§  64.5111   Notification of customer proprietary network information
security breaches.

   (a) A TRS provider shall notify law enforcement of a breach of its
   customers' CPNI as provided in this section. The TRS provider shall not
   notify its customers or disclose the breach publicly, whether
   voluntarily or under state or local law or these rules, until it has
   completed the process of notifying law enforcement pursuant to
   paragraph (b) of this section. The TRS provider shall file a copy of
   the notification with the Disability Rights Office of the Consumer and
   Governmental Affairs Bureau at the same time as when the TRS provider
   notifies the customers.

   (b) As soon as practicable, and in no event later than seven (7)
   business days, after reasonable determination of the breach, the TRS
   provider shall electronically notify the United States Secret Service
   (USSS) and the Federal Bureau of Investigation (FBI) through a central
   reporting facility. The Commission will maintain a link to the
   reporting facility at http://www.fcc.gov/eb/cpni .

   (1) Notwithstanding any state law to the contrary, the TRS provider
   shall not notify customers or disclose the breach to the public until 7
   full business days have passed after notification to the USSS and the
   FBI except as provided in paragraphs (b)(2) and (3) of this section.

   (2) If the TRS provider believes that there is an extraordinarily
   urgent need to notify any class of affected customers sooner than
   otherwise allowed under paragraph (b)(1) of this section, in order to
   avoid immediate and irreparable harm, it shall so indicate in its
   notification and may proceed to immediately notify its affected
   customers only after consultation with the relevant investigating
   agency. The TRS provider shall cooperate with the relevant
   investigating agency's request to minimize any adverse effects of such
   customer notification.

   (3) If the relevant investigating agency determines that public
   disclosure or notice to customers would impede or compromise an ongoing
   or potential criminal investigation or national security, such agency
   may direct the TRS provider not to so disclose or notify for an initial
   period of up to 30 days. Such period may be extended by the agency as
   reasonably necessary in the judgment of the agency. If such direction
   is given, the agency shall notify the TRS provider when it appears that
   public disclosure or notice to affected customers will no longer impede
   or compromise a criminal investigation or national security. The agency
   shall provide in writing its initial direction to the TRS provider, any
   subsequent extension, and any notification that notice will no longer
   impede or compromise a criminal investigation or national security and
   such writings shall be contemporaneously logged on the same reporting
   facility that contains records of notifications filed by TRS providers.

   (c) Customer notification. After a TRS provider has completed the
   process of notifying law enforcement pursuant to paragraph (b) of this
   section, and consistent with the waiting requirements specified in
   paragraph (b) of this section, the TRS provider shall notify its
   customers of a breach of those customers' CPNI.

   (d) Recordkeeping. All TRS providers shall maintain a record,
   electronically or in some other manner, of any breaches discovered,
   notifications made to the USSS and the FBI pursuant to paragraph (b) of
   this section, and notifications made to customers. The record must
   include, if available, dates of discovery and notification, a detailed
   description of the CPNI that was the subject of the breach, and the
   circumstances of the breach. TRS providers shall retain the record for
   a minimum of 2 years.

   (e) Definition. As used in this section, a "breach" has occurred when a
   person, without authorization or exceeding authorization, has
   intentionally gained access to, used, or disclosed CPNI.

   (f) This section does not supersede any statute, regulation, order, or
   interpretation in any State, except to the extent that such statute,
   regulation, order, or interpretation is inconsistent with the
   provisions of this section, and then only to the extent of the
   inconsistency.

   Effective Date Note: At  78 FR 40613 , July 5, 2013, §  64.5111 was
   added. This section contain information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.

   return arrow Back to Top

Appendix A to Part 64--Telecommunications Service Priority (TSP) System for
National Security Emergency Preparedness (NSEP)

1. Purpose and Authority

   a. This appendix establishes policies and procedures and assigns
   responsibilities for the National Security Emergency Preparedness
   (NSEP) Telecommunications Service Priority (TSP) System. The NSEP TSP
   System authorizes priority treatment to certain domestic
   telecommunications services (including portions of U.S. international
   telecommunication services provided by U.S. service vendors) for which
   provisioning or restoration priority (RP) levels are requested,
   assigned, and approved in accordance with this appendix.

   b. This appendix is issued pursuant to sections 1, 4(i), 201 through
   205 and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
   151, 154(i), 201 through 205 and 303(r). These sections grant to the
   Federal Communications Commission (FCC) the authority over the
   assignment and approval of priorities for provisioning and restoration
   of common carrier-provided telecommunications services. Under section
   706 of the Communications Act, this authority may be superseded, and
   expanded to include non-common carrier telecommunication services, by
   the war emergency powers of the President of the United States. This
   appendix provides the Commission's Order to telecommunication service
   vendors and users to comply with policies and procedures establishing
   the NSEP TSP System, until such policies and procedures are superseded
   by the President's war emergency powers. This appendix is intended to
   be read in conjunction with regulations and procedures that the
   Executive Office of the President issues (1) to implement
   responsibilities assigned in section 6(b) of this appendix, or (2) for
   use in the event this appendix is superseded by the President's war
   emergency powers.

   c. Together, this appendix and the regulations and procedures issued by
   the Executive Office of the President establish one uniform system of
   priorities for provisioning and restoration of NSEP telecommunication
   services both before and after invocation of the President's war
   emergency powers. In order that government and industry resources may
   be used effectively under all conditions, a single set of rules,
   regulations, and procedures is necessary, and they must be applied on a
   day-to-day basis to all NSEP services so that the priorities they
   establish can be implemented at once when the need arises.

   * In sections 2(a)(2) and 2(b)(2) of Executive Order No. 12472,
   "Assignment of National Security and Emergency Preparedness
   Telecommunications Functions" April 3, 1984 ( 49 FR 13471  (1984)), the
   President assigned to the Director, Office of Science and Technology
   Policy, certain NSEP telecommunication resource management
   responsibilities. The term "Executive Office of the President" as used
   in this appendix refers to the official or organization designated by
   the President to act on his behalf.

2. Applicability and Revocation

   a. This appendix applies to NSEP telecommunications services:

   (1) For which initial or revised priority level assignments are
   requested pursuant to section 8 of this appendix.

   (2) Which were assigned restoration priorities under the provision of
   FCC Order 80-581; 81 FCC 2d 441 (1980); 47 CFR part 64, appendix A,
   "Priority System for the Restoration of Common Carrier Provided
   Intercity Private Line Services"; and are being resubmitted for
   priority level assignments pursuant to section 10 of this appendix.
   (Such services will retain assigned restoration priorities until a
   resubmission for a TSP assignment is completed or until the existing RP
   rules are terminated.)

   b. FCC Order 80-581 will continue to apply to all other intercity,
   private line circuits assigned restoration priorities thereunder until
   the fully operating capability date of this appendix, 30 months after
   the initial operating capability date referred to in subsection d of
   this section.

   c. In addition, FCC Order, "Precedence System for Public Correspondence
   Services Provided by the Communications Common Carriers" ( 34 FR 17292 
   (1969)); (47 CFR part 64, appendix B), is revoked as of the effective
   date of this appendix.

   d. The initial operating capability (IOC) date for NSEP TSP will be
   nine months after release in the Federal Register of the FCC's order
   following review of procedures submitted by the Executive Office of the
   President. On this IOC date requests for priority assignments generally
   will be accepted only by the Executive Office of the President.

