[Federal Register Volume 69, Number 103 (Thursday, May 27, 2004)]
[Rules and Regulations]
[Pages 30232-30234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11918]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 11

[FCC 03-167]


Reorganization of the Enforcement Bureau and Establishment of the 
Office of Homeland Security

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission is revising its rules to promote more efficient 
and effective organizational structure and to promote homeland 
security. Specifically, the Commission is revising its rules to reflect 
the creation of the Office of Homeland Security within the Enforcement 
Bureau, describe the Office's functions and delegated authority, and 
make other conforming changes. The Commission is also revising its 
rules to clarify how an Emergency Relocation Board will operate during 
times of emergency under the Commission's Continuity of Operations Plan 
(COOP) and setting out the line of succession to chair the Board when 
no Commissioner is available to serve on the Board.

DATES: These rule changes became effective on July 8, 2003.

FOR FURTHER INFORMATION CONTACT: Sharlene Lofty, Enforcement Bureau, 
Office of Homeland Security, at (202) 418-2761, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: On July 8, 2003, the Commission adopted an 
Order (FCC 03-167) revising its rules to reflect the reorganization of 
the Enforcement Bureau. Commissioner Copps issued a separate statement 
when this action was taken. In order to promote a more efficient and 
effective organizational structure and to promote homeland security, 
the Commission created the Office of Homeland Security within the 
Enforcement Bureau. The Commission revised its rules to reflect the 
creation of the Office of Homeland Security, describe its functions and 
delegated authority, and make other conforming changes. Additionally, 
the Commission revised its rules to clarify the functions of an 
Emergency Relocation Board during times of emergency under the 
Commission's COOP and the line of succession to chair the Board.
    Authority for the adoption of the foregoing revisions is contained 
in sections 4(i), 4(j), 5(b), 5(c), and 303(r) of the Communications 
Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 155(b), and 303(r).
    The amendments adopted herein pertain to agency organization,

[[Page 30233]]

procedure and practice. Consequently, the notice and comment provision 
of the Administrative Procedure Act contained in 5 U.S.C. 553(b) is 
inapplicable.
    The Commission will not send a copy of this Order to the U.S. 
General Accounting Office pursuant to the Congressional Review Act, see 
5 U.S.C. 801(a)(1)(A), because it concerns rules of agency 
organization, procedure, or practice that do not ``substantially affect 
the rights or obligations of non-agency parties.'' This Order does not 
contain proposed information collection requirements subject to the 
Paperwork Reduction Act of 1995, Pub. L. 104-13. Therefore it does not 
contain any proposed information collection burden ``for small business 
concerns with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Pub. L. 107-198, see 44 U.S.C. 
3506(c)(4).
    Accordingly, it is ordered that parts 0 and 11 of the Commission's 
Rules, set forth in Title 47 of the Code of Federal Regulations, are 
amended as set forth in the rule changes.

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies), Reporting and 
recordkeeping requirements.

47 CFR Part 11

    Cable television, Instructional television fixed services, 
Multipoint distribution systems, Radio, Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 0 and 11 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155

0
2. Section 0.11 is amended by adding paragraph (a)(11) to read as 
follows:


Sec.  0.11  Functions of the Office.

    (a) * * *
    (11) Develop and maintain the Commission's Continuity of Operations 
Plan (COOP).
* * * * *
0
3. Section 0.111 is amended by revising paragraphs (a)(22) and (c) to 
read as follows:


Sec.  0.111  Functions of the Bureau.

    (a) * * *
    (22) Advise the Commission or responsible Bureau or Office 
regarding the enforcement and homeland security implications of 
existing and proposed rules.
* * * * *
    (c) Under the general direction of the Defense Commissioner, 
coordinate the homeland security activities of the Commission, 
including national security and emergency preparedness and defense 
mobilization, and provide support to the Defense Commissioner with 
respect to his or her participation in the Joint Telecommunications 
Resources Board, and the National Security Telecommunications Advisory 
Committee and other organizations. Recommend national emergency plans 
and preparedness programs covering Commission functions during national 
emergency conditions. Support the Chief of the Wireline Competition, 
International and Wireless Telecommunications Bureaus on matters 
involving assignment of Telecommunications Service Priority System 
priorities and in administration of that system. The Chief, Enforcement 
Bureau, or that person's designee, acts as FCC Alternate Homeland 
Security and Defense Coordinator and principal to the National 
Communications System. Perform such alternate functions as may be 
delegated during a national emergency or following activation of the 
President's war emergency powers as specified in section 706 of the 
Communications Act.
* * * * *

