · viction thereof, be punished by a line of not more than $20,000 or hy imprisonment for not more than 20 years, or both. June 19, l!l~I . c. 652, Title VI,§ GOG, 48 St.at. 1104; Jan. 26, l!M2, c. 18, §§ 1, 2, ;,r, Stat. 18; Dec. 29, HM2, c. 8:36, G6 Slat. 1096; .July 2!;, 1947, c. 327, §I, 61 Stat. 449; Oct. 24, 1951, c. G53, §§ 1, 2, 65 Stat. 611.

50 u.s.c. 1601-1551 (THE MATIONAL ~ERGENCIES P1CT)

Executive Order 12472

EXF.CtlTIYF. omnm NO. 12H2 -Apr. 3, 1984, 49 _F.R. 13471 ASSIGNMENT or NATIONAL SECURITY ANn EMERGENCY rnE:rAREDNE.53

TEI,ECOMMUNICAT!ONS FU.NCTIONS. .

ny ihe •nthority vested In .me •• rr~ident by the {.'!'nstltution and lows or the Unilro States of Americ•. including the Comnmniciilioris Act of 19H, ••amended (47 U.S.C. 151) l=tion I'! et"

,..,q. or 1itle 47, Trlegr•ph.•. Td'"f'hon.,. and Ra- , din-tekgroph•). the N•tionol Se En•ute lh•t the NCS c~duc~ uniOed rlnn· nlng and opcratinn•, in order In ~oorclin•te the dcvclormcnl and m•inlcn•ntc of oh tfTcctive ilnd rc:

1273 !

APPENDIX

Technolngy Policy, or the Director nf the Office o( Management and Budget~ •• appropriate:

a. The usignment of implementation or other rt'J'On•ibilities to NCS memlx-r en1i1i .. ;

h. New initiativ .. to L"i•t in the .. ercise or thr functions •pecifi.,.j in Se nalin1 ~ dev~lopm~t .or pol~, plans, ~

. ;. I . , ' , .

. i . 1.

50 App. 11251

WAR AND NATIONAL DEFENSE 274

and standards within the Fedentl government ror (4) Thr. Notlnnal Security P,..ncil, the Director the ldentificatinn, allociition, and uoc of the Na- o( the omoe o( .,5clence and Technology Policy tlon'1 telecommunications """''r= by the Feder- and the DirectCIC or th~ Ofllce of Manageinent ind al government, and by State and local govern· Budget shatl, in corisultation with t~ Ellecuti~ , ments, private industry and volunteer orgftnila· As(-nt ror the NCI ancl 'the NC:S 'Oiminhtee Or tiolts upon request, 10 the ezte11t practicable 1nI him . ln . the uacne ciC ihe .tm~:tload~,e.f in . of this title); lftd ~ ,OWniian ·al die 'F~ this iubseciioft. :' "j~ blm:!oe Or the Ofr~· or . Comm""ICatlonii iClominlisioii·: or lhll:·authoririd

· :. Sc1enoe and t~hnology Policy iii.ill aerve . ai clesli;nee;! anc1:\:f :,. ;i.,,.,. ,,, , i'F· ~ · }. :!i•,. ; .,. ~._; . , .. ;!ii· l" .chalrmaii ~die 1nuJi 1eltci '. thcne Pedefal ._ , · itectot or the Omce ilt !lcience and national J !ltCUrlty irid . ~: prepamlntss . Technologj Polley 'sh .. I 'make recom~tioM t~lecomriuinlca_~ mithiriYd tvh~h ~dit ~ul-to the President with mrect to the test, ezen:be trplt Froenl dqiertments, i~ CIC ·mtittes. •nd evaluation al the capabilitj al .existing ind See. 3. A!l.•lgnment of-Responsibilities to Oth-planned communir.ations sy~temS, ndworb or fa- tt t:Jerertmenll and Agecicles . . · In ordtt lo eup-cilities 111 meet Htlonal security or emerimc7 f'Orl and ·enhMce the. :capebillty to aatisfy lhe prepa~ness rcqnitemenll and report the resulll notim•I security ·And erneraecic; ' prqi,;redn~ or any such tesll or evaluations and any recom- tefrc.,mmunlaitloM needs of the Federal ;.ivem-mended remedial acdons to thil l'ftsident and to ment, State :nd local iovemmenrs, private lndtis! the National Secarity Council: .-. ~ .--.; _'. " i ' '_. '- try and YOlunltt" organilations, Dn

275 APPENDIX 50 App. 12251

thority to amend, modify or revoke •urh u•ign- (tU Oenttal SeMlices Administration. E•cept ment•. in th°"" rart• of th~ electrrmognetic spec- as othenvi:ie assigned by this Order, the Adminis• trum ••·•i~ntd to the Federal government. trator o( General SeMI~ consistent with policy

olldes; plan! itld proCedun:s or . and io th~ e•tent conslste:it with low, In denltip. all eniitiei licensed or regulated by the omnnis:· iai pla"* and procedure< for ldentif)·lng and utl,.. · lioft that are dcvdoped to provide ilailo'nal accun- . .. fying their nation•! ltCUrity or rr.-•• ~·ncy propat-· t~ · O,: enlergericy· preperedness communlcatlont edness telecommu'!lcatiom requirement-: 9erv1ca, l!t order · to ensuie that aucll policies, : . ,