3. Definitions

   As used in this part:

   a. Assignment means the designation of priority level(s) for a defined
   NSEP telecommunications service for a specified time period.

   b. Audit means a quality assurance review in response to identified
   problems.

   c. Government refers to the Federal government or any foreign, state,
   county, municipal or other local government agency or organization.
   Specific qualifications will be supplied whenever reference to a
   particular level of government is intended (e.g., "Federal government",
   "state government"). "Foreign government" means any sovereign empire,
   kingdom, state, or independent political community, including foreign
   diplomatic and consular establishments and coalitions or associations
   of governments (e.g., North Atlantic Treaty Organization (NATO),
   Southeast Asian Treaty Organization (SEATO), Organization of American
   States (OAS), and government agencies or organization (e.g., Pan
   American Union, International Postal Union, and International Monetary
   Fund)).

   d. National Communications System (NCS) refers to that organization
   established by the President in Executive Order No. 12472, "Assignment
   of National Security and Emergency Preparedness Telecommunications
   Functions," April 3, 1984,  49 FR 13471  (1984).

   e. National Coordinating Center (NCC) refers to the joint
   telecommunications industry-Federal government operation established by
   the National Communications System to assist in the initiation,
   coordination, restoration, and reconstitution of NSEP telecommunication
   services or facilities.

   f. National Security Emergency Preparedness (NSEP) telecommunications
   services, or "NSEP services," means telecommunication services which
   are used to maintain a state of readiness or to respond to and manage
   any event or crisis (local, national, or international), which causes
   or could cause injury or harm to the population, damage to or loss of
   property, or degrades or threatens the NSEP posture of the United
   States. These services fall into two specific categories, Emergency
   NSEP and Essential NSEP, and are assigned priority levels pursuant to
   section 9 of this appendix.

   g. NSEP treatment refers to the provisioning of a telecommunication
   service before others based on the provisioning priority level assigned
   by the Executive Office of the President.

   h. Priority action means assignment, revision, revocation, or
   revalidation by the Executive Office of the President of a priority
   level associated with an NSEP telecommunications service.

   i. Priority level means the level that may be assigned to an NSEP
   telecommunications service specifying the order in which provisioning
   or restoration of the service is to occur relative to other NSEP and/or
   non-NSEP telecommunication services. Priority levels authorized by this
   appendix are designated (highest to lowest) "E," "1," "2," "3," "4,"
   and "5," for provisioning and "1," "2," "3," "4," and "5," for
   restoration.

   j. Priority level assignment means the priority level(s) designated for
   the provisioning and/or restoration of a particular NSEP
   telecommunications service under section 9 of this appendix.

   k. Private NSEP telecommunications services include non-common carrier
   telecommunications services including private line, virtual private
   line, and private switched network services.

   l. Provisioning means the act of supplying telecommunications service
   to a user, including all associated transmission, wiring and equipment.
   As used herein, "provisioning" and "initiation" are synonymous and
   include altering the state of an existing priority service or
   capability.

   m. Public switched NSEP telecommunications services include those NSEP
   telecommunications services utilizing public switched networks. Such
   services may include both interexchange and intraexchange network
   facilities (e.g., switching systems, interoffice trunks and subscriber
   loops).

   n. Reconciliation means the comparison of NSEP service information and
   the resolution of identified discrepancies.

   o. Restoration means the repair or returning to service of one or more
   telecommunication services that have experienced a service outage or
   are unusable for any reason, including a damaged or impaired
   telecommunications facility. Such repair or returning to service may be
   done by patching, rerouting, substitution of component parts or
   pathways, and other means, as determined necessary by a service vendor.

   p. Revalidation means the rejustification by a service user of a
   priority level assignment. This may result in extension by the
   Executive Office of the President of the expiration date associated
   with the priority level assignment.

   q. Revision means the change of priority level assignment for an NSEP
   telecommunications service. This includes any extension of an existing
   priority level assignment to an expanded NSEP service.

   r. Revocation means the elimination of a priority level assignment when
   it is no longer valid. All priority level assignments for an NSEP
   service are revoked upon service termination.

   s. Service identification refers to the information uniquely
   identifying an NSEP telecommunications service to the service vendor
   and/or service user.

   t. Service user refers to any individual or organization (including a
   service vendor) supported by a telecommunications service for which a
   priority level has been requested or assigned pursuant to section 8 or
   9 of this appendix.

   u. Service vendor refers to any person, association, partnership,
   corporation, organization, or other entity (including common carriers
   and government organizations) that offers to supply any
   telecommunications equipment, facilities, or services (including
   customer premises equipment and wiring) or combination thereof. The
   term includes resale carriers, prime contractors, subcontractors, and
   interconnecting carriers.

   v. Spare circuits or services refers to those not being used or
   contracted for by any customer.

   w. Telecommunication services means the transmission, emission, or
   reception of signals, signs, writing, images, sounds, or intelligence
   of any nature, by wire, cable, satellite, fiber optics, laser, radio,
   visual or other electronic, electric, electromagnetic, or acoustically
   coupled means, or any combination thereof. The term can include
   necessary telecommunication facilities.

   x. Telecommunications Service Priority (TSP) system user refers to any
   individual, organization, or activity that interacts with the NSEP TSP
   System.

4. Scope

   a. Domestic NSEP services. The NSEP TSP System and procedures
   established by this appendix authorize priority treatment to the
   following domestic telecommunication services (including portions of
   U.S. international telecommunication services provided by U.S. vendors)
   for which provisioning or restoration priority levels are requested,
   assigned, and approved in accordance with this appendix:

   (1) Common carrier services which are:

   (a) Interstate or foreign telecommunications services,

   (b) Intrastate telecommunication services inseparable from interstate
   or foreign telecommunications services, and intrastate
   telecommunication services to which priority levels are assigned
   pursuant to section 9 of this appendix.

   Note: Initially, the NSEP TSP System's applicability to public switched
   services is limited to (a) provisioning of such services (e.g.,
   business, centrex, cellular, foreign exchange, Wide Area Telephone
   Service (WATS) and other services that the selected vendor is able to
   provision) and (b) restoration of services that the selected vendor is
   able to restore.

   (2) Services which are provided by government and/or non-common
   carriers and are interconnected to common carrier services assigned a
   priority level pursuant to section 9 of this appendix.

   b. Control services and orderwires. The NSEP TSP System and procedures
   established by this appendix are not applicable to authorize priority
   treatment to control services or orderwires owned by a service vendor
   and needed for provisioning, restoration, or maintenance of other
   services owned by that service vendor. Such control services and
   orderwires shall have priority provisioning and restoration over all
   other telecommunication services (including NSEP services) and shall be
   exempt from preemption. However, the NSEP TSP System and procedures
   established by this appendix are applicable to control services or
   orderwires leased by a service vendor.

   c. Other services. The NSEP TSP System may apply, at the discretion of
   and upon special arrangements by the NSEP TSP System users involved, to
   authorize priority treatment to the following telecommunication
   services:

   (1) Government or non-common carrier services which are not connected
   to common carrier provided services assigned a priority level pursuant
   to section 9 of this appendix.

