[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]




47 CFR Parts 211 and 213

Emergency Restoration Priority Procedures for Telecommunications 

AGENCIES: Office of Science and Technology Policy and National Security 

ACTION: Notice of proposed rulemaking (NPRM).


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timely as it has been superseded by National Communications System 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.


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]