13l i!nsu~ to the maximum extent rractir~ble, · plans and p'riicedurt9 in: consistent .i1h the pub:• : ·' .;. that national !leCllrity and cmergen·cy l'f'1"'«tln~ lie lnteret; cOilvmienCe •nd iie:;esSftj; · ''< : ·. ·, telecommunicat~ .Planning by State '"d loral ·:·:(2) Perron;.· liUch runctjo;;, .; ttqulttd. bf la~~; -governments and ~luntttr ttpr;•~tlnns I• mtJta-· wlth res,leci to all entitlei ficeftsed or regul1tteid bj . ally supportive and consistent with the rlanning ol Ifie Commi'9ion, Including (wt not limited lo) the the Feden.l government; and estenslon, diocontinuance Of reduction of c:Onimon ··

(4) uevelojt, u~ nquest ind !') the e.•lent earner f~ltles Or servlca; ; the contrpl o( corn~ .. consistent with law and In tom""'"POft t!'e ~alional Com1nand Authori- . .. requi~ts .l~)he ~.,er o( tbe~CS; ; ,, .. ::,:. . · i · tit9 . 1nd 1p ~xei:atl! the rl!sponsibilitl'!S IMfgned bf · ~ .. d> f'n1,are ~ pl.lit ilid ~um· con• '. ... . .. ~eculivc · Or~ · No: -: 1233l {9et out M :• .llOte ·mmiii telecommunicrltions facilities, tervfc;cs iii-: .. ; • wnder aection 401 of'thil tit~~ and ·-. . · . · . ~t mider their inanqement.or oPenllonal : ,: .

12) l!ntiate thit ' the Dit'«1of of 1ht, N1tk111al .. < contr~ to muimize their C•pl?bility ol responding _;': . SectJrity Agency provkf :i··. t'4;:,-::::, .~ '.:::.: ant 10 respomibilitleS asaigiied t.,. tltis Order. · (4) Make lnrMnatton ·uallati~ it.; llnd l:lomiiln,. · -.t ·

(f) c.entral fntelllgence A~cy. n.~ Oimtor •. wit .. lhe M;n~ 'o(the N

50 App. § 22S1 .

WAR AND NATIONAL DEFENSE 276

conjunction with the Managtr of the NCS, with the Federal Communications Commission rcr.'fd-in[! execution of responsibilities assigned by this Order;

, (6) Submit rqiorts annually, or as olh...,.+•e

I,, reque.ted, to Jhe Maneger of the NCS. ~guding

qency llational l«Urity or emergency pref'Ared-:. nesa telecommunications activltiee; and } . ; : m Cooperate with .'and aulst the l!•..-utive

ill ~ j Agent for the NCS, the NCS Comralttee nf f rin-\l1~ ticipal.. the Manager of the NCS, and other der•rt-·' •; · ,-rn~lt and agmcies In the execution al the f•rnc-

~. · . •l t~ set forth In this Order, furnishing them •1·ch }1f,~)~foi:matioa, auppori and 1U1ista11cr aa mav be •.' \ :'.""'!Utrcd. , ,, . , . , .

, ~.; ·1· , ' (Jl E.ich Fedtt11I department or aitcncy .~.n '!'. \. i execute the responsibilities 8S1igned by this Ordet , li : In · conjunction with the emergency mon1~emt'lt .' • , f. 'ctivitles of the Fedtt11I Emerge111..7 M1n•gCTt1cnt ~/~-r Agency, and in rqular consultation with the Et· !t.!\:•~;~ ecutive ~l'?t for the .~cs and _the NCS ~"'":'it ·~*·l ! ' tee of Pn11C1pals to ensutt continued coord1natl0ft .i~~b? l' .N~ and indiYldual .iiaeftcy tel~municat~ ,.;\ ,,, 1 .. 1Ctlyrua . : " •'' .! ... . .. . - ..... . ~," .· . 'til,:.;~;y~LSec. .t. 'General ProVisioM. . (a) AR Executi-¥e ). :. ·~ 'i lkj)artmeilla. and .;enc~ · may . Issue 9uch rul"' • ~ ·,, ;. amt rcg-Jlations u may be -=-ary to cafTY "'"

\I · ~1 · Ille l'unction9 _usianed under this Order. ;: .~:.~r~\ 4~. :. t 1 : ~! 1 I~ · ; ;t( / ~\;_·., (;o1 ; i l.i ' J l·~ . ~ ·

11il In order t" rcnect the a.'15ignments of re-sponsibility provided by this Order, ·

(I) Sections 2-414, 4-102, 4-'.IOl, 4-202, 4-302, S-l, and 6-101 of Executive Order No. 12046 (>et out •• • note under ' sect'i"' ~' 9f' Titie 47], • llllftldcd,1rerevoked; .; . 1 .ff: · f · ·:·', ; : :- :r ·

(2) The Preolclential. Memonndum o( ·August 21 , 1963, llS •mended, 'entitled ;"J!llbblhhnienl of the National Cotnmunica~lon,a Systaa'', . la ·b~ auperweded; ;·and ·. ·:.; t.\ \, :: . ~ ~ , ~ . ~, , . . , ' ·~···:. 1 :;1 ~ . Section · 2-411 "·o1 l!Ji~tive · Order ' No. 12()46 (Id out u a note under ~ion lo' of'Title 47J, •amended, t• further~ bY deleting the ,,.,nod and : ln~inl ~. e1cept aa ·othCnrise pmvio'ed "7 Executive Order No.~, and Inserting the number usigned to this Order.

