[Federal Register Volume 65, Number 153 (Tuesday, August 8, 2000)]
[Rules and Regulations]
[Pages 48393-48398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19945]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[WT Docket No. 96-86; FCC 00-242]


Priority Access Service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission allows commercial mobile 
radio service to offer Priority Access Service (PAS) to public safety 
personnel at the Federal, State and local levels to help meet the 
national security and emergency preparedness (NSEP) needs of the 
Nation. Additionally, the Commission adopts rules to implement its 
decision. Specifically, the Commission determines that it will permit, 
but not require, commercial mobile radio service (CMRS) providers to 
offer PAS to NSEP personnel. PAS will allow authorized NSEP users in 
emergencies to gain access to the next available wireless channel; 
priority calls would not, however, preempt calls in progress.

DATES: Effective October 10, 2000.

FOR FURTHER INFORMATION CONTACT: Bert Weintraub at (202) 418-0680, 
Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, or Les Smith, AMD-PERM, Office of Managing 
Director at (202) 418-0217. In addition to filing comments with the 
Office of the Secretary, a copy of any comments on the information 
collection requirements contained herein should be submitted to Judy 
Boley, Federal Communications Commission, Room 1-C804, 445--12th 
Street, SW., Washington, DC 20554, or via the Internet to 
[email protected].

SUPPLEMENTARY INFORMATION: 1. This is a summary of the Commission's 
Second Report and Order, FCC 00-242 in WT Docket No. 96-86, adopted on 
July 3, 2000, and released on July 13, 2000. The full text of this 
Second Report and Order is available for inspection and copying during 
normal business hours in the FCC Reference Center, Room CY-A257, 445--
12th Street, SW., Washington, DC 20554. The complete text may be 
purchased from the Commission's copy contractor, International 
Transcription Service, Inc., 1231--20th Street, NW., Washington, DC 
20037. The full text also may be downloaded at: www.fcc.gov. 
Alternative formats are available to persons with disabilities by 
contacting Martha Contee at (202) 418-0260 or TTY (202) 418-2555.

Summary of the Report and Order

    2. The Second Report and Order implements another step of the 
Commission's responsibility to provide in the most efficient manner 
access to communications infrastructures in order to respond 
effectively to emergency and disaster situations. It documents the 
Commission's belief that there is a need and a demand for PAS, both by 
government agencies and by non-government NSEP personnel (e.g., 
utilities) that were not entitled to the 24 MHz of additional spectrum 
recently provided to the public safety community. The Second Report and 
Order makes clear that the Commission will allow, but will not require, 
CMRS providers to offer PAS to NSEP. It provides that if carriers 
choose to offer PAS, they will be required to adhere to uniform 
operating protocols concerning the number of priority levels and the 
priority level for particular NSEP users. The Second Report and Order 
establishes the reasoning for the Commission's belief that uniform 
operating protocols will: (a) Ensure the compatibility of a peacetime 
PAS system with a wartime system, (b) allow federal and out-of-region 
NSEP personnel to avail themselves of PAS, and (c) enable a PAS system 
to be far more effective. It also concludes that: (a) PAS will include 
five priority levels, with non-government NSEP personnel receiving 
entitlement to a priority level as appropriate; (b) access to PAS 
should be limited to key personnel and those with leadership 
responsibilities; and (c) the National Communications System (NCS) will 
have responsibility for the day-to-day administration of PAS, with 
oversight responsibilities residing with the Commission. The 
Commission, however, will not require carriers to adhere to particular 
technical standards to implement PAS. The Second Report and Order 
further provides that a carrier's provision of PAS in accordance with 
Commission Rules being implemented will be prima facie lawful under 
federal law, thereby imposing a heavy burden on any complainant who 
claims a violation of the Communications Act, in particular, a 
violation of 202's anti-discrimination provisions. Otherwise, without 
such protection from liability, carriers are unlikely to offer PAS. 
Appendix C of the Second Report and Order contains the final PAS rules.

Final Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the proposal 
of the Commission's rules regarding Priority Access Service, Second 
Notice of Proposed Rulemaking, (SNPRM) FCC 97-353, 62 FR 60199 (Nov. 7, 
1997). The Commission sought written public comment on the proposals in 
the SNPRM, including comment on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.

