[Federal Register Volume 66, Number 142 (Tuesday, July 24, 2001)]
[Proposed Rules]
[Pages 38411-38412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18367]
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OFFICE OF SCIENCE AND TECHNOLOGY POLICY
NATIONAL SECURITY COUNCIL
47 CFR Parts 211 and 213
Emergency Restoration Priority Procedures for Telecommunications
Services
AGENCIES: Office of Science and Technology Policy and National Security
Council.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The Office of Science and Technology Policy (OSTP) and the
National Security Council (NSC) propose to remove their regulation on
Emergency Restoration Priority Procedures for Telecommunications
Services. The information in this regulation is no longer relevant or
timely as it has been superseded by National Communications System
(NCS) Directive 3-1. Removal of this regulation will ensure consistency
and eliminate confusion between the OSTP and the Federal Communications
Commission (FCC).
DATES: Comments must be received by August 20, 2001.
ADDRESSES: Address all comments concerning this proposed rule to the
OSTP Senior National Security Officer, Eisenhower Executive Office
Building, Room 494, Washington, DC 20502.
FOR FURTHER INFORMATION CONTACT: Lieutenant Colonel Terrence Kelly,
USA, 202-456-6057.
SUPPLEMENTARY INFORMATION:
Explanation of Requirements of Proposed Rule
47 CFR Part 211, Emergency Restoration Priority Procedures for
Telecommunications Services was adopted in 1978 (43 FR 50431, October
30, 1978) and corresponded to then 47 CFR Part 64, Appendix A. In 1987,
the Manager, NCS, petitioned the FCC to revise Appendix A to establish
a new system to restore NS/EP communications. In 1988, the FCC issued a
Report and Order adopting in substance the changes proposed by the
Manager. (In the Matter of National Security Emergency Preparedness
Telecommunications Service Priority System, General Docket 87-505, 3
FCC Rcd. 6650, 1988, the ``Order.'') In the FCC portion of Title 47
CFR, new 47 CFR part 64, Appendix A, as revised in the Order, replaced
the old Appendix A in its entirety. 47 CFR part 211, the corresponding
OSTP section of Title 47 CFR, has not been changed.
[[Page 38412]]
The FCC's Order makes it clear that its rules apply before
invocation of the Presidential war powers. It notes that its rules and
those adopted by OSTP for use after invocation will provide for a
uniform system of administering restoral priorities. Order, par. 1b and
c. After adoption by the FCC, the new restoral rules were set forth in
an NCS Directive, NCS Directive 3-1. This directive states it applies
to priorities that had previously been governed by 47 CFR Part 64
Appendix A and 47 CFR Part 211. OSTP approval is necessary before NCS
directives may become effective; thus, by signing off on NCS Directive
3-1, OSTP has already agreed that the procedures set forth in old 47
CFR part 211 are obsolete. NCS Directive 3-1 is published at 47 CFR
part 216.2 and provides notice to telecommunications carriers of the
procedures to be followed both before and after invocation of the
President's war powers. It appears no further notice is necessary and
elimination of 47 CFR part 211 will not result in a lack of guidance to
telecommunications carriers.
47 CFR part 213, Government and Public Correspondence
Telecommunications Precedence System was also adopted in 1978 (43 FR
50434, October 30, 1978). It sets forth an operator-assisted system to
provide priorities to NS/EP calls. A companion section dealing with
priorities prior to invocation of the President's war powers was found
in 47 CFR Part 64, Appendix B. As part of the rulemaking proceeding
that led to the rules now set forth in Part 64, Appendix A, the Manager
asked that Appendix B be deleted since operators were by then no longer
involved in the routine handling of calls. The process had become
automated and operator intervention was impracticable. The FCC
concurred and in its Order removed Appendix B to Part 64. Order, at
Par. 3. There is no substitute for Appendix B. Thus, 47 CFR part 213
may be eliminated in its entirety with no substitution.
List of Subjects in 47 Parts 211 and 213
Civil defense, Communications common carriers, Defense
communications, Emergency powers, Telecommunications.
Dated: July 17, 2001.
Barbara Ann Ferguson,
Administrative Officer, Office of Science and Technology Policy.
Dated: July 17, 2001.
Dean J. Haas,
Deputy Executive Secretary and Senior Director for Administration,
National Security Council.
For the reasons set forth in the preamble and under the authority
of Executive Order 12472, 47 CFR, Chapter II is proposed to be amended
by removing Parts 211 and 213.
[FR Doc. 01-18367 Filed 7-23-01; 8:45 am]
BILLING CODE 3170-01-P