Id Nothin1 In lb~ Onlet. shllli lie dceined to - eff-.ct the authorities « tespon•ibilittt. Clf the

Direct« of the. Ofr'!'C of Manag=ent and Budsd, or any Office or of'ficial thereof, · or tcos..ign any function · assign

47 C.F.R. Parts 201-215

§ 201.0

PART 201-EXECUTIVE POLICY AND RESPONSIBILITIES

Sec. 201.0 Bnckgronnd. 201.1 Authrirfty. 201.2 Dcflnftlon!'l . 201.3 Policy. 201.4 llc~pom:thfllt.lr~ .

Aun10n1n : 61Stnt. 1!1ff (51) U.S.C. 401); 64 Stnt. 7!18 : 61 Stat. 1215 (50 U.S.C. npp. 2251>; !'O Stnt. 463

47 C.F.R. Parts 201-215

Chapter II-Off. of Science and f ech. Policy § 201.3

(el "Private sector" means those s!'c-tors of nonRovernment entitles en-ear.ed In private ent.erprlse. public serdces, and the general public, M users o( telecommunications services.

(fl "National priorities" means those cssrntlal actions and nct.lvltles In which the government and the private ,rctor must become engaged In the ln-t~rrsts or nntlonal survival and recov-ery.

qn "The Nntlonal Communications System The President Is authorized, lf he finds It necessary In the Interest of na-tional defense n.nd security, to dlrect that such telecommunications. ltS Jn his Judgment may be essential. shall have precedence or priority with nny c:urler snbJ~ct to the Communication'! Act or 1934. as nmended. The Presl· dent may give these directions at and for such times M he may determine, and rnny modify, change, suspend, or annul them, and for any such purpose, is authorized to Issue orders directly, or through such person or persons des-ignated for the purpose. or through

the Federal Communications Commis-sion.

(d) Federal. State, and local govern-ments are to share the responsibility for conservntlon of the Nation's tele-communication.'! resources. Although the President hns responsibility for es-tablishing national objectives, local conditions nnd relative urgency would determine the order and level of prece-dence within priorities.

( 1 J The achievement of survival nnd recovery would establish an unavoid-able Interdependence between and 11.mong Federal. State, and local au-thorlt.lPs; therefore. there should be no bnrrlers between these levels of au-thorities which would Impede, ob-struct, or otherwise hinder effective conservation and equitable 11.llocntlon of resource and services to the needs of the Nation.

(2) The Federal Government will rely upon State governmenlc; and their telecommunications management or-ganl7.atlons for management or control of Intrastate carrier services and conti-nuity of Interconnectivity with Inter-state carriers to assure that national objectives and priorities are properly served.

There will be a central authority within the Federal Government to control, coordinate, and direct the ac-tivities of the Nation's telecommunlca-tlonc; facilities, systems, and services.

(f) Telecommunications resources or the Federal Government will be em-ployed. as required, to best serve the continuity of government and national Interests.

(g) A system of communications services priorities will be established which will facllltate early restoration of services considered vital to national Interests.

There will · be a precedence system for the expeditious hnndllng of telephone calls, messages. and data transmission via government and public correspondence facllltes.

Federal agencies will, In the de-velopment of emergency operational plans, minimize, to the extent feasible, dependence upon telecommunications services for continuity of essential op-erations.

47 C.F.R. Parts 201-215

§ 201.4

!I 2()U lte~pon~iliilille!!.

Executive responsibilities with re-spect to emergency preparedness and readiness In telecommunications mat-ters are estnbllshed and assigned as follows:

47 C.F.R. Parts 201-215

Chopfer II-Off. of Science and Tech. Policy § 202.2

nrccls, subject to the management cll -rection and overrldlng authority of those officials delegated to act for and wlt.h the consent of the centml point of authority within the Federal Gov-ernment..

< 1 > Feclernlly owned, lcn.o;ed. nnc1/or operated telccorrununicatlons facili-ti es, systems, nnd networks will he mnrrn.ged during an emergency hy the ngency normally controlllng thr. f:iclll-ty, system. or network except that nil operntior1s will be subject to the ma11-ngeme11t direction nnd nuthorlty of the officials dr.lcgated overall manage-ment respons ibility for Federal Gov-enunent systems.

< 2> Facilities other than those of the Federal Government, with the excep-tion of radio stations Ln the Aviation Srrvlces and certain cla.5Ses of radio stntlom; In the Martlme Services, will be managed by the common carrier li-censee or other person owning and op-erating such facUltles, subject to Fed-eral Communications Commission (FCC> gulclance n.nd direction or In ac-cordance with State or local plans If an Intrastate licensee.

Radio stat.Ions ln the Aviation Services nnd those aboard ves.els In the Maritime Service will be subject to the control of the Secretary of De-fense during a national emergency.

Radio frequency ut1Jf7.atlon during n natlom1.l emergency will be In nccordance with authorizations, M· sip.nments, llTld mobUlzatlon plans Ln existence nt the onset of the emergen-cy subject to the overrldlng control of the central point of authority In the Federal Government !or telecommuni-cations mntters. ·

Radio stations n.re subject to clo-sure If considered a threat to national security.

Ce) Section 606 of the Communica-tions Act of 1934. as amended, confers ant.horlty to the President In the rnntter of suspension of n.11 rules and rer,ulntlons pertalnlng to the use o.nd operation of telecommunico.tlons fa-cilities, public or private. Thnt nuthor-lty would be exercLo:;ed only I! such action were cle:i.rly required by nation-al lntere::;t and alter all reasonnble nl-ternatlves had been examined and deemed Inadequate.