I. Need for, and Objectives of, the Second Report and Order

    2. The Commission has determined that there is a need and demand 
for Priority Access Service (PAS) by national security and emergency 
preparedness (NSEP) and other public safety personnel to enhance NSEP. 
Consequently, the Commission's objective is to authorize the voluntary 
provision by CMRS providers for such service. In the Second Report and 
Order, we determine that we will permit, but not require, CMRS 
providers

[[Page 48394]]

to offer PAS to NSEP personnel. If carriers choose to offer PAS, we are 
requiring them to adhere to uniform operating protocols. We also are 
adopting the PAS priority levels proposed by NCS and designate NCS as 
the day-to-day administrator of PAS.

II. Summary of Significant Issues Raised by Public Comments In Response 
to the IRFA

    3. In the IRFA, The Commission found that the rules we proposed to 
adopt in this proceeding may have a significant impact on a substantial 
number of small businesses. The IRFA solicited comment on alternatives 
to our proposed rules that would minimize the impact on small entities 
consistent with the objectives of this proceeding. No comments were 
submitted directly in response to the IRFA.

III. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    4. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (a) Is independently owned 
and operated; (b) is not dominant in its field of operation; and (c) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' Nationwide, as of 1992, there were 
approximately 275,801 small organizations. ``Small governmental 
jurisdiction'' generally means ``governments of cities, counties, 
towns, townships, villages, school districts, or special districts, 
with a population of less than 50,000.'' As of 1992, there were 
approximately 85,006 such jurisdictions in the United States. This 
number includes 38,978 counties, cities, and towns; of these, 37,566, 
or 96 percent, have populations of fewer than 50,000. The Census Bureau 
estimates that this ratio is approximately accurate for all 
governmental entities. Thus, of the 85,006 governmental entities, we 
estimate that 81,600 (91 percent) are small entities. Below, we further 
describe and estimate the number of small entity licensees and 
regulatees that may be affected by the proposed rules, if adopted.
    5. CMRS Providers. CMRS providers include cellular licensees, 
broadband personal communications service (PCS) licensees, specialized 
mobile radio (SMR) licensees, and other mobile service providers. 
Cellular Licensees. Neither the Commission nor the SBA has developed a 
definition of small entities applicable to cellular licensees. 
Therefore, the applicable definition of a small entity is the 
definition under the SBA rules applicable to radiotelephone (wireless) 
companies. This provides that a small entity is a radiotelephone 
company employing no more than 1,500 persons. According to the Bureau 
of the Census, only twelve radiotelephone firms from a total of 1,178 
such firms that operated during 1992 had 1,000 or more employees. 
Therefore, even if all twelve of these firms were cellular telephone 
companies, nearly all cellular carriers were small businesses under the 
SBA's definition. We also note that there are 1,758 cellular licenses; 
however, a cellular licensee may own several licenses. In addition, 
according to the most recent Trends in Telephone Service data, 732 
carriers reported that they were engaged in the provision of either 
cellular service or PCS services, which are placed together in the 
data. We do not have data specifying the number of these carriers that 
are not independently owned and operated or have more than 1,500 
employees, and thus are unable at this time to estimate with greater 
precision the number of cellular service carriers that would qualify as 
small business concerns under the SBA's definition. Consequently, we 
estimate that there are fewer than 732 small cellular service carriers 
that may be affected by the policies adopted in this Second Report and 
Order.
    6. Broadband Personal Communications Service (PCS). The broadband 
PCS spectrum is divided into six frequency blocks designated A through 
F, and the Commission has held auctions for each block. The Commission 
defined ``small entity'' for Blocks C and F as an entity that has 
average gross revenues of less than $40 million in the three previous 
calendar years. For Block F, an additional classification for ``very 
small business'' was added and is defined as an entity that, together 
with its affiliates, has average gross revenues of not more than $15 
million for the preceding three calendar years. The SBA has approved 
these regulations defining ``small entity'' in the context of broadband 
PCS auctions. No small businesses within the SBA-approved definition 
bid successfully for licenses in Blocks A and B. There were ninety 
winning bidders that qualified as small entities in the Block C 
auctions. A total of ninety-three small and very small business bidders 
won approximately forty percent of the 1,479 licenses for Blocks D, E, 
and F. Based on this information, we conclude that the number of small 
broadband PCS licensees will include the ninety winning C Block bidders 
and the ninety-three qualifying bidders in the D, E, and F blocks, for 
a total of 183 small entity PCS providers as defined by the SBA and the 
Commission's auction rules.
    7. SMR Licensees. Pursuant to 47 CFR 90.814(b)(1), the Commission 
has defined ``small business'' for purposes of auctioning 900 MHz SMR 
licenses, 800 MHz SMR licenses for the upper 200 channels, and 800 MHz 
SMR licenses for the lower 230 channels as a firm that has had average 
annual gross revenues of $15 million or less in the three preceding 
calendar years. This small business size standard for the 800 MHz and 
900 MHz auctions has been approved by the SBA. Sixty winning bidders 
for geographic area licenses in the 900 MHz SMR band qualified as small 
business under the $15 million size standard. It is not possible to 
determine which of these licensees were not covered by the previous 
rule but intend to offer real-time, two-way PSTN-interconnected voice 
or data service utilizing an in-network switching facility. Therefore, 
we conclude that the number of 900 MHz SMR geographic area licensees 
affected by this rule modification is at least sixty.
    8. The auction of the 525 800 MHz SMR geographic area licenses for 
the upper 200 channels began on October 28, 1997, and was completed on 
December 8, 1997. Ten winning bidders for geographic area licenses for 
the upper 200 channels in the 800 MHz SMR band qualified as small 
businesses under the $15 million size standard. We conclude that the 
number of 800 MHz SMR geographic area licensees for the upper 200 
channels affected by this rule modification is at least ten.
    9. The Commission has determined that 3325 geographic area licenses 
will be awarded in the 800 MHz SMR auction for the lower 230 channels. 
Because the auction of these licenses has not yet been conducted, there 
is no basis to estimate how many winning bidders will qualify as small 
businesses under the Commission's $15 million size standard. Therefore, 
we conclude that the number of 800 MHz SMR geographic area licensees 
for the lower 230 channels that may ultimately be