0
4. Section 0.181 is amended by revising the undesignated center 
heading, the undesignated introductory paragraph and paragraphs (a), 
(b), (c), (e) and (f) to read as follows:

Homeland Security, Defense, and Emergency Preparedness Functions


Sec.  0.181  The Defense Commissioner.

    The Defense Commissioner is designated by the Commission. The 
Defense Commissioner directs the homeland security, national security 
and emergency preparedness, and defense activities of the Commission 
and has the following duties and responsibilities:
    (a) To keep the Commission informed as to significant developments 
in the field of homeland security, emergency preparedness, defense, and 
any related activities that involve formulation or revision of 
Commission policy in any area of responsibility of the Commission.
    (b) To represent the Commission in homeland security, national 
security and emergency preparedness, and defense matters requiring 
conferences or communications with other governmental officers, 
departments, or agencies.
    (c) To act as the Homeland Security and Defense Coordinator in 
representations with other agencies with respect to planning for the 
continuity of the essential functions of the Commission under emergency 
conditions.
* * * * *
    (e) To serve as the principal point of contact for the Commission 
on all matters pertaining to the Department of Homeland Security.
    (f) To take such measures as will assure continuity of the 
Commission's functions under any foreseeable circumstances with a 
minimum of interruption. In the event of an emergency, the Defense 
Commissioner, in consultation with the Managing Director, will decide 
whether to activate the Commission's Continuity of Operations Plan.
* * * * *

0
5. Section 0.182 is amended by revising paragraphs (b), (c), (d), (e), 
and (f) to read as follows:


Sec.  0.182  Chief, Enforcement Bureau.

* * * * *
    (b) In coordination with the Office of Managing Director, which has 
responsibility for developing the Commission's Continuity of Operations 
Plan (COOP), acts as Alternate Homeland Security and Defense 
Coordinator in representations with other agencies with respect to 
planning for the continuity of the essential functions of the 
Commission under emergency conditions.
    (c) Keeps the Defense Commissioner informed as to significant 
developments in the field of homeland security.
    (d) Serves as the FCC's representative on the National 
Communications System's Committees.
    (e) Under the general direction of the Defense Commissioner 
coordinates the homeland security, national security and emergency 
preparedness, and defense activities of the Commission, including, 
Continuity of Government Planning, the Emergency Alert System (EAS) and 
other functions as may be delegated during a national emergency or 
activation of the President's war emergency powers as specified in 
section 706 of the Communications Act. Maintains liaison with FCC 
Bureaus/Offices; represents the Defense Commissioner with other 
Government

[[Page 30234]]

agencies and organizations, the telecommunications industry and FCC 
licensees on homeland security matters; and, as requested, represents 
the Commission at meetings and conferences.
    (f) Is authorized to declare that a temporary state of 
communications emergency exists pursuant to Sec.  97.401(b) of this 
chapter and to act on behalf of the Commission with respect to the 
operation of amateur stations during such temporary state of 
communications emergency.
* * * * *

0
6. Section 0.185 is amended by revising the undesignated introductory 
paragraph and paragraphs (a) and (d), and by adding paragraph (e) to 
read as follows:


Sec.  0.185  Responsibilities of the bureaus and staff offices.

    The head of each of the bureaus and staff offices, in rendering 
assistance to the Chief, Enforcement Bureau in the performance of that 
person's duties with respect to homeland security, national security 
and emergency preparedness, and defense activities will have the 
following duties and responsibilities:
    (a) To keep the Chief, Enforcement Bureau informed of the 
investigation, progress, and completion of programs, plans, or 
activities with respect to homeland security, national security and 
emergency preparedness, and defense in which they are engaged or have 
been requested to engage.
* * * * *
    (d) To perform such other duties related to the Commission's 
homeland security, national security and emergency preparedness, and 
defense activities as may be assigned to them by the Commission.
    (e) To serve as Homeland Security Liaison to the Enforcement Bureau 
or designate the Deputy Chief of the Bureau or Office as Homeland 
Security Liaison to the Enforcement Bureau.

