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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
Reorganization of the )
Enforcement Bureau and )
Establishment of the )
Office of Homeland Security )
ORDER
Adopted: July 8, 2003 Released: July
10, 2003
By the Commission: Commissioner Copps issuing a separate
statement.
1. To promote more efficient and effective
organizational structure and to promote homeland
security, the Commission has concluded that the proper
dispatch of its business and public interest will best
be served by establishing an Office of Homeland
Security within the Enforcement Bureau. In this Order,
we amend the Commission's rules to reflect the creation
of the Office of Homeland Security, describe its
functions and delegated authority, and make other
conforming changes. The Order also amends the
Commission's rules to clarify how an Emergency
Relocation Board will operate during times of emergency
under the Commission's Continuity of Operations Plan
and to set out the line of succession to chair the
Board when no Commissioner is available to serve on the
Board.
2. Authority for the adoption of the foregoing
revision 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).
3. The amendments adopted herein pertain to agency
organization, procedure and practice. Consequently,
the notice and comment provision of the Administrative
Procedure Act contained in 5 U.S.C. § 553(b) is
inapplicable.
4. ACCORDINGLY, IT IS ORDERED that effective this
date, 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 Appendix attached to
this Order.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H.
Dortch
Secretary Attachment A
Parts 0 and 11 of Title 47 of the Code of Federal
Regulations are amended as follows:
PART 0 - COMMISSION ORGANIZATION
1. Section 0.11 is amended by adding new paragraph
(a)(11) to read as follows:
Office of Managing Director
§ 0.11 Functions of the Office.
(11) Develop and maintain the Commission's Continuity of
Operations Plan (COOP).
2. Sections 0.111(a)(21) and 0.111(c) are amended to
read as follows:
Enforcement Bureau
§ 0.111 Functions of the Bureau.
(a) Serve as the primary Commission entity responsible for
enforcement of the Communications Act and other
communications statutes, the Commission's rules, Commission
orders and Commission authorizations, other than matters
that are addressed in the context of a pending application
for a license or other authorization or in the context of
administration, including post-grant administration, of a
licensing or other authorization or registration program.
* * * * *
(21) 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.
3. Section 0.181 is amended by revising the title,
introductory paragraph and paragraphs (a), (b), (c),
(e) and (f) to read as follows:
Homeland Security, Defense, and Emergency Preparedness
Functions
§ 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.
4. Section 0.182 is amended by deleting paragraphs
(c), (d) and (f); reordering the remaining paragraphs,
and revising paragraphs (b) through (f) to read as
follows:
§ 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 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 § 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.
5. Section 0.185 is amended by revising the
introductory paragraph, revising paragraphs (a) and
(d), and adding new paragraph (e) to read as follows:
§ 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.
6.Section 0.186 is amended to read as follows:
§ 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, D.C., 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.
7.Section 0.381 is amended by revision of the referenced
Executive Orders to read as follows:
National Security and Emergency Preparedness Delegations
§ 0.381 Defense Commissioner.
The authority delegated to the Commission under Executive
Orders 12472 and 12656 is redelegated to the Defense
Commissioner.
8.Section 0.387 is amended by revision of the reference
to Section 0.182 to read as follows:
§ 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 § 0.182(f).
PART 11 -- EMERGENCY ALERT SYSTEM (EAS)
9.Section 11.21 is amended to read as follows:
§ 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.
10. Section 11.43 is amended to read as follows:
§ 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.
11. Section 11.47(b) is amended to read as follows:
§ 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.
Separate Statement of
Commissioner Michael J. Copps
Re: Reorganization of the Enforcement Bureau and
Establishment of Office of Homeland Security.
I will support this item in the hope and expectation
that homeland security will have the high priority it
deserves at the Commission. I have said repeatedly since
September 11, 2001 that the Commission has no higher
priority than our obligation to ensure the viability and
security of the nation's communications infrastructure. The
statute under which we exist makes this perfectly clear.
I frankly worry that, as we as a nation move further
away from 9/11, we have a tendency to let our guard down, to
go back to business-as-usual, to lose our sense of urgency.
This Commission must never lose its focus in discharging our
homeland security obligations. When terror strikes our
shores again, I want this Commission to be able to
demonstrate that it has done everything it could to preserve
and enhance our communications security and that we served
no higher priority.
Organizational and bureaucratic changes can help in
this effort - or, they can hurt. They can help if the
priority remains heightened and the leadership is
aggressive. It can hurt if this effort becomes just one
among many important priorities of the agency, if the Office
of Homeland Security becomes just one division among several
in one bureau, or if the effort becomes one office's job
rather than every office's job. Today's decision by itself
guarantees no outcome. I will be watching closely, and
working wherever I can, to see that this decision does
indeed enhance our effort and that homeland security remains
a second-to-none priority at this agency.