   (2) Portions of U.S. international services which are provided by
   foreign correspondents. (U.S. telecommunication service vendors are
   encouraged to ensure that relevant operating arrangements are
   consistent to the maximum extent practicable with the NSEP TSP System.
   If such arrangements do not exist, U.S. telecommunication service
   vendors should handle service provisioning and/or restoration in
   accordance with any system acceptable to their foreign correspondents
   which comes closest to meeting the procedures established in this
   appendix.)

5. Policy

   The NSEP TSP System is the regulatory, administrative, and operational
   system authorizing and providing for priority treatment, i.e.,
   provisioning and restoration, of NSEP telecommunication services. As
   such, it establishes the framework for telecommunication service
   vendors to provision, restore, or otherwise act on a priority basis to
   ensure effective NSEP telecommunication services. The NSEP TSP System
   allows the assignment of priority levels to any NSEP service across
   three time periods, or stress conditions:
   Peacetime/Crisis/Mobilizations, Attack/War, and Post-Attack/Recovery.
   Although priority levels normally will be assigned by the Executive
   Office of the President and retained by service vendors only for the
   current time period, they may be preassigned for the other two time
   periods at the request of service users who are able to identify and
   justify in advance, their wartime or post-attack NSEP telecommunication
   requirements. Absent such preassigned priority levels for the
   Attack/War and Post-Attack/Recovery periods, priority level assignments
   for the Peacetime/Crisis/Mobilization period will remain in effect. At
   all times, priority level assignments will be subject to revision by
   the FCC or (on an interim basis) the Executive Office of the President,
   based upon changing NSEP needs. No other system of telecommunication
   service priorities which conflicts with the NSEP TSP System is
   authorized.

6. Responsibilities

   a. The FCC will:

   (1) Provide regulatory oversight of implementation of the NSEP TSP
   System.

   (2) Enforce NSEP TSP System rules and regulations, which are contained
   in this appendix.

   (3) Act as final authority for approval, revision, or disapproval of
   priority actions by the Executive Office of the President and
   adjudicate disputes regarding either priority actions or denials of
   requests for priority actions by the Executive Office of the President,
   until superseded by the President's war emergency powers under section
   706 of the Communications Act.

   (4) Function (on a discretionary basis) as a sponsoring Federal
   organization. (See section 6(c) below.)

   b. The Executive Office of the President will:

   (1) During exercise of the President's war emergency powers under
   section 706 of the Communications Act, act as the final approval
   authority for priority actions or denials of requests for priority
   actions, adjudicating any disputes.

   (2) Until the exercise of the President's war emergency powers,
   administer the NSEP TSP System which includes:

   (a) Receiving, processing, and evaluating requests for priority actions
   from service users, or sponsoring Federal government organizations on
   behalf of service users (e.g., Department of State or Defense on behalf
   of foreign governments, Federal Emergency Management Agency on behalf
   of state and local governments, and any Federal organization on behalf
   of private industry entities). Action on such requests will be
   completed within 30 days of receipt.

   (b) Assigning, revising, revalidating, or revoking priority levels as
   necessary or upon request of service users concerned, and denying
   requests for priority actions as necessary, using the categories and
   criteria specified in section 12 of this appendix. Action on such
   requests will be completed within 30 days of receipt.

   (c) Maintaining data on priority level assignments.

   (d) Periodically forwarding to the FCC lists of priority actions by the
   Executive Office of the President for review and approval.

   (e) Periodically initiating reconciliation.

   (f) Testing and evaluating the NSEP TSP System for effectiveness.

   (g) Conducting audits as necessary. Any Telecommunications Service
   Priority (TSP) System user may request the Executive Office of the
   President to conduct an audit.

   (h) Issuing, subject to review by the FCC, regulations and procedures
   supplemental to and consistent with this appendix regarding operation
   and use of the NSEP TSP System.

   (i) Serving as a centralized point-of-contact for collecting and
   disseminating to all interested parties (consistent with requirements
   for treatment of classified and proprietary material) information
   concerning use and abuse of the NSEP TSP System.

   (j) Establishing and assisting a TSP System Oversight Committee to
   identify and review any problems developing in the system and recommend
   actions to correct them or prevent recurrence. In addition to
   representatives of the Executive Office of the President,
   representatives from private industry (including telecommunication
   service vendors), state and local governments, the FCC, and other
   organizations may be appointed to that Committee.

   (k) Reporting at least quarterly to the FCC and TSP System Oversight
   Committee, together with any recommendations for action, the
   operational status of and trends in the NSEP TSP System, including:

   (i) Numbers of requests processed for the various priority actions, and
   the priority levels assigned.

   (ii) Relative percentages of services assigned to each priority level
   under each NSEP category and subcategory.

   (iii) Any apparent serious misassignment or abuse of priority level
   assignments.

   (iv) Any existing or developing problem.

   (l) Submitting semi-annually to the FCC and TSP System Oversight
   Committee a summary report identifying the time and event associated
   with each invocation of NSEP treatment under section 9(c) of this
   appendix, whether the NSEP service requirement was adequately handled,
   and whether any additional charges were incurred. These reports will be
   due by April 30th for the preceding July through December and by
   October 31 for the preceding January through June time periods.

   (m) All reports submitted to the FCC should be directed to Chief,
   Public Safety and Homeland Security Bureau, Washington, DC 20554.

   (3) Function (on a discretionary basis) as a sponsoring Federal
   organization. (See section 6(c) below.)

   c. Sponsoring Federal organizations will:

   (1) Review and decide whether to sponsor foreign, state, and local
   government and private industry (including telecommunication service
   vendors) requests for priority actions. Federal organizations will
   forward sponsored requests with recommendations for disposition to the
   Executive Office of the President. Recommendations will be based on the
   categories and criteria in section 12 of this appendix.

   (2) Forward notification of priority actions or denials of requests for
   priority actions from the Executive Office of the President to the
   requesting foreign, state, and local government and private industry
   entities.

   (3) Cooperate with the Executive Office of the President during
   reconciliation, revalidation, and audits.

   (4) Comply with any regulations and procedures supplemental to and
   consistent with this appendix which are issued by the Executive Office
   of the President.

   d. Service users will:

   (1) Identify services requiring priority level assignments and request
   and justify priority level assignments in accordance with this appendix
   and any supplemental regulations and procedures issued by the Executive
   Office of the President that are consistent with this appendix.

   (2) Request and justify revalidation of all priority level assignments
   at least every three years.

   (3) For services assigned priority levels, ensure (through contractual
   means or otherwise) availability of customer premises equipment and
   wiring necessary for end-to-end service operation by the service due
   date, and continued operation; and, for such services in the Emergency
   NSEP category, by the time that vendors are prepared to provide the
   services. Additionally, designate the organization responsible for the
   service on an end-to-end basis.