CH rn 33105, June 11. 1979; 44 FR 17773; Aug, 15. 19791

II 202.2 Criteria and ~uidanc,.

Emergency preparedness planning In government and Industry with respect to effective conservation nnd use of surviving telecommunications re-sources In a. postattnck period must provide !or orderly and uninhibited restoration of Intercity services by the Annex C-Xl

47 C.F.R. Parts 201-215

§ 202.3

A circuit restoration priority systt>m.

Preempt.Ion 1mt.horlty. Control or nccer~" to common user

networks. pnbllc n.nd private. Allocat.lon or private line services

nnd chn1111el time by competent au-thority.

The Nntlon·s telecommunications systems fncl!Jtles are vulnerable to physical nnd rndlologlcal dn.mnge. Flnnnln~ factors with respect to the resumption of Intercity services In a postnttnck period must consider the probnble loss of facllltle!'l which for-merly provided direct nnd/or nltemate Intercity services between surviving populntlon centr.rn. Since surviving nren.s nnd population centers would serve l\S t.he sources o( support to crip-pled nrens of the Nation. the resump-tion of Intercity services bt"tween nnd n.mong surviving metropolltnn arens will be of the highest priority with the carriers. The order of precedence of nctlons to effect Intercity services res-tomtlon set forth In the following will not be modJfled except upon direction of the central point of authority In telecommunlcatlons matters.

( ! ) Est!'.b!!shrnent of coordination circuits between carrier offices.

(2) Restoration of multichannel Intercity links.

Restoration of vital prlvnte line services to government and the private sector.

Reestablishment of public corre-spondence (toll) service to the extent that It will not Interfere with essential private llne services.

Norr.: Rr.cor,nlzlng that Intercity public corrr.~pondence circuit.-; mny be needed for the trnnsmlr.slon of precr.dence type mes-sn~e nnd cnll. neestabllsh-m('nt of nddltlonal public correspondence service mny procer.d to the elCtent fen-slbfe within th!! rrstrlctfons set forth In pnragrnph Cc)(4J of this section.

CH FR 33105. June 11, 1979; 44 FR 47773, Aug. 15. 1979)

Title 47-T elecommunlcalion

It 202.3 Pinn!! prep11rntlon and uecullon.

Natlonnl objectives and Interests with respect to security, survival, nnd recovery during a nntlonal emerr,ency mn.y subjugate proprletn.ry lnteresLo:; ln any telecommunications fnclllty, system, or network. Therefore, emer-gency preparedness resources manage-ment plnnnlng ls oriented to a per-ceived need for purposr.ful and n.uthor-ltatlve control of surviving resources. Federal 1\Utltorlty, substnntlve provi-sions, and functlo1111! responsibilities set forth In the planning documents ldent!Cled In § 202.2. preceding, nre swnm:u-lzed In the foUowlng:

Central Federal authority with respect to telecommunications re-source manngement hn!> been delegnt-ed, by Executive Order, to the Direc-tor, Office of Science n.nd Technology Folley . In this functlonnl role, the Director:

< 1 > Will prepare to exercise the emergency war powern of the Presi-dent grnnted by Sec. , , n.nd (d) of the Communications Act of 1934, a.s amended.

Will prepare to execute. If neces-sary, the emergency nulhorltles '1'.'hlch may be delegated by the Director, OCflce of Defense Resources .

(3) Will report direct to the Presi-dent, or his deslgnntcd represcntl\tlve, on the status of tclccomm11nlciitlons and provide recommendntlons with re-spect to telecommunlcntlons and na-tional priorities.

Will provide genernl or specific guidance to Federal agencies and State governments with respect to the use of telecommunlcntlons In civil de· fense and for other purposes of common Interest to Fcclel'al n.nd State governments.

Cb> Performnnce of essential govern-ment and public services during a na-tional emergency will require A menns for communication:; between govern-ment and the people, communlcntlons essential to operations of clem!'n!.c; or the national economy, nnd communi-cations for tll\tlonnl defense nml civil defense purposes. The needo:; of the private sector nnd those of govern-ment should be properly coordinated to ensure that responses to each of these communities of Interest, govern-

·.

47 C.F.R. Parts 201-215

Ch!!p'er 11-0H. of Science and Tech. Policy § 202.3

111c11t :ind prln1tP. sect.or, :tre npproprl-ately bnlnnc-cd. For this reru;on, the Director, Ortlce of Science nnd Tech-nology I'ullr.y . has delegated the rcspon:;lbllity for the prlvnte srdor to the Chairman, Federal Com-mu11lcntlo11s Commission , nnd responsibility for the nreds of govern-ment to the Executive Agent, National Communications System . A pnrlty of level or nuthorlty or these of-ficials Is established. They will coordi-nate and negotiate teleconununlca-tlons conrJlcL-; with respect to the nllo-catlon and use of the N:ttlon·s tP.lecom-munlcatlom; resources, reporting to the Director on unresolved Issues which are within the domain of their respective responsibilities and authori-ties.

< 1 > The Chairman, Federal Commu-nlcntlons Commission (F'CC), function-ing wlt.hln his a..o;slgned respomilbllltles and nuthorltles Is responsible for: ·

(!) The provision of services by the common cnrrlers. brondcnst facllltles, and safety nnd special radio services of the private sector.

Assignment and control or rndlo frequencies to Commission licensees.