[[Page 48395]]

affected by this rule modification is at least 3325.
    10. With respect to licensees operating under extended 
implementation authorizations, approximately 6800 such firms provide 
800 MHz or 900 MHz SMR service. However, we do not know how many of 
these qualify as small businesses under the $15 million size standard. 
Therefore, we conclude that the number of SMR licensees operating in 
the 800 MHz and 900 MHz bands under extended implementation 
authorizations that may be affected by this rule modification is up to 
6800.
    11. 220 MHz Radio Service--Phase I Licensees. The 220 MHz service 
has both Phase I and Phase II licenses. There are approximately 1,515 
such non-nationwide licensees and four nationwide licensees currently 
authorized to operate in the 220 MHz band. The Commission has not 
developed a definition of small entities specifically applicable to 
such incumbent 220 MHz Phase I licensees. To estimate the number of 
such licensees that are small businesses, we apply the definition under 
the SBA rules applicable to Radiotelephone Communications companies. 
According to the Bureau of the Census, only 12 radiotelephone firms out 
of a total of 1,178 such firms which operated during 1992 had 1,000 or 
more employees. Therefore, if this general ratio continues in the 
context of Phase I 220 MHz licensees, we estimate that nearly all such 
licensees are small businesses under the SBA's definition.
    12. 220 MHz Radio Service--Phase II Licensees. The Phase II 220 MHz 
service is a new service, and is subject to spectrum auctions. In the 
220 MHz Third Report and Order we adopted criteria for defining small 
businesses and very small businesses for purposes of determining their 
eligibility for special provisions such as bidding credits and 
installment payments. We have defined a small business as an entity 
that, together with its affiliates and controlling principals, has 
average gross revenues not exceeding $15 million for the preceding 
three years. Additionally, a very small business is defined as an 
entity that, together with its affiliates and controlling principals, 
has average gross revenues that are not more than $3 million for the 
preceding three years. An auction of Phase II licenses commenced on 
September 15, 1998, and closed on October 22, 1998. 908 licenses were 
auctioned in three different-sized geographic areas: Three nationwide 
licenses, 30 Regional Economic Area Group Licenses, and 875 Economic 
Area (EA) Licenses. Of the 908 licenses auctioned, 693 were sold. 
Companies claiming small business status won: One of the Nationwide 
licenses, 67% of the Regional licenses, and 54% of the EA licenses. As 
of October 7, 1999, the Commission had granted 681 of the Phase II 220 
MHz licenses won at a first auction and an additional 221 Phase II 
licenses won at a second auction.
    13. Paging. The Commission has adopted a two-tier definition of 
small businesses in the context of auctioning licenses in the Common 
Carrier Paging and exclusive Private Carrier Paging services. A small 
business is defined as either (1) an entity that, together with its 
affiliates and controlling principals, has average gross revenues for 
the three preceding years of not more than $3 million, or (2) an entity 
that, together with affiliates and controlling principals, has average 
gross revenues for the three preceding calendar years of not more than 
$15 million. The SBA approved this definition for paging services on 
December 12, 1999. At present, there are approximately 24,000 Private 
Paging licenses and 74,000 Common Carrier Paging licenses. According to 
the most recent Carrier Locator data, 137 carriers reported that they 
were engaged in the provision of either paging or messaging services, 
which are placed together in the data. We do not have data specifying 
the number of these carriers that meet this two-tiered definition, and 
thus are unable at this time to estimate with greater precision the 
number of paging carriers that would qualify as small business concerns 
under the SBA's definition. Consequently, we estimate that there are 
fewer than 137 small paging carriers that may be affected by the 
decisions and rules adopted in the Second Report and Order.
    14. Narrowband PCS. The Commission has auctioned nationwide and 
regional licenses for narrowband PCS. There are 11 nationwide and 30 
regional licensees for narrowband PCS. The Commission does not have 
sufficient information to determine whether any of these licensees are 
small businesses within the SBA-approved definition for radiotelephone 
companies. At present, there have been no auctions held for the major 
trading area (MTA) and basic trading area (BTA) narrowband PCS 
licenses. The Commission anticipates a total of 561 MTA licenses and 
2,958 BTA licenses will be awarded by auction. Such auctions have not 
yet been scheduled, however. Given that nearly all radiotelephone 
companies have no more than 1,500 employees and that no reliable 
estimate of the number of prospective MTA and BTA narrowband licensees 
can be made, we assume, for purposes of this IRFA, that all of the 
licenses will be awarded to small entities, as that term is defined by 
the SBA.
    15. Air-to-Ground Radiotelephone Service. The Commission has not 
adopted a definition of small entity specific to the Air-Ground 
Radiotelephone Service. Accordingly, we will use the SBA's definition 
applicable to radiotelephone companies, i.e., an entity employing no 
more than 1,500 persons. There are approximately 100 licensees in the 
Air-Ground Radiotelephone Service, and we estimate that almost all of 
them qualify as small entities under the SBA definition.
    16. Satellite Services. The Commission has not developed a 
definition of small entities applicable to satellite service licensees. 
Therefore, the applicable definition of small entity is generally the 
definition under the SBA rules applicable to Communications Services, 
Not Elsewhere Classified (NEC). This definition provides that a small 
entity is expressed as one with $11.0 million or less in annual 
receipts. According to the Census Bureau, there were a total of 848 
communications services providers, NEC, in operation in 1992, and a 
total of 775 had annual receipts of less than $9.999 million. The 
Census report does not provide more precise data.
    17. Wireless Communications Services. This service can be used for 
fixed, mobile, radio location and digital audio broadcasting satellite 
uses. The Commission defined ``small business'' for the wireless 
communications services (WCS) auction as an entity with average gross 
revenues of $40 million for each of the three preceding years, and a 
``very small business'' as an entity with average gross revenues of $15 
million for each of the three preceding years. The Commission auctioned 
geographic area licenses in the WCS service. In the auction, there were 
seven winning bidders that qualified as very small business entities, 
and one that qualified as a small business entity. We conclude that the 
number of geographic area WCS licensees that may be affected by the 
rules in the Second Report and Order includes these eight entities.
    18. National Security/Emergency Preparedness Personnel. As a 
general matter, NSEP personnel include personnel from state and local 
government, police and fire departments, and emergency medical 
services. As indicated supra in paragraph four of this FRFA, all 
governmental entities with populations

[[Page 48396]]

of less than 50,000 fall within the definition of a small entity.

IV. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    19. The Second Report and Order adopts rules that will require 
service users that seek PAS assignments to file applications with their 
authorizing agents and will require authorizing agents to evaluate 
those applications. The form of the applications and the information 
required will be determined by NCS at a later date. The Second Report 
and Order also adopts rules that will require service providers that 
offer PAS to maintain a database of authorized users. The rules permit 
but do not require service users, authorizing agents, and service 
providers to participate in PAS. The Commission believes that these 
requirements are the minimum necessary to implement PAS.

V. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    20. We have reduced economic burdens wherever possible. The rules 
adopted permit but do not require CMRS providers to offer PAS to NSEP 
personnel. Because any offering is voluntary, we believe that we have 
minimized the economic impact on small entities. While the rules 
require CMRS providers that do offer PAS to adhere to a set of uniform 
operating protocols, we do not believe that the protocols will be 
significantly more expensive to implement, if at all, than other 
priority systems that CMRS providers might otherwise have chosen to 
adopt. Significant alternatives considered but rejected were: (1) Do 
not permit PAS in the first place. We rejected this alternative because 
we concluded that the recent grant of additional spectrum for public 
safety does not obviate the need for PAS. (2) Make PAS mandatory. We 
rejected this alternative because not all CMRS systems, including some 
small systems, are technically able to offer PAS and because some 
commenters to the SNPRM believe they would have to spend large amounts 
of capital to upgrade their systems.
    21. The item also limits access to PAS to key personnel. In this 
regard, it requires NSEP personnel that wish to avail themselves of PAS 
to apply for authorization. We believe that the economic burden this 
requirement imposes on small entities that are potential users is 
minimal but is necessary in order to ensure that the full benefits of 
PAS are realized.

Report to Congress

    The Commission will send a copy of this Second Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Small Business Regulatory Enforcement Fairness Act of 1996. In 
addition, the Commisison will send a copy of the Second Report and 
Order, including the FRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration. A copy of the Second Report and Order 
and FRFA (or summaries thereof) also will be published in the Federal 
Register.
    Paperwork Reduction Analysis. The PAS Report and Order does not 
contain either a proposed or modified information collection.

List of Subjects 47 CFR Part 64

    Civil defense, Radio, Reporting and recordkeeping requirements.

Federal Communicaitons Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    1. The authority citation for part 64 is revised to read as 
follows:

    Authority: 47 U.S.C. 151, 154, 201, 202, 205, 218-220, 254, 302, 
303, and 337 unless otherwise noted. Interpret or apply sections 
201, 218, 225, 226, 227, 229, 332, 48 Stat. 1070, as amended. 47 
U.S.C. 201-204, 208, 225, 226, 227, 229, 332, 501 and 503 unless 
otherwise noted.


    2. Section 64.401 is revised to read as follows:


Sec. 64.401  Policies and procedures for provisioning and restoring 
certain telecommunications services in emergencies.

    The communications common carrier shall maintain and provision and, 
if disrupted, restore facilities and services in accordance with 
policies and procedures set forth in Appendix A to this part.

    3. A new Section 64.402 is added as follows:


Sec. 64.402  Policies and procedures for the provision of priority 
access service by commercial mobile radio service providers.

    Commercial mobile radio service providers that elect to provide 
priority access service to National Security and Emergency Preparedness 
personnel shall provide priority access service in accordance with the 
policies and procedures set forth in Appendix B to this part.

    4. A new appendix B to Part 64 is added as follows:

Appendix B to Part 64--Priority Access Service (PAS) for National 
Security and Emergency Preparedness (NSEP)

1. Authority

    This appendix is issued pursuant to sections 1, 4(i), 201 
through 205 and 303(r) of the Communications Act of 1934, as 
amended. Under these sections, the Federal Communications Commission 
(FCC) may permit the assignment and approval of priorities for 
access to commercial mobile radio service (CMRS) networks. Under 
section 706 of the Communications Act, this authority may be 
superseded by the war emergency powers of the President of the 
United States. This appendix provides the Commission's Order to CMRS 
providers and users to comply with policies and procedures 
establishing the Priority Access Service (PAS). This appendix is 
intended to be read in conjunction with regulations and procedures 
that the Executive Office of the President issues:
    (1) To implement responsibilities assigned in section 3 of this 
appendix, or
    (2) For use in the event this appendix is superseded by the 
President's emergency war powers. Together, this appendix and the 
regulations and procedures issued by the Executive Office of the 
President establish one uniform system of priority access service 
both before and after invocation of the President's emergency war 
powers.

