§  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.

   [ 69 FR 30234 , May 27, 2004]

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