Executive Order 11092—Assigning Emergency Preparedness Functions to the Federal Communications Commission

By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), and by section 606 of the Communications Act of 1934, as amended (47 U.S.C. 606), it is hereby ordered as follows:

SECTION 1. Scope. The Federal Communications Commission (hereinafter referred to as the Commission) shall, subject to the policy guidance of the Director of the Office of Emergency Planning, prepare national emergency plans and develop preparedness programs covering provisions of service by common carriers, broadcasting facilities, and the safety and special radio services; assignment of radio frequencies to Commission licensees; and the protection, reduction of vulnerability, maintenance, and restoration of facilities operated by its licensees in an emergency. These plans and programs shall be designed to develop a state of readiness in these areas with respect to all conditions of national emergency, including attack upon the United States, and will take into account the possibility of Government preference or priority with common carriers or of exclusive Government use or control of communications services or facilities, when authorized by law.

SEC. 2. Definitions. As used in this order:

(a) "Common carrier" means any person subject to Commission regulation engaged in providing, for use by the public, for hire, interstate or foreign communication facilities or services by wire or radio; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.

(b) "Broadcasting facilities" means those stations licensed by the Commission for the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.

(c) "Safety and special radio services" includes those non-broad-cast and non-common carrier services which are licensed by the Commission under the generic designation "safety and special radio services" pursuant to the Commission's Rules and Regulations.

SEC 3. Functions. The Commission shall develop plans and procedures, in consonance with national telecommunications plans and policies, covering:

(a) Common carrier service. (1) Extension, discontinuance, or reduction of common carrier facilities or services, and issuance of appropriate authorizations for such facilities, services and personnel in an emergency; and control of all rates, charges, practices, classifications, and regulations for service to Government and non-Government users during an emergency, in consonance with national economic stabilization policies.

(2) Development and administration of priority systems for public correspondence and for the use and resumption of leased inter-city private line service in an emergency.

(3) Use of common carrier facilities and services to overseas points to meet vital needs in an emergency.

(b) Broadcasting service. Construction activation, or deactivation of broadcasting facilities and services, the continuation or suspension of broadcasting services and facilities, and issuance of appropriate authorizations for such facilities, services, and personnel in an emergency.

(c) Safety and special radio services. Authorization, operation and use of safety and special radio services, facilities and personnel in the national interest in an emergency.

(d) Radio frequency assignment. Assignment. of radio frequencies to, and their use by, Commission licensees in an emergency.

(e) Resource data. Provision of assistance and data with respect to facilities operated by Commission licensees for national resource evaluation purposes of the Office of Emergency Planning.

(f) Electromagnetic radiation. Control of radio stations in emergency, except for those belonging to, or operated by, any department or agency of the United States Government.

(g) Investigation and enforcement. Investigation of violations of pertinent law and regulations in an emergency and development of procedures designated to initiate, recommend, or otherwise bring about appropriate enforcement actions required in the interest of national security.

(h) Financial aid. Provision of financial, credit, or other assistance to common carriers and Commission licensees who might need such assistance in various conditions of mobilization, particularly those resulting from attack..

(i) Conservation, salvage and rehabilitation. Stimulation of the development, by common carriers and by licensees, of standby plans for the conservation and salvage of supplies and equipment and the rehabilitation, restoration, or replacement of essential communication facilities after an attack.

(j) Claimancy. Preparation to claim materials, manpower, equipment, supplies, and services needed in support of the common carriers and Commission licensees from the appropriate resource agencies, and work with such agencies in developing programs to insure availability of such resources in an emergency.

SEC 4. Cooperation with Department of Defense. In consonance with national civil defense plans, programs, and operations of the Department of Defense under Executive Order No. 10952, the Commission shall:

(a) Facilities protection. Provide advice and guidance to achieve such industry protection as is necessary to maintain the integrity of the facilities and services provided by common carriers and radio station licensees, and promote a national program to stimulate disaster preparedness and damage control. The guidance developed by the Commission shall include, but not, be limited to, organizing and training facility employees, personnel shelter, evacuation and relocation plans, records protection, continuity of management, security, emergency repair and recovery of facilities, deconcentration and dispersal of facilities, and mutual aid associations for emergency.

(b) Damage assessment. Maintain a capability to assess the effects of attack on communication facilities and services subject to Commission regulation which are essential in a national emergency and to provide data to the Department of Defense.

SEC. 5. Research. Foster or conduct research in areas directly concerned with the Commission's emergency preparedness responsibilities.

SEC. 6. Functional Guidance. The Commission, in carrying out the functions assigned in this order, shall be guided by the following:

(a) Interagency cooperation. The Commission shall assume the initiative in developing plans for the performance of the emergency functions outlined above, consulting with other departments and agencies as appropriate. Such plans shall be in consonance with plans for the mobilization of the nation's telecommunications resources developed pursuant to Executive Order No. 10705, Executive Order No. 10995 and Executive Order No. 11051.

(b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for the performance of functions under this order and in coordinating the performance of such functions with the total national preparedness program.

(c) Emergency planning. Emergency plans and programs, and emergency organization structure required thereby, shall be developed as an integral part of the continuing activities of the Commission on the basis that it will have the responsibility for carrying out such programs during an emergency. The Commission shall be prepared to implement all appropriate plans developed under this order. Modifications and temporary organizational changes, based on emergency conditions, will be in accordance with policy determinations by the President.

SEC. 7. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program, or course of action prepared or developed pursuant to this order.

SEC 8. Redelegation. The Commission is hereby authorized to reassign, within the Commission and its staff, the functions herein-above assigned to it.

SEC. 9. Prior Actions. Nothing in this order shall derogate from the provisions of Executive Order No. 10705, Executive Order No. 10995 or Executive Order No. 11051. Any order with respect to telecommunications, issued pursuant to authority conferred by those orders or orders which they revised or superseded, shall, except as it is inconsistent herewith, continue in full force and effect until amended, modified, or terminated by appropriate authority. To the extent that there may be any inconsistency between the provisions of any other prior Executive order and the provisions of this order, this order shall control.

JOHN F. KENNEDY

THE WHITE HOUSE,

February 26, 1963