2. Background

    a. Purpose. This appendix establishes regulatory authorization 
for PAS to support the needs of NSEP CMRS users.
    b. Applicability. This appendix applies to the provision of PAS 
by CMRS licensees to users who qualify under the provisions of 
section 5 of this appendix.
    c. Description. PAS provides the means for NSEP 
telecommunications users to obtain priority access to available 
radio channels when necessary to initiate emergency calls. It does 
not preempt calls in progress and is to be used during situations 
when CMRS network congestion is blocking NSEP call attempts. PAS is 
to be available to authorized NSEP users at all times in equipped 
CMRS markets where the service provider has voluntarily decided to 
provide such service. Authorized users would activate the feature on 
a per call basis by dialing a feature code such as *XX. PAS 
priorities 1 through 5 are reserved for qualified and authorized 
NSEP users, and those users are provided access to CMRS channels 
before any other CMRS callers.
    d. Definitions. As used in this appendix:
    1. Authorizing agent refers to a Federal or State entity that 
authenticates, evaluates and makes recommendations to the Executive 
Office of the President regarding the assignment of priority access 
service levels.
    2. Service provider means an FCC-licensed CMRS provider. The 
term does not include

[[Page 48397]]

agents of the licensed CMRS provider or resellers of CMRS service.
    3. Service user means an individual or organization (including a 
service provider) to whom or which a priority access assignment has 
been made.
    4. The following terms have the same meaning as in Appendix A to 
Part 64:
    (a) Assignment;
    (b) Government;
    (c) National Communications System;
    (d) National Coordinating Center;
    (e) National Security Emergency Preparedness (NSEP) 
Telecommunications Services (excluding the last sentence);
    (f) Reconciliation;
    (g) Revalidation;
    (h) Revision;
    (i) Revocation.
    e. Administration. The Executive Office of the President will 
administer PAS.

