Goto Section: 216.1 | 216.2 | Table of Contents

FCC 216.2
Revised as of November 27, 2020
Goto Year:2020 | 2022
  §  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 B1
   provides abbreviated descriptions of types of issuances.

   1Editorial Note: See § 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 Appendices2

   2Editorial Note: See § 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:

   1See the note at the end of Directive 1-1.

   2See § 216.2(c) and the note following the table of contents for the
   appendix to part 216.

   3See § 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

   1Editorial Note: See § 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, 19864

   4Editorial Note: See § 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

   1Editorial Note: See § 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, 19852

   2Editorial Note: See § 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

   1Editorial Note: See § 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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