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 (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:

   (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

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

   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

   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.

   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.

   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

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

   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;

   (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:

   *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.

   (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

   **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.

   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

   ^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).

   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.

   (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 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 55–1, “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 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:

   (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 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.

   (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  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 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.

   (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, 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.

   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.

   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]
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