3. Responsibilities

    a. The Federal Communications Commission will provide regulatory 
oversight of the implementation of PAS, enforce PAS rules and 
regulations, and act as final authority for approval, revision, or 
disapproval of priority assignments by the Executive Office of the 
President by adjudicating disputes regarding either priority 
assignments or the denial thereof by the Executive Office of the 
President until superseded by the President's war emergency powers 
under Section 706 of the Communications Act.
    b. The Executive Office of the President (EOP) will administer 
the PAS system. It will:
    1. Act as the final approval or denial authority for the 
assignment of priorities and the adjudicator of disputes during the 
exercise of the President's war emergency powers under section 706 
of the Communications Act.
    2. Receive, process, and evaluate requests for priority actions 
from authorizing agents on behalf of service users or directly from 
service users. Assign priorities or deny requests for priority using 
the priorities and criteria specified in section 5 of this appendix. 
Actions on such requests should be completed within 30 days of 
receipt.
    3. Convey priority assignments to the service provider and the 
authorizing agent.
    4. Revise, revalidate, reconcile, and revoke priority level 
assignments with service users and service providers as necessary to 
maintain the viability of the PAS system.
    5. Maintain a database for PAS related information.
    6. Issue new or revised regulations, procedures, and 
instructional material supplemental to and consistent with this 
appendix regarding the operation, administration, and use of PAS.
    7. Provide training on PAS to affected entities and individuals.
    8. Enlarge the role of the Telecommunications Service Priority 
System Oversight Committee to include oversight of the PAS system.
    9. Report periodically to the FCC on the status of PAS.
    10. Disclose content of the NSEP PAS database only as may be 
required by law.
    c. An Authorizing agent shall:
    1. Identify itself as an authorizing agent and its community of 
interest (State, Federal Agency) to the EOP. State Authorizing 
Agents will provide a central point of contact to receive priority 
requests from users within their state. Federal Authorizing Agents 
will provide a central point of contact to receive priority requests 
from federal users or federally sponsored entities.
    2. Authenticate, evaluate, and make recommendations to the EOP 
to approve priority level assignment requests using the priorities 
and criteria specified in section 5 of this appendix. As a guide, 
PAS authorizing agents should request the lowest priority level that 
is applicable and the minimum number of CMRS services required to 
support an NSEP function. When appropriate, the authorizing agent 
will recommend approval or deny requests for PAS.
    3. Ensure that documentation is complete and accurate before 
forwarding it to the EOP.
    4. Serve as a conduit for forwarding PAS information from the 
EOP to the service user and vice versa. Information will include PAS 
requests and assignments, reconciliation and revalidation 
notifications, and other information.
    5. Participate in reconciliation and revalidation of PAS 
information at the request of the EOP.
    6. Comply with any regulations and procedures supplemental to 
and consistent with this appendix that are issued by the EOP.
    7. Disclose content of the NSEP PAS database only to those 
having a need-to-know.
    d. Service users will:
    1. Determine the need for and request PAS assignments in a 
planned process, not waiting until an emergency has occurred.
    2. Request PAS assignments for the lowest applicable priority 
level and minimum number of CMRS services necessary to provide NSEP 
telecommunications management and response functions during 
emergency/disaster situations.
    3. Initiate PAS requests through the appropriate authorizing 
agent. The EOP will make final approval or denial of PAS requests 
and may direct service providers to remove PAS if appropriate. 
(Note: State and local government or private users will apply for 
PAS through their designated State government authorizing agent. 
Federal users will apply for PAS through their employing agency. 
State and local users in states where there has been no designation 