0
7. Section 0.186 is revised to read as follows:


Sec.  0.186  Emergency Relocation Board.

    (a) As specified in the Commission's Continuity of Operations Plan 
and consistent with the exercise of the War Emergency Powers of the 
President as set forth in section 706 of the Communications Act of 
1934, as amended, if the full Commission or a quorum thereof is unable 
to act, an Emergency Relocation Board will be convened at the 
Commission's Headquarters or other relocation site designated to serve 
as Primary FCC Staff to perform the functions of the Commission. 
Relocation may be required to accommodate a variety of emergency 
scenarios. Examples include scenarios in which FCC headquarters is 
unavailable or uninhabitable; or many, if not all, agencies must 
evacuate the immediate Washington, DC, area. The FCC's Continuity of 
Operations Plan (COOP) includes the deliberate and pre-planned movement 
of selected key principals and supporting staff to a relocation 
facility. As an example, a sudden emergency, such as a fire or 
hazardous materials incident, may require the evacuation of FCC 
headquarters with little or no advance notice, but for only a short 
duration. Alternatively, an emergency so severe that FCC headquarters 
is rendered unusable and likely will be for a period long enough to 
significantly impact normal operations, may require COOP 
implementation. Nothing in this subsection shall be construed to 
diminish the authority of the Commission or its staff to perform 
functions of the Commission at the Commission's headquarters or other 
relocation site using existing authority provided for elsewhere in this 
Chapter.
    (b) The Board shall comprise such Commissioners as may be present 
(including Commissioners available through electronic communications or 
telephone) and able to act. In the absence of the Chairman, the 
Commissioner present with the longest seniority in office will serve as 
acting Chairman. If no Commissioner is present and able to act, the 
person designated as next most senior official in the Commission's 
Continuity of Operations Plan will head the Board.

0
8. Section 0.381 is revised to read as follows:


Sec.  0.381  Defense Commissioner.

    The authority delegated to the Commission under Executive Orders 
12472 and 12656 is redelegated to the Defense Commissioner.

0
9. Section 0.387 is amended by revising paragraph (b) to read as 
follows:


Sec.  0.387  Other national security and emergency preparedness 
delegations; cross reference.

* * * * *
    (b) For authority of the Chief of the Enforcement Bureau to declare 
a general communications emergency, see Sec.  0.182(f).

PART 11--EMERGENCY ALERT SYSTEM (EAS)

0
10. The authority citation for Part 11 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and 
606.


0
11. Section 11.21 is amended by revising the undesignated introductory 
paragraph to read as follows:


Sec.  11.21  State and Local Area Plans and FCC Mapbook.

    EAS plans contain guidelines which must be followed by broadcast 
and cable personnel, emergency officials and National Weather Service 
(NWS) personnel to activate the EAS. The plans include the EAS header 
codes and messages that will be transmitted by key EAS sources (NP, LP, 
SP and SR). State and local plans contain unique methods of EAS message 
distribution such as the use of RBDS. The plans must be reviewed and 
approved by the Director, Office of Homeland Security, Enforcement 
Bureau, prior to implementation to ensure that they are consistent with 
national plans, FCC regulations, and EAS operation.
* * * * *

0
12. Section 11.43 is revised to read as follows:


Sec.  11.43  National level participation.

    Entities that wish to voluntarily participate in the national level 
EAS may submit a written request to the Director, Office of Homeland 
Security, Enforcement Bureau.

0
13. Section 11.47 is amended by revising paragraph (b) to read as 
follows:


Sec.  11.47  Optional use of other communications methods and systems.

* * * * *
    (b) Other technologies and public service providers, such as DBS, 
low earth orbiting satellites, etc., that wish to participate in the 
EAS may contact the FCC's Office of Homeland Security, Enforcement 
Bureau, or their State Emergency Communications Committee for 
information and guidance.

[FR Doc. 04-11918 Filed 5-26-04; 8:45 am]
BILLING CODE 6712-01-P