47 C.F.R. Parts 201-215

§ 21 l.O Title 47-Telecommunlcation

tlon or construction of :md contrnctlng for telecommunlcntlons fncllltles.

- ··- - ..... ____ ----·-- -47 C.F.R. Parts 201-215

Chapter II-Orr. of Science and Tech. Polley § 211.4

CFn, 1954-1958 Comp., p. 117). nnd section 606 of the Federal Com1111111l-cntlons Act of 1934. as Rmended. Aut.hority to develop plans poli-cies, Rnd procedures for the cstnbllsh-ment of such restoration prlorltlr.s lrn .. 'l been delegated to the National Rr.r.ml-ty Council, by Executive Ord~rs l t051, I 1'190, and by the Presldent·s M.'loclatlons of governments or government agencies. l.ncludln" the l'n.n American Union, International Postal Union, and Inter-national Monet:uy Fund. "Qun..c;f.gov-ernment" Includes eleemosynary relief organb;atlons. such as the Red Cross orr.nnlzatlons.

(g) "National Cornmunlcntlons System " means that system es-tablished by the President's Memornn-dum of August 21, 1963, "Establish-ment of a Natlonru Communlcntlons System" .

(h) "Executive Agent" menns the Executive Agent of the Natlonnl Com-munications SysteDL

(l) "Commls..'llon" means the Federal Communications Commission.

IJ 211.3 Scope and coTerage.

The priority systl!m and proce-dures established by thls part are ap-plicable to:

U.S. domestic lensed Intercity pri-vate line services, lncludl'lg private line switched network services;

U.S. lntemntlonal leased prlvnte line services to the point of foreign entry;

Foreign exteno;lons of U.S. Inter-national leased prl~nte line services to the extent possible through agree-ment between U.S. carriers and for-eign correspondents;

Internatlonnl leased private line services terminating 1n or transiting the United States;

Federal Government-owned and leased circuits.

Cb> The priority system and proce-dures established by thls part are not applicable to operational circuits or order wires of the cru-rlers needed for circuit reactivation and maintenance purposes, which shaU have priority o( restoration over all other clrcnlt.'1 and shall be exempt from Interruption for the purpose of restoring priority serv-ices.

IJ 21 u rolicy. During the continuance of a wnr In

which the United States Is engaged

----·--·-···- --- ---- ·- --- - ·- - -47 C.F.R. Parts 201-215

§211.5

:mcl when the provisions of this pnrt nre lnvokr.d, all communications common carriers shall comply with the following principles Insofar ns pos-sible:

Whenever necessnry to mnlntnln or restore ll service hnvlng n deslr.nnt-ed prlorlt.y, services having lower prl-orlt:v. lower subprlorlty, or no prlorlt.y, wilt be Interrupted In thr. reverse order of priority ::;tarting with nonprlorlty services.

When services are lnterrnptrrl to restore priority services, carriers wlll enden\'Or If feasible to not.Uy users o( the reason (or the preemptlCln.

When public correspondence dr-cults nre needed to snllsfy re1111lre-ments for priority services. lrflp dr-cult.c; will be selected first. A minimum munber of public correspondence cir-cuits shall at nil times be kept avail-able so ru; to provide for the transmis-sion of precedence-type messages and call::;.

Cd> Communlca.t.lons common carri-ers will not lntenupt conversations JmvlnP, priority classification except Insofar ns neces. Priority 2. Priority 2 shall be the second highest level of restoration pr!·

-- ··-· --~~----------

47 C.F.R. Parts 201-215

Chapter II-Off. of Science and Tech. Policy § 211.6

orltY. and shall be nUordcd only to federal and Foreign Goverrunent pri-vate line services, and to Industrial/ comrnerclnl services which nre desig-nated for prearrruiged voluntary par-ticipation with the Federal Govern-ment ln a national emergency, Circuit requirements In this level shall be lim-ited to those essentlnl, nt a time when nuclear attack threatens, to maintain an optimum defense posture 1md to give civil alert to the U.S. population. These are circuit rcqulrements whose unavallablUty would present serious dRngers:

O> Reducing slgnlilcantly the pre-paredness of U.S. defense and retall-tory forces;

Affecting adversely the ability of the United States to conduct critical prenttack diplomatic negotiations to reduce or limit the threat of war;

(3) Interfering with the effectual di-rection of the U.S. population In the Interest of clvll defense and survival:

Weakening U.S. capability to ac-complish critical national Internal se-curity functions:

Inhibiting the provision of essen-tial Federal Government functions necessary to meet a preattack situa-tion.

Insure performnnce of critical lo-gistic functions, public utility services,

and admlnlstratlve-mllltary support function.'!;

Inlonn key diplomatic posts of the situation and of U.S. Intentions;

Secure and dJssemlnate urgent Intelligence;

Distribute essr.ntlal food and other supplies critical to health;

Provide for critical damage con-trol functions;

Provide for hospitalization; Continue critical Government

functions; Provfde transportation for the

foregoing activities. Cd> Priority 4. Priority shall be the

fourth highest restoration priority and shall be afforded to government, quasi-government. and Industrial/ Commercial private line services: Pro-vided, however, That Priority 4 will be afforded circuits servlnr. industrial/ Commercial, St!lte, county, municipal, and quasi-state and local government agencies only where, durlnp, an emer-gency, at least one station In the cir-cuit (or In connected clrcult.'J If switched service Is Involved> will be manned continually, or where such circuits are automated !lnd wlll be under constant surveillance from a remote location. Circuit requirements In this level shall be limited to those necessary for the malntennnce of the public welfare nnd the natlonnl econo-my In a situation short of nuclear attack, or during recon-;tltutlon after attack. These Include circuit. require-ments needed to continue the more important financial, economic, health, and safety activities of the Nation.