will be sponsored by the Federal agency concerned with the emergency 
function as set forth in Executive Order 12656. If no authorizing 
agent is determined using these criteria, the EOP will serve as the 
authorizing agent.)
    4. Submit all correspondence regarding PAS to the authorizing 
agent.
    5. Invoke PAS only when CMRS congestion blocks network access 
and the user must establish communications to fulfill an NSEP 
mission. Calls should be as brief as possible so as to afford CMRS 
service to other NSEP users.
    6. Participate in reconciliation and revalidation of PAS 
information at the request of the authorizing agent or the EOP.
    7. Request discontinuance of PAS when the NSEP qualifying 
criteria used to obtain PAS is no longer applicable.
    8. Pay service providers as billed for PAS.
    9. Comply with regulations and procedures that are issued by the 
EOP which are supplemental to and consistent with this appendix.
    e. Service providers who offer any form of priority access 
service for NSEP purposes shall provide that service in accordance 
with this appendix. As currently described in the Priority Access 
and Channel Assignment Standard (IS-53-A), service providers will:
    1. Provide PAS levels 1, 2, 3, 4, or 5 only upon receipt of an 
authorization from the EOP and remove PAS for specific users at the 
direction of the EOP.
    2. Ensure that PAS system priorities supersede any other NSEP 
priority which may be provided.
    3. Designate a point of contact to coordinate with the EOP 
regarding PAS.
    4. Participate in reconciliation and revalidation of PAS 
information at the request of the EOP.
    5. As technically and economically feasible, provide roaming 
service users the same grade of PAS provided to local service users.
    6. Disclose content of the NSEP PAS database only to those 
having a need-to-know or who will not use the information for 
economic advantage.
    7. Comply with regulations and procedures supplemental to and 
consistent with this appendix that are issued by the EOP.
    8. Insure that at all times a reasonable amount of CMRS spectrum 
is made available for public use.
    9. Notify the EOP and the service user if PAS is to be 
discontinued as a service.
    f. The Telecommunications Service Priority Oversight Committee 
will identify and review any systemic problems associated with the 
PAS system and recommend actions to correct them or prevent their 
recurrence.

4. Appeal

    Service users and authorizing agents may appeal any priority 
level assignment, denial, revision or revocation to the EOP within 
30 days of notification to the service user. The EOP will act on the 
appeal within 90 days of receipt. If a dispute still exists, an 
appeal may then be made to the FCC within 30 days of notification of 
the EOP's decision. The party filing the appeal must include factual 
details supporting its claim and must provide a copy of the appeal 
to the EOP and any other party directly involved. Involved parties 
may file a response to the appeal made to the FCC within 20 days, 
and the initial filing party may file a reply within 10 days 
thereafter. The FCC will provide notice of its decision to the 
parties of record. Until a decision is made, the service will remain 
status quo.

5. PAS Priority Levels and Qualifying Criteria

    The following PAS priority levels and qualifying criteria apply 
equally to all users and will be used as a basis for all PAS 
assignments. There are five levels of NSEP priorities, priority one 
being the highest. The five priority levels are:

[[Page 48398]]

    1. Executive Leadership and Policy Makers
    2. Disaster Response/Military Command and Control
    3. Public Health, Safety and Law Enforcement Command
    4. Public Services/Utilities and Public Welfare
    5. Disaster Recovery
    These priority levels were selected to meet the needs of the 
emergency response community and provide priority access for the 
command and control functions critical to management of and response 
to national security and emergency situations, particularly during 
the first 24 to 72 hours following an event. Priority assignments 
should only be requested for key personnel and those individuals in 
national security and emergency response leadership positions. PAS 
is not intended for use by all emergency service personnel.

A. Priority 1: Executive Leadership and Policy Makers.

    Users who qualify for the Executive Leadership and Policy Makers 
priority will be assigned priority one. A limited number of CMRS 
technicians who are essential to restoring the CMRS networks shall 
also receive this highest priority treatment. Examples of those 
eligible include:
    (i) The President of the United States, the Secretary of 
Defense, selected military leaders, and the minimum number of senior 
staff necessary to support these officials;
    (ii) State governors, lieutenant governors, cabinet-level 
officials responsible for public safety and health, and the minimum 
number of senior staff necessary to support these officials; and
    (iii) Mayors, county commissioners, and the minimum number of 
senior staff to support these officials.

B. Priority 2: Disaster Response/Military Command and Control

    Users who qualify for the Disaster Response/Military Command and 
Control priority will be assigned priority two. Individuals eligible 
for this priority include personnel key to managing the initial 
response to an emergency at the local, state, regional and federal 
levels. Personnel selected for this priority should be responsible 
for ensuring the viability or reconstruction of the basic 
infrastructure in an emergency area. In addition, personnel 
essential to continuity of government and national security 
functions (such as the conduct of international affairs and 
intelligence activities) are also included in this priority. 
Examples of those eligible include:
    (i) Federal emergency operations center coordinators, e.g., 
Manager, National Coordinating Center for Telecommunications, 
National Interagency Fire Center, Federal Coordinating Officer, 
Federal Emergency Communications Coordinator, Director of Military 
Support;
    (ii) State emergency Services director, National Guard 
Leadership, State and Federal Damage Assessment Team Leaders;
    (iii) Federal, state and local personnel with continuity of 
government responsibilities;
    (iv) Incident Command Center Managers, local emergency managers, 
other state and local elected public safety officials; and
    (v) Federal personnel with intelligence and diplomatic 
responsibilities.

C. Priority 3: Public Health, Safety, and Law Enforcement Command

    Users who qualify for the Public Health, Safety, and Law 
Enforcement Command priority will be assigned priority three. 
Eligible for this priority are individuals who direct operations 
critical to life, property, and maintenance of law and order 
immediately following an event. Examples of those eligible include:
    (i) Federal law enforcement command;
    (ii) State police leadership;
    (iii) Local fire and law enforcement command;
    (iv) Emergency medical service leaders;
    (v) Search and rescue team leaders; and
    (vi) Emergency communications coordinators.

D. Priority 4: Public Services/Utilities and Public Welfare

    Users who qualify for the Public Services/Utilities and Public 
Welfare priority will be assigned priority four. Eligible for this 
priority are those users whose responsibilities include managing 
public works and utility infrastructure damage assessment and 
restoration efforts and transportation to accomplish emergency 
response activities. Examples of those eligible include:
    (i) Army Corps of Engineers leadership;
    (ii) Power, water and sewage and telecommunications utilities; 
and
    (iii) Transportation leadership.

E. Priority 5: Disaster Recovery

    Users who qualify for the Disaster Recovery priority will be 
assigned priority five. Eligible for this priority are those 
individuals responsible for managing a variety of recovery 
operations after the initial response has been accomplished. These 
functions may include managing medical resources such as supplies, 
personnel, or patients in medical facilities. Other activities such 
as coordination to establish and stock shelters, to obtain detailed 
damage assessments, or to support key disaster field office 
personnel may be included. Examples of those eligible include:
    (i) Medical recovery operations leadership;
    (ii) Detailed damage assessment leadership;
    (iii) Disaster shelter coordination and management; and
    (iv) Critical Disaster Field Office support personnel.

6. Limitations

    PAS will be assigned only to the minimum number of CMRS services 
required to support an NSEP function. The Executive Office of the 
President may also establish limitations upon the relative numbers 
of services that may be assigned PAS or the total number of PAS 
users in a serving area. These limitations will not take precedence 
over laws or executive orders. Limitations established shall not be 
exceeded.

[FR Doc. 00-19945 Filed 8-7-00; 8:45 am]
BILLING CODE 6712-01-P