   (4) Be prepared to accept services assigned priority levels by the
   service due dates or, for services in the Emergency NSEP category, when
   they are available.

   (5) Pay vendors any authorized costs associated with services that are
   assigned priority levels.

   (6) Report to vendors any failed or unusable services that are assigned
   priority levels.

   (7) Designate a 24-hour point-of-contact for matters concerning each
   request for priority action and apprise the Executive Office of the
   President thereof.

   (8) Upon termination of services that are assigned priority levels, or
   circumstances warranting revisions in priority level assignment (e.g.,
   expansion of service), request and justify revocation or revision.

   (9) When NSEP treatment is invoked under section 9(c) of this appendix,
   within 90 days following provisioning of the service involved, forward
   to the National Coordinating Center (see section 3(e) of this appendix)
   complete information identifying the time and event associated with the
   invocation and regarding whether the NSEP service requirement was
   adequately handled and whether any additional charges were incurred.

   (10) Cooperate with the Executive Office of the President during
   reconciliation, revalidation, and audits.

   (11) Comply with any regulations and procedures supplemental to and
   consistent with this appendix that are issued by the Executive Office
   of the President.

   e. Non-federal service users, in addition to responsibilities
   prescribed above in section 6(d), will obtain a sponsoring Federal
   organization for all requests for priority actions. If unable to find a
   sponsoring Federal organization, a non-federal service user may submit
   its request, which must include documentation of attempts made to
   obtain a sponsor and reasons given by the sponsor for its refusal,
   directly to the Executive Office of the President.

   f. Service vendors will:

   (1) When NSEP treatment is invoked by service users, provision NSEP
   telecommunication services before non-NSEP services, based on priority
   level assignments made by the Executive Office of the President.
   Provisioning will require service vendors to:

   (a) Allocate resources to ensure best efforts to provide NSEP services
   by the time required. When limited resources constrain response
   capability, vendors will address conflicts for resources by:

   (i) Providing NSEP services in order of provisioning priority level
   assignment (i.e., "E", "1", "2", "3", "4", or "5");

   (ii) Providing Emergency NSEP services (i.e., those assigned
   provisioning priority level "E") in order of receipt of the service
   requests;

   (iii) Providing Essential NSEP services (i.e., those assigned priority
   levels "1", "2", "3", "4", or "5") that have the same provisioning
   priority level in order of service due dates; and

   (iv) Referring any conflicts which cannot be resolved (to the mutual
   satisfaction of servicer vendors and users) to the Executive Office of
   the President for resolution.

   (b) Comply with NSEP service requests by:

   (i) Allocating resources necessary to provide Emergency NSEP services
   as soon as possible, dispatching outside normal business hours when
   necessary;

   (ii) Ensuring best efforts to meet requested service dates for
   Essential NSEP services, negotiating a mutually (customer and vendor)
   acceptable service due date when the requested service due date cannot
   be met; and

   (iii) Seeking National Coordinating Center (NCC) assistance as
   authorized under the NCC Charter (see section 1.3, NCC Charter, dated
   October 9, 1985).

   (2) Restore NSEP telecommunications services which suffer outage, or
   are reported as unusable or otherwise in need of restoration, before
   non-NSEP services, based on restoration priority level assignments. (
   Note: For broadband or multiple service facilities, restoration is
   permitted even though it might result in restoration of services
   assigned no or lower priority levels along with, or sometimes ahead of,
   some higher priority level services.) Restoration will require service
   vendors to restore NSEP services in order of restoration priority level
   assignment (i.e., "1", "2", "3", "4", or "5") by:

   (a) Allocating available resources to restore NSEP services as quickly
   as practicable, dispatching outside normal business hours to restore
   services assigned priority levels "1", "2", and "3" when necessary, and
   services assigned priority level "4" and "5" when the next business day
   is more than 24 hours away;

   (b) Restoring NSEP services assigned the same restoration priority
   level based upon which can be first restored. (However, restoration
   actions in progress should not normally be interrupted to restore
   another NSEP service assigned the same restoration priority level);

   (c) Patching and/or rerouting NSEP services assigned restoration
   priority levels from "1" through "5," when use of patching and/or
   rerouting will hasten restoration;

   (d) Seeking National Coordinating Center (NCC) assistance authorized
   under the NCC Charter; and

   (e) Referring any conflicts which cannot be resolved (to the mutual
   satisfaction of service vendors and users) to the Executive Office of
   the President for resolution.

   (3) Respond to provisioning requests of customers and/or other service
   vendors, and to restoration priority level assignments when an NSEP
   service suffers an outage or is reported as unusable, by:

   (a) Ensuring that vendor personnel understand their responsibilities to
   handle NSEP provisioning requests and to restore NSEP service; and

   (b) Providing a 24-hour point-of-contact for receiving provisioning
   requests for Emergency NSEP services and reports of NSEP service
   outages or unusability.

   (c) Seek verification from an authorized entity if legitimacy of a
   priority level assignment or provisioning request for an NSEP service
   is in doubt. However, processing of Emergency NSEP service requests
   will not be delayed for verification purposes.

   (4) Cooperate with other service vendors involved in provisioning or
   restoring a portion of an NSEP service by honoring provisioning or
   restoration priority level assignments, or requests for assistance to
   provision or restore NSEP services, as detailed in sections 6(f)(1),
   (2), and (3) above.

   (5) All service vendors, including resale carriers, are required to
   ensure that service vendors supplying underlying facilities are
   provided information necessary to implement priority treatment of
   facilities that support NSEP services.

   (6) Preempt, when necessary, existing services to provide an NSEP
   service as authorized in section 7 of this appendix.

   (7) Assist in ensuring that priority level assignments of NSEP services
   are accurately identified "end-to-end" by:

   (a) Seeking verification from an authorized Federal government entity
   if the legitimacy of the restoration priority level assignment is in
   doubt;

   (b) Providing to subcontractors and/or interconnecting carriers the
   restoration priority level assigned to a service;

   (c) Supplying, to the Executive Office of the President, when acting as
   a prime contractor to a service user, confirmation information
   regarding NSEP service completion for that portion of the service they
   have contracted to supply;

   (d) Supplying, to the Executive Office of the President, NSEP service
   information for the purpose of reconciliation.

   (e) Cooperating with the Executive Office of the President during
   reconciliation.

   (f) Periodically initiating reconciliation with their subcontractors
   and arranging for subsequent subcontractors to cooperate in the
   reconciliation process.

   (8) Receive compensation for costs authorized through tariffs or
   contracts by:

   (a) Provisions contained in properly filed state or Federal tariffs; or

   (b) Provisions of properly negotiated contracts where the carrier is
   not required to file tariffs.

   (9) Provision or restore only the portions of services for which they
   have agreed to be responsible (i.e., have contracted to supply), unless
   the President's war emergency powers under section 706 of the
   Communications Act are in effect.

   (10) Cooperate with the Executive Office of the President during
   audits.