§ 211.6 Submls~lon and procuslng of res. torlltlon priority requests.

(a) Except as otherwise provided below, all requests for restoration pri-ority nsslgmnents wlll be submltted to the Executive Agent In the format prescribed by him for processing and certification.

Priority 3 and 4 applications from county and municipal govern-ments, quasi-state and local govern-ment agencies and private entltes shall be forwarded to the Federru Commu-nications Commission for Its approval and for certification to the carriers.

---·~--------------~------47 C.F.R. Parts 201-215

§ 2' 1.7 These submissions will be In the form prescribed by the Commission.

Industrial/Commercial entitles designated for prearranged voluntary pnrtlclpatlon with the Federnl Gov-ernment ln a natlon:J.l emergency should submit separate nppllcntlons lo the Commission when requestlng the o.s..o;hmment of priorities ln category 1 or 2. Such MSlgnments will require the approvnl of the Nntlonal Security Council In order to contlnue to be ef-fective during a wnr emergency. In all cnses the Justification for restoration priorities will cont11ln a validation stntement from the Government agency with whom participation ls prcarranged.

Requests for restoration priority nsslgrunents made by Foreign Govern-ment agencies, ex~cpt for NATO, NATO national mllfl::uy authority, nnd such other requests as the Execu-tive Agent may be designated, wut be submitted to the Department of State for initial evaluiitlon and review. The Depnrtment will. forwnrd to the Execu-tive Agent for processlng and approval such of these requests as It flnds ac-centnble.

(e> Requests for restorntlon priority assignments made by NATO. NATO nntlonal mllltary authority, and such other requests as the Executive Agent mny designate, will be forwarded through established Allied I..ong .Llnes A~ency channels to the Secre-tary d Defense. The Secretary will fonr1 J to the Executive Agent for prc,l.esslng and approval such of these requests llS he finds acceptable pursu-ant to approved NATO/U.S. proce-dures.

< 0 H.eqttests for tcrnpornry upgrad-ing of restoration priority n~lgnment'! occasioned by speclnl critical condi-tions, Including nttturnl dl.-;n.sters, heightened dlplomntlc and political tenseness, and tracking and control of nmnned space operntlons, mny be sub-mitted to the Executive Agent togeth-er with such information as he may re-quire for expedited processing deci-sion.

All assignments, denlrus and changes or restoration priorities and subprlorltles are subject to review and rnod!Clcatlon by the National Security Council.

Title 47-Telecommunlcotion

Ch) When requesting service from the carriers the user mu.cit Include the certified restoration priority on the service authorization.

§ 211.7 Obligation or cnrrler.i.

During the continuance of n wnr ln which the United States LCJ engaged, and when the provisions of this part are invoked, all carriers shall accord restoration priority assignments certi-fied pursuant to this part priority over all other circuits.

To promote the national interest and defense preparedness, carriers shall:

47 C.F.R. Parts 201-215

Chapler II-Off. of Science and Tech. Polley § 212.7

re~ources during an emergency Is con-tained In Executive Order 12046 . and the President's National Corrununlcatlons Memoran-dum of /\up:. 21, 1963 (28 FR 9413, 3 CFH. 19!'i!'l-l!Jfi:1 Comp., p. 858).

47 C.F.R. Parts 201-215 r §213.0 c~~nry to effect Implementation of this pnrt.

PART 213-GOVERNMEUT AND PUBLIC CORRESPONDEtlCE TELE-COMMUNICA TIOtlS PRECEDENCE SYSTEM

Sr

' 47 C.F.R. Parts 201-215

Chapler II-Off. of Science ond Tech. Polley § 213.5

by Interconnected carriers on a none;1t-cluslve messap,e by mes.o;age or cnll by call bn.c;Lo;, as differentiated from lensed private line services.

(b) The term "precedence" means the order In which messnges and calls arc processed. Transmission of Infor-mation nnd cnll completion I~ there-fore to he nccornplished In the order rr.Qulrccl by the precedence designator. Any such properly categorized commu-nlcntlons precede noncategorlzed com-munication.-;.

(c) The term "Government" where used alone means Federal. foreign, St:i.te. county, or municipal govern-ment np.cncles. SpecUlc reference will be mnde whenever It ls intended to apply to less than the whole, e.g., "Stnte Government," "Federal Gov-enunent," etc.

The term "Foreign Government" Includes those foreign diplomatic 1md consular establishments and those coalitions or associations of govern-ments s11d1 ns NATO. SEATO, OAS, UN, and associations of governments or r.overnmentnl agencies such ns Pan American UnJon, International Postal UnJon, International Monetary Fund, and similar organizations.

(e) The term "message" me:tns a written or other form of record com-munication prepared for transmission and delivery at the destination.

(f) The term "call" means a request from a user for n connection to nn-othcr station whether for telephone or record communication.

§ 213.5 Precedence de!!l1tnnton.

The following precedence desig-nators nre available for Government and public correspondence users:

F """'"I Gov""1menl Oomest!c pubrlc CXlfT••rond•nce and lntemalional lelephoM call•

Fl.,h .......... - ·--- .... Fla•h emergoney. lmmod'•I• •----·· Immediate 9"""9""CT· rncrily ··-- - -·--- - ···.. Prlo

r 47 C.F.R. Parts 201-215

§ 213.6

§ 213.6 Crlterl11. 11ash. Flash Emergency. < 1) This

Is the highest order or precedence anrJ slmll be strictly limited to Federal and Foreign Government ngencles.

F1ru;h, or Fl:i.sh Emergr.ncy tele-phone calls or messages shall be han-uted In the order received and ahead of nil cnlls or messnges except ns Indi-cated for lnt.ernntlonal mes..c;nges In ITU Regulations. When necessnry to obtaln a circuit for a Fln.c;h, or Fla.sh Emergency cnll nny call In progress of n. lesser precedence will be interrupted, If feru;lble. Any message of a lesser precedence In the process of trnnsmls-slon ~·Ill be halted, If fca.'llble, to clear the ch1umel for the Flash or Flash Emergency transmission. Fl:i.sh or Flnsh Emergency precedence shall be reserved for calls and messages having an lmmedlnte bearing on:

Command and control of military forces essential to defense and retalia-tion.

Critical Intelligence essential to m1.tlonal survival.

Conduct of dlplomntlc negotia-tions critical to the arresting or limit· Ing of hostilities.

Dissemination of critical clvll alert Information essential to national s~lval.

Continuity of Federal govern-mentnL functions essential to national survival.

!vi> Fulfillment of critical U.S. Inter-nal security functions essential to na-tlonnl survlvnl.

Cata.strophic events of nntlonal or International slgnlflcnnce, such as Preslctentln.I Action Notices essential to nal.lom1.I survival during attack or preatt:tck conditions.

Immediate, Immediate Emergen-cy, U1vent. Immediate. lmmedln.te Emergency, or Urgent telephone cnlls or mes.c;ages shall be handled as fast a.s pos.o;lble nnd ahead of all other calls or mes. Conduct of diplomat.le negotia-tions to reduce or llmit the threat of war.

(5) Implementation of Federl\l Gov-ernment actions essential · to national survival.

Situations which gravely 11.Uect the Internal security of the United States.

Clvtl defense actions .concerning direction of our population and Its sur-vival.

Disasters or event."J of extensive seriousness hnvlng an lmmedlnte and detrimental effect on the welfare of the population.

(9) Vital Information hnvlng an Im-mediate effect on 11.lrcrafl, spacecraft, or missile operations.

Priority, Priority Emergency, Urgent. Priority, Priority Emergency, or Urgent messages Md calls shalJ take precedence over messages or calls designated "Routine," or In the case of common cn.rrlers, over all nonprece-dence traffic. Priority, Priority Emer-gency, or Urgent precedence Is gener-ally reserved for cans or messages which require expeditious action. Ex-amples are calls or messages pertain-ing to:

( l > Information on hx:ntlons where attack Is Impending or where lire or air support will soon be placed.

Air-ground Inter.rated operations. Important lntelllsence. Important dJplomatlc Informa-

tion. Important lnlonnatlon concern-

ing the launch, operation, or recovery of spacecraft or missiles.

(6) Movement of naval, l\lr. and ground forces.

('1) Coordln1ttlon between go\•ern-mental agencies concerning the per-formnnce of emergency preparedness functions.

Major civil alrcrnft 11.ccldents. (9) M1!.lntnlnlng the public health,

snfety, and the welfare of our papula-tlon.

< 10> Critical logistic functions, provl· slons of critical public utility sen·lces, and ndmlnlstratlve military suppor-t functloN.

r47 C.F.R. Parts 201-215

Chaplrr II-Off. of Science and Tech. Palley § 213.7

Preparations for adequate hos- shown In full by the sender as the first pltalizatlon. word preceding the name of the ad-

< 14 > Continuity of critical Govern- drr.ssee. ment functions. For public correspondence call

47 C.F.R. Parts 201-215

r §213.8 rn111111on carriers shall have available n. minimum number o( public corre-spondence circuits at nil times so as to prol'lde for the trnnsmlsslon o( prece-dence type messages nnd calls. Nor-mnlly, the communlcntlon common carriers shnll use their Judgment In de-termining this number of circuit_, re-quired for public correspondence prec-edence trnfflc. However, the Authority ls reserved to the Natlonnl Security Cn11ncU or the Federnl Communica-tions Commission. as appropriate to the time 1U1d situation. to revise the decisions o( the canters respcctlng the allocation o( circuits. and to resolve any questions which are referred to them by the carriers or the user's.

II 213.8 lmplr.mentation.

Federal departments n.nd ngencles nre authorized to Issue such additional orders as are necessary to effect imple-mentation of this circular.

PJ\!H 214-PROCEOURES FOR TtfE USE J\NO COOR DINI\ Tlot~ OF TtlE RADIO srECTRUM DURING A NA-TIONAL EMERGENCY

Src. 21'1 .0 Authority. 214 .1 Purpose. 214 .l Scope. 211 .3 Assumptions. 211 .4 Flnnned nctlons. 21 4 .5 Responslbllltles. 21 4.e Postnttaclt procedures and actlom.

A UTl!ORITY: 84 Stat. 2083 and E.O . 12048 y the President, the Director will:

Authorize the continuance In force of all outstanding frequency nu-thorlzatlons Issued by the Director, OSTP, and the Federal Communica-tions Commission . except BS those authorlzatlom; may be modified by emergency plnns for use of the radio spectrum and except as they may otherwise be modified or revoked by the Director In the national Inter-est;

(2) Redelegn.te to the Sr.crPtJtty or Defense Ruthorlty necessary to control the use of the rndlo spectrum In aren.s of active combat, where such control ls

FT ,~

47 C.F.R. Parts 201-215

Chapter II-Off. of Science Qnd Tech. Polley § 214.6

nrcessnry to the support of U.S. mlll-t:iry operations;

Close all non-Government radio statlomt In the International broad-casting service RS defined In the FCC rules nnd regulations, except those carrying or scheduled to carry U.S. Government-controlled radio broad-cn..o;ts:

< 4 > Close A.ll nmnteur r:icllo stat.Ions, eitcept tho~e operating ns a part of the Radio Amateur Civil Emergency Serv- · Ice .

g 2 "1.5 Re11ponslblllll,s.

The Director, OSTP, will Issue such policy guidance, rules, reguln-tlons. procedures, and dlrectlves as mny be necessary to assure effective frequency usage during war or nation-al emergency condJtlons.

The FCC shall. Issue appropriate rules, regulations, orders, and Instruc-tions nnd take such other actions not lnconsLo;tent with the actions of the Director, OSTP, tt.s may be necemmry to ensure the Immediate nvaliablllty of the frequencies and facilities between 10 nnd 25,000 kHz provided for In emergency plans for use of the radio spectrum.

The FCC shall assist the Director In the preparation of emergency plans pursunnt to Part 18, Executive Order 11190 (3 CFR, 1966-1970 Comp., p. 820).

Each Federal Government agency concerned shall develop and be prepared to Implement Its own plnns, and shall make necessary preemer-gency arrangements with non-Govern-ment entitles for the provision of de-sired facilities or services, all subject to the guidance and control of the Di-rector.

II 21-t.fl rostnttnck proc,dur's and actlon11.

The frequency management staff supporting the Director, OSTP, v11ll be comprlsP.d of predesignated personnel from the frequency management strufs of the government user ngencles and the FCC, will have proceeded to the OSTP relocation site In accord-nnce with alerting orders In force.

Government agencies having need for new radio frequency nsslgn-ments or for modification of existing assignments involving a change In the

frequency usnge pnttcrn shnll unless otherwise provided submit applica-tions therefor to the Director, OSTP, by whatever means of communication are available and appropriate, togeth-er with a statement of any prenppllca-tlon coordlnatlon accomplished. The Director, OSTP, will review such ap-plfcntlons, accompll.sh the necessary additional coordination Insofar as prnctlcable, consider all pertinent views and comments, and grant or deny, as he shall determlne, the as-signment of such frequencies. All con-cerned wlll be informed promptly of his decisions.

Non-Government entitles having need for new radio frequency nsslgn=-ments or for modlflcatlons of existing assignments will continue to submit applications therefor to the FCC, or In accordance with FCC lnstructlom;. Such applications shall be coordinated with the director, OSTP, and granted subject to the approval of the Direc-tor, OSTP, or his delegate.

All changes of radio frequency usage within U.S. military theaters of operation will be coordinated with the Director, OSTP, where harmful inter-ference Is likely,

Where submission to the Direc-tor, OSTP, Is impracticable, the appli-cant shall:

O> Consult emergency plnns for use of the radio spectrum and the Fre-quency Assignment Lists;

Accomplish such coordination as approprh1te and possible;

Act in such mnnner as to hnve a minimum lmpnct upon established services, accepting the responslblllty entailed In taking the temporary action required.

Advise the Director, OSTP, a.s soon n.s possible of the action tnken, e.nd submlt an application for retroac-tive approval.

PART 215-FEDERAL GOVERNMEUT FOCAL POINT FOR ElECTROMAG· NETIC PULSE (EMP) INFORMATION

Sec. 215.0 Purpose Md authority. 215.1 Background. 215.2 Assignment ol "spons lbllltles.

Aurnon1n: 84 Stat. 2083, ttnd E.O. 12048, 43 FR 13349, March 29, 1978.

47 C.F.R. Parts 201-215

§ 215.0

SouncE: 43 FR 50437, Oct. 30, 1978, unless otherwise noted.

§ 215.0 Purpo~e nnd nuthorlty.

The purpose of this pnrt Is to dr.slg-nnte a focnl point wlt,hln the Fcdnnl Government for electromnfm'!l lc p11Lo;e Information concernh1g tele-communlcn!Jons. It Is Issued pursuant to the nuthorlty of Reorgnnb:atlon Plan No. l of 1971), 84 Stat. 2083, F.xec-utlve Order 12016 nnd the President's memorandum of l\ugust 21, 1963, "establishment of I\ Nnt.lonnl Communications System."


Collection Name


Withdrawer

CAS 3/29/2005

File Folder


Box Number

3

FOIA

F05-071

ETLER

ID Document Type


No of Doc Date Restric-

6478 COMMENTS

FOR THENSCREPEAD5 (TAB 5-COVERPAGE TABLE OF CONTENTS; TAB A-PP. 1; TABB -PP. 2-4; TAB C - PP. 5-14; TAB D - PP. 15-45; TAB E -PP. 46-48)


B-1 National security classified information [(b)(1) of the FOIA]

pages

52 5/1/1986

B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA] B-3 Release would violate a Federal statute [(b)(3) of the FOIA] B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] 8-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] 8-8 elease would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]

Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]

tions

Bl B2