Sec.  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
    Sec. 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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                        Last updated: August 7, 2006