   (11) Comply with any regulations or procedures supplemental to and
   consistent with this appendix that are issued by the Executive Office
   of the President and reviewed by the FCC.

   (12) Insure that at all times a reasonable number of public switched
   network services are made available for public use.

   (13) Not disclose information concerning NSEP services they provide to
   those not having a need-to-know or might use the information for
   competitive advantage.

7. Preemption of Existing Services

   When necessary to provision or restore NSEP services, service vendors
   may preempt services they provide as specified below. "User" as used in
   this Section means any user of a telecommunications service, including
   both NSEP and non-NSEP services. Prior consent by a preempted user is
   not required.

   a. The sequence in which existing services may be preempted to
   provision NSEP services assigned a provisioning priority level "E" or
   restore NSEP services assigned a restoration priority level from "1"
   through "5":

   (1) Non-NSEP services: If suitable spare services are not available,
   then, based on the considerations in this appendix and the service
   vendor's best judgment, non-NSEP services will be preempted. After
   ensuring a sufficient number of public switched services are available
   for public use, based on the service vendor's best judgment, such
   services may be used to satisfy a requirement for provisioning or
   restoring NSEP services.

   (2) NSEP services: If no suitable spare or non-NSEP services are
   available, then existing NSEP services may be preempted to provision or
   restore NSEP services with higher priority level assignments. When this
   is necessary, NSEP services will be selected for preemption in the
   inverse order of priority level assignment.

   (3) Service vendors who are preempting services will ensure their best
   effort to notify the service user of the preempted service and state
   the reason for and estimated duration of the preemption.

   b. Service vendors may, based on their best judgment, determine the
   sequence in which existing services may be preempted to provision NSEP
   services assigned a provisioning priority of "1" through "5".
   Preemption is not subject to the consent of the user whose service will
   be preempted.

8. Requests for Priority Assignments.

   All service users are required to submit requests for priority actions
   through the Executive Office of the President in the format and
   following the procedures prescribed by that Office.

9. Assignment, Approval, Use, and Invocation of Priority Levels

   a. Assignment and approval of priority levels. Priority level
   assignments will be based upon the categories and criteria specified in
   section 12 of this appendix. A priority level assignment made by the
   Executive Office of the President will serve as that Office's
   recommendation to the FCC. Until the President's war emergency powers
   are invoked, priority level assignments must be approved by the FCC.
   However, service vendors are ordered to implement any priority level
   assignments that are pending FCC approval.

   After invocation of the President's war emergency powers, these
   requirements may be superseded by other procedures issued by the
   Executive Office of the President.

   b. Use of Priority Level Assignments.

   (1) All provisioning and restoration priority level assignments for
   services in the Emergency NSEP category will be included in initial
   service orders to vendors. Provisioning priority level assignments for
   Essential NSEP services, however, will not usually be included in
   initial service orders to vendors. NSEP treatment for Essential NSEP
   services will be invoked and provisioning priority level assignments
   will be conveyed to service vendors only if the vendors cannot meet
   needed service dates through the normal provisioning process.

   (2) Any revision or revocation of either provisioning or restoration
   priority level assignments will also be transmitted to vendors.

   (3) Service vendors shall accept priority levels and/or revisions only
   after assignment by the Executive Office of the President.

   Note: Service vendors acting as prime contractors will accept assigned
   NSEP priority levels only when they are accompanied by the Executive
   Office of the President designated service identification, i.e., TSP
   Authorization Code. However, service vendors are authorized to accept
   priority levels and/or revisions from users and contracting activities
   before assignment by the Executive Office of the President when service
   vendor, user, and contracting activities are unable to communicate with
   either the Executive Office of the President or the FCC. Processing of
   Emergency NSEP service requests will not be delayed for verification
   purposes.

   c. Invocation of NSEP treatment. To invoke NSEP treatment for the
   priority provisioning of an NSEP telecommunications service, an
   authorized Federal official either within, or acting on behalf of, the
   service user's organization must make a written or oral declaration to
   concerned service vendor(s) and the Executive Office of the President
   that NSEP treatment is being invoked. Authorized Federal officials
   include the head or director of a Federal agency, commander of a
   unified/specified military command, chief of a military service, or
   commander of a major military command; the delegates of any of the
   foregoing; or any other officials as specified in supplemental
   regulations or procedures issued by the Executive Office of the
   President. The authority to invoke NSEP treatment may be delegated only
   to a general or flag officer of a military service, civilian employee
   of equivalent grade (e.g., Senior Executive Service member), Federal
   Coordinating Officer or Federal Emergency Communications
   Coordinator/Manager, or any other such officials specified in
   supplemental regulations or procedures issued by the Executive Office
   of the President. Delegates must be designated as such in writing, and
   written or oral invocations must be accomplished, in accordance with
   supplemental regulations or procedures issued by the Executive Office
   of the President.

10. Resubmission of Circuits Presently Assigned Restoration Priorities

   All circuits assigned restoration priorities must be reviewed for
   eligibility for initial restoration priority level assignment under the
   provisions of this appendix. Circuits currently assigned restoration
   priorities, and for which restoration priority level assignments are
   requested under section 8 of this appendix, will be resubmitted to the
   Executive Office of the President. To resubmit such circuits, service
   users will comply with applicable provisions of section 6(d) of this
   appendix.

11. Appeal

   Service users or sponsoring Federal organizations may appeal any
   priority level assignment, denial, revision, revocation, approval, or
   disapproval to the Executive Office of the President within 30 days of
   notification to the service user. The appellant must use the form or
   format required by the Executive Office of the President and must serve
   the FCC with a copy of its appeal. The Executive Office of the
   President will act on the appeal within 90 days of receipt. Service
   users and sponsoring Federal organizations may only then appeal
   directly to the FCC. Such FCC appeal must be filed within 30 days of
   notification of the Executive Office of the President's decision on
   appeal. Additionally, the Executive Office of the President may appeal
   any FCC revisions, approvals, or disapprovals to the FCC. All appeals
   to the FCC must be submitted using the form or format required. The
   party filing its appeal with the FCC must include factual details
   supporting its claim and must serve a copy on the Executive Office of
   the President and any other party directly involved. Such party may
   file a response within 20 days, and replies may be filed within 10 days
   thereafter. The Commission will not issue public notices of such
   submissions. The Commission will provide notice of its decision to the
   parties of record. Any appeals to the Executive Office of the President
   that include a claim of new information that has not been presented
   before for consideration may be submitted at any time.

12. NSEP TSP System Categories, Criteria, and Priority Levels

   a. General. NSEP TSP System categories and criteria, and permissible
   priority level assignments, are defined and explained below.

   (1) The Essential NSEP category has four subcategories: National
   Security Leadership; National Security Posture and U.S. Population
   Attack Warning; Public Health, Safety, and Maintenance of Law and
   Order; and Public Welfare and Maintenance of National Economic Posture.
   Each subcategory has its own criteria. Criteria are also shown for the
   Emergency NSEP category, which has no sub-categories.

   (2) Priority levels of "1," "2," "3," "4," and "5" may be assigned for
   provisioning and/or restoration of Essential NSEP telecommunication
   services. However, for Emergency NSEP telecommunications services, a
   priority level "E" is assigned for provisioning. A restoration priority
   level from "1" through "5" may be assigned if an Emergency NSEP service
   also qualifies for such a restoration priority level under the
   Essential NSEP category.

   (3) The NSEP TSP System allows the assignment of priority levels to any
   NSEP telecommunications service across three time periods, or stress
   conditions: Peacetime/Crisis/Mobilization, Attack/War, and
   Post-Attack/Recovery. Priority levels will normally be assigned only
   for the first time period. These assigned priority levels will apply
   through the onset of any attack, but it is expected that they would
   later be revised by surviving authorized telecommunication resource
   managers within the Executive Office of the President based upon
   specific facts and circumstances arising during the Attack/War and
   Post-Attack/Recovery time periods.

   (4) Service users may, for their own internal use, assign subpriorities
   to their services assigned priority levels. Receipt of and response to
   any such subpriorities is optional for service vendors.

   (5) The following paragraphs provide a detailed explanation of the
   categories, subcategories, criteria, and priority level assignments,
   beginning with the Emergency NSEP category.

   b. Emergency NSEP. Telecommunications services in the Emergency NSEP
   category are those new services so critical as to be required to be
   provisioned at the earliest possible time, without regard to the costs
   of obtaining them.

   (1) Criteria. To qualify under the Emergency NSEP category, the service
   must meet criteria directly supporting or resulting from at least one
   of the following NSEP functions:

   (a) Federal government activity responding to a Presidentially declared
   disaster or emergency as defined in the Disaster Relief Act (42 U.S.C.
   5122).

   (b) State or local government activity responding to a Presidentially
   declared disaster or emergency.

   (c) Response to a state of crisis declared by the National Command
   Authorities (e.g., exercise of Presidential war emergency powers under
   section 706 of the Communications Act.)

   (d) Efforts to protect endangered U.S. personnel or property.

   (e) Response to an enemy or terrorist action, civil disturbance,
   natural disaster, or any other unpredictable occurrence that has
   damaged facilities whose uninterrupted operation is critical to NSEP or
   the management of other ongoing crises.

   (f) Certification by the head or director of a Federal agency,
   commander of a unified/specified command, chief of a military service,
   or commander of a major military command, that the telecommunications
   service is so critical to protection of life and property or to NSEP
   that it must be provided immediately.

   (g) A request from an official authorized pursuant to the Foreign
   Intelligence Surveillance Act (50 U.S.C. 1801 et seq. and 18 U.S.C.
   2511, 2518, 2519).

   (2) Priority Level Assignment.

   (a) Services qualifying under the Emergency NSEP category are assigned
   priority level "E" for provisioning.

   (b) After 30 days, assignments of provisioning priority level "E" for
   Emergency NSEP services are automatically revoked unless extended for
   another 30-day period. A notice of any such revocation will be sent to
   service vendors.

   (c) For restoration, Emergency NSEP services may be assigned priority
   levels under the provisions applicable to Essential NSEP services (see
   section 12(c)). Emergency NSEP services not otherwise qualifying for
   restoration priority level assignment as Essential NSEP may be assigned
   a restoration priority level "5" for a 30-day period. Such 30-day
   restoration priority level assignments will be revoked automatically
   unless extended for another 30-day period. A notice of any such
   revocation will be sent to service vendors.

   c. Essential NSEP. Telecommunication services in the Essential NSEP
   category are those required to be provisioned by due dates specified by
   service users, or restored promptly, normally without regard to
   associated overtime or expediting costs. They may be assigned priority
   level of "1," "2," "3," "4," or "5" for both provisioning and
   restoration, depending upon the nature and urgency of the supported
   function, the impact of lack of service or of service interruption upon
   the supported function, and, for priority access to public switched
   services, the user's level of responsibility. Priority level
   assignments will be valid for no more than three years unless
   revalidated. To be categorized as Essential NSEP, a telecommunications
   service must qualify under one of the four following subcategories:
   National Security Leadership; National Security Posture and U.S.
   Population Attack Warning; Public Health, Safety and Maintenance of Law
   and Order; or Public Welfare and Maintenance of National Economic
   Posture. ( Note Under emergency circumstances, Essential NSEP
   telecommunication services may be recategorized as Emergency NSEP and
   assigned a priority level "E" for provisioning.)

   (1) National security leadership. This subcategory will be strictly
   limited to only those telecommunication services essential to national
   survival if nuclear attack threatens or occurs, and critical orderwire
   and control services necessary to ensure the rapid and efficient
   provisioning or restoration of other NSEP telecommunication services.
   Services in this subcategory are those for which a service interruption
   of even a few minutes would have serious adverse impact upon the
   supported NSEP function.

   (a) Criteria. To qualify under this subcategory, a service must be at
   least one of the following:

   (i) Critical orderwire, or control service, supporting other NSEP
   functions.

   (ii) Presidential communications service critical to continuity of
   government and national leadership during crisis situations.

   (iii) National Command Authority communications service for military
   command and control critical to national survival.

   (iv) Intelligence communications service critical to warning of
   potentially catastrophic attack.

   (v) Communications service supporting the conduct of diplomatic
   negotiations critical to arresting or limiting hostilities.

   (b) Priority level assignment. Services under this subcategory will
   normally be assigned priority level "1" for provisioning and
   restoration during the Peace/Crisis/Mobilization time period.

   (2) National security posture and U.S. population attack warning. This
   subcategory covers those minimum additional telecommunication services
   essential to maintaining an optimum defense, diplomatic, or
   continuity-of-government postures before, during, and after crises
   situations. Such situations are those ranging from national emergencies
   to international crises, including nuclear attack. Services in this
   subcategory are those for which a service interruption ranging from a
   few minutes to one day would have serious adverse impact upon the
   supported NSEP function.

   (a) Criteria. To qualify under this subcategory, a service must support
   at least one of the following NSEP functions:

   (i) Threat assessment and attack warning.

   (ii) Conduct of diplomacy.

   (iii) Collection, processing, and dissemination of intelligence.

   (iv) Command and control of military forces.

   (v) Military mobilization.

   (vi) Continuity of Federal government before, during, and after crises
   situations.

   (vii) Continuity of state and local government functions supporting the
   Federal government during and after national emergencies.

   (viii) Recovery of critical national functions after crises situations.

   (ix) National space operations.

   (b) Priority level assignment. Services under this subcategory will
   normally be assigned priority level "2," "3," "4," or "5" for
   provisioning and restoration during Peacetime/Crisis/Mobilization.

   (3) Public health, safety, and maintenance of law and order. This
   subcategory covers the minimum number of telecommunication services
   necessary for giving civil alert to the U.S. population and maintaining
   law and order and the health and safety of the U.S. population in times
   of any national, regional, or serious local emergency. These services
   are those for which a service interruption ranging from a few minutes
   to one day would have serious adverse impact upon the supported NSEP
   functions.

   (a) Criteria. To qualify under this subcategory, a service must support
   at least one of the following NSEP functions:

   (i) Population warning (other than attack warning).

   (ii) Law enforcement.

   (iii) Continuity of critical state and local government functions
   (other than support of the Federal government during and after national
   emergencies).

   (vi) Hospitals and distributions of medical supplies.

   (v) Critical logistic functions and public utility services.

   (vi) Civil air traffic control.

   (vii) Military assistance to civil authorities.

   (viii) Defense and protection of critical industrial facilities.

   (ix) Critical weather services.

   (x) Transportation to accomplish the foregoing NSEP functions.

   (b) Priority level assignment. Service under this subcategory will
   normally be assigned priority levels "3," "4," or "5" for provisioning
   and restoration during Peacetime/Crisis/Mobilization.

   (4) Public welfare and maintenance of national economic posture. This
   subcategory covers the minimum number of telecommunications services
   necessary for maintaining the public welfare and national economic
   posture during any national or regional emergency. These services are
   those for which a service interruption ranging from a few minutes to
   one day would have serious adverse impact upon the supported NSEP
   function.

   (a) Criteria. To qualify under this subcategory, a service must support
   at least one of the following NSEP functions:

   (i) Distribution of food and other essential supplies.

   (ii) Maintenance of national monetary, credit, and financial systems.

   (iii) Maintenance of price, wage, rent, and salary stabilization, and
   consumer rationing programs.

   (iv) Control of production and distribution of strategic materials and
   energy supplies.

   (v) Prevention and control of environmental hazards or damage.

   (vi) Transportation to accomplish the foregoing NSEP functions.

   (b) Priority level assignment. Services under this subcategory will
   normally be assigned priority levels "4" or "5" for provisioning and
   restoration during Peacetime/Crisis/Mobilization.

   d. Limitations. Priority levels will be assigned only to the minimum
   number of telecommunication services required to support an NSEP
   function. Priority levels will not normally be assigned to backup
   services on a continuing basis, absent additional justification, e.g.,
   a service user specifies a requirement for physically diverse routing
   or contracts for additional continuity-of-service features. The
   Executive Office of the President may also establish limitations upon
   the relative numbers of services which may be assigned any restoration
   priority level. These limitations will not take precedence over laws or
   executive orders. Such limitations shall not be exceeded absent waiver
   by the Executive Office of the President.

   e. Non-NSEP services. Telecommunication services in the non-NSEP
   category will be those which do not meet the criteria for either
   Emergency NSEP or Essential NSEP.

   [ 53 FR 47536 , Nov. 23, 1988;  54 FR 152 , Jan. 4, 1989;  54 FR 1471 , Jan.
   13, 1989, as amended at  67 FR 13229 , Mar. 21, 2002;  71 FR 69038 , Nov.
   29, 2006]

   return arrow Back to Top

Appendix B to Part 64--Priority Access Service (PAS) for National Security
and Emergency Preparedness (NSEP)

1. Authority

   This appendix is issued pursuant to sections 1, 4(i), 201 through 205
   and 303(r) of the Communications Act of 1934, as amended. Under these
   sections, the Federal Communications Commission (FCC) may permit the
   assignment and approval of priorities for access to commercial mobile
   radio service (CMRS) networks. Under section 706 of the Communications
   Act, this authority may be superseded by the war emergency powers of
   the President of the United States. This appendix provides the
   Commission's Order to CMRS providers and users to comply with policies
   and procedures establishing the Priority Access Service (PAS). This
   appendix is intended to be read in conjunction with regulations and
   procedures that the Executive Office of the President issues:

   (1) To implement responsibilities assigned in section 3 of this
   appendix, or

   (2) For use in the event this appendix is superseded by the President's
   emergency war powers. Together, this appendix and the regulations and
   procedures issued by the Executive Office of the President establish
   one uniform system of priority access service both before and after
   invocation of the President's emergency war powers.

2. Background

   a. Purpose. This appendix establishes regulatory authorization for PAS
   to support the needs of NSEP CMRS users.

   b. Applicability. This appendix applies to the provision of PAS by CMRS
   licensees to users who qualify under the provisions of section 5 of
   this appendix.

   c. Description. PAS provides the means for NSEP telecommunications
   users to obtain priority access to available radio channels when
   necessary to initiate emergency calls. It does not preempt calls in
   progress and is to be used during situations when CMRS network
   congestion is blocking NSEP call attempts. PAS is to be available to
   authorized NSEP users at all times in equipped CMRS markets where the
   service provider has voluntarily decided to provide such service.
   Authorized users would activate the feature on a per call basis by
   dialing a feature code such as *XX. PAS priorities 1 through 5 are
   reserved for qualified and authorized NSEP users, and those users are
   provided access to CMRS channels before any other CMRS callers.

   d. Definitions. As used in this appendix:

   1. Authorizing agent refers to a Federal or State entity that
   authenticates, evaluates and makes recommendations to the Executive
   Office of the President regarding the assignment of priority access
   service levels.

   2. Service provider means an FCC-licensed CMRS provider. The term does
   not include agents of the licensed CMRS provider or resellers of CMRS
   service.

   3. Service user means an individual or organization (including a
   service provider) to whom or which a priority access assignment has
   been made.

   4. The following terms have the same meaning as in Appendix A to Part
   64:

   (a) Assignment;

   (b) Government;

   (c) National Communications System;

   (d) National Coordinating Center;

   (e) National Security Emergency Preparedness (NSEP) Telecommunications
   Services (excluding the last sentence);

   (f) Reconciliation;

   (g) Revalidation;

   (h) Revision;

   (i) Revocation.

   e. Administration. The Executive Office of the President will
   administer PAS.

3. Responsibilities

   a. The Federal Communications Commission will provide regulatory
   oversight of the implementation of PAS, enforce PAS rules and
   regulations, and act as final authority for approval, revision, or
   disapproval of priority assignments by the Executive Office of the
   President by adjudicating disputes regarding either priority
   assignments or the denial thereof by the Executive Office of the
   President until superseded by the President's war emergency powers
   under Section 706 of the Communications Act.

   b. The Executive Office of the President (EOP) will administer the PAS
   system. It will:

   1. Act as the final approval or denial authority for the assignment of
   priorities and the adjudicator of disputes during the exercise of the
   President's war emergency powers under section 706 of the
   Communications Act.

   2. Receive, process, and evaluate requests for priority actions from
   authorizing agents on behalf of service users or directly from service
   users. Assign priorities or deny requests for priority using the
   priorities and criteria specified in section 5 of this appendix.
   Actions on such requests should be completed within 30 days of receipt.

   3. Convey priority assignments to the service provider and the
   authorizing agent.

   4. Revise, revalidate, reconcile, and revoke priority level assignments
   with service users and service providers as necessary to maintain the
   viability of the PAS system.

   5. Maintain a database for PAS related information.

   6. Issue new or revised regulations, procedures, and instructional
   material supplemental to and consistent with this appendix regarding
   the operation, administration, and use of PAS.

   7. Provide training on PAS to affected entities and individuals.

   8. Enlarge the role of the Telecommunications Service Priority System
   Oversight Committee to include oversight of the PAS system.

   9. Report periodically to the FCC on the status of PAS.

   10. Disclose content of the NSEP PAS database only as may be required
   by law.

   c. An Authorizing agent shall:

   1. Identify itself as an authorizing agent and its community of
   interest (State, Federal Agency) to the EOP. State Authorizing Agents
   will provide a central point of contact to receive priority requests
   from users within their state. Federal Authorizing Agents will provide
   a central point of contact to receive priority requests from federal
   users or federally sponsored entities.

   2. Authenticate, evaluate, and make recommendations to the EOP to
   approve priority level assignment requests using the priorities and
   criteria specified in section 5 of this appendix. As a guide, PAS
   authorizing agents should request the lowest priority level that is
   applicable and the minimum number of CMRS services required to support
   an NSEP function. When appropriate, the authorizing agent will
   recommend approval or deny requests for PAS.

   3. Ensure that documentation is complete and accurate before forwarding
   it to the EOP.

   4. Serve as a conduit for forwarding PAS information from the EOP to
   the service user and vice versa. Information will include PAS requests
   and assignments, reconciliation and revalidation notifications, and
   other information.

   5. Participate in reconciliation and revalidation of PAS information at
   the request of the EOP.

   6. Comply with any regulations and procedures supplemental to and
   consistent with this appendix that are issued by the EOP.

   7. Disclose content of the NSEP PAS database only to those having a
   need-to-know.

   d. Service users will:

   1. Determine the need for and request PAS assignments in a planned
   process, not waiting until an emergency has occurred.

   2. Request PAS assignments for the lowest applicable priority level and
   minimum number of CMRS services necessary to provide NSEP
   telecommunications management and response functions during
   emergency/disaster situations.

   3. Initiate PAS requests through the appropriate authorizing agent. The
   EOP will make final approval or denial of PAS requests and may direct
   service providers to remove PAS if appropriate. (Note: State and local
   government or private users will apply for PAS through their designated
   State government authorizing agent. Federal users will apply for PAS
   through their employing agency. State and local users in states where
   there has been no designation will be sponsored by the Federal agency
   concerned with the emergency function as set forth in Executive Order
   12656. If no authorizing agent is determined using these criteria, the
   EOP will serve as the authorizing agent.)

   4. Submit all correspondence regarding PAS to the authorizing agent.

   5. Invoke PAS only when CMRS congestion blocks network access and the
   user must establish communications to fulfill an NSEP mission. Calls
   should be as brief as possible so as to afford CMRS service to other
   NSEP users.

   6. Participate in reconciliation and revalidation of PAS information at
   the request of the authorizing agent or the EOP.

   7. Request discontinuance of PAS when the NSEP qualifying criteria used
   to obtain PAS is no longer applicable.

   8. Pay service providers as billed for PAS.

   9. Comply with regulations and procedures that are issued by the EOP
   which are supplemental to and consistent with this appendix.

   e. Service providers who offer any form of priority access service for
   NSEP purposes shall provide that service in accordance with this
   appendix. As currently described in the Priority Access and Channel
   Assignment Standard (IS-53-A), service providers will:

   1. Provide PAS levels 1, 2, 3, 4, or 5 only upon receipt of an
   authorization from the EOP and remove PAS for specific users at the
   direction of the EOP.

   2. Ensure that PAS system priorities supersede any other NSEP priority
   which may be provided.

   3. Designate a point of contact to coordinate with the EOP regarding
   PAS.

   4. Participate in reconciliation and revalidation of PAS information at
   the request of the EOP.

   5. As technically and economically feasible, provide roaming service
   users the same grade of PAS provided to local service users.

   6. Disclose content of the NSEP PAS database only to those having a
   need-to-know or who will not use the information for economic
   advantage.

   7. Comply with regulations and procedures supplemental to and
   consistent with this appendix that are issued by the EOP.

   8. Insure that at all times a reasonable amount of CMRS spectrum is
   made available for public use.

   9. Notify the EOP and the service user if PAS is to be discontinued as
   a service.

   f. The Telecommunications Service Priority Oversight Committee will
   identify and review any systemic problems associated with the PAS
   system and recommend actions to correct them or prevent their
   recurrence.

4. Appeal

   Service users and authorizing agents may appeal any priority level
   assignment, denial, revision or revocation to the EOP within 30 days of
   notification to the service user. The EOP will act on the appeal within
   90 days of receipt. If a dispute still exists, an appeal may then be
   made to the FCC within 30 days of notification of the EOP's decision.
   The party filing the appeal must include factual details supporting its
   claim and must provide a copy of the appeal to the EOP and any other
   party directly involved. Involved parties may file a response to the
   appeal made to the FCC within 20 days, and the initial filing party may
   file a reply within 10 days thereafter. The FCC will provide notice of
   its decision to the parties of record. Until a decision is made, the
   service will remain status quo.

5. PAS Priority Levels and Qualifying Criteria

   The following PAS priority levels and qualifying criteria apply equally
   to all users and will be used as a basis for all PAS assignments. There
   are five levels of NSEP priorities, priority one being the highest. The
   five priority levels are:

   1. Executive Leadership and Policy Makers

   2. Disaster Response/Military Command and Control

   3. Public Health, Safety and Law Enforcement Command

   4. Public Services/Utilities and Public Welfare

   5. Disaster Recovery

   These priority levels were selected to meet the needs of the emergency
   response community and provide priority access for the command and
   control functions critical to management of and response to national
   security and emergency situations, particularly during the first 24 to
   72 hours following an event. Priority assignments should only be
   requested for key personnel and those individuals in national security
   and emergency response leadership positions. PAS is not intended for
   use by all emergency service personnel.

A. Priority 1: Executive Leadership and Policy Makers.

   Users who qualify for the Executive Leadership and Policy Makers
   priority will be assigned priority one. A limited number of CMRS
   technicians who are essential to restoring the CMRS networks shall also
   receive this highest priority treatment. Examples of those eligible
   include:

   (i) The President of the United States, the Secretary of Defense,
   selected military leaders, and the minimum number of senior staff
   necessary to support these officials;

   (ii) State governors, lieutenant governors, cabinet-level officials
   responsible for public safety and health, and the minimum number of
   senior staff necessary to support these officials; and

   (iii) Mayors, county commissioners, and the minimum number of senior
   staff to support these officials.

B. Priority 2: Disaster Response/Military Command and Control

   Users who qualify for the Disaster Response/Military Command and
   Control priority will be assigned priority two. Individuals eligible
   for this priority include personnel key to managing the initial
   response to an emergency at the local, state, regional and federal
   levels. Personnel selected for this priority should be responsible for
   ensuring the viability or reconstruction of the basic infrastructure in
   an emergency area. In addition, personnel essential to continuity of
   government and national security functions (such as the conduct of
   international affairs and intelligence activities) are also included in
   this priority. Examples of those eligible include:

   (i) Federal emergency operations center coordinators, e.g., Manager,
   National Coordinating Center for Telecommunications, National
   Interagