[Federal Register: May 27, 2004 (Volume 69, Number 103)]
[Rules and Regulations]
[Page 30232-30234]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my04-18]
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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.
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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
sharlene.lofty@fcc.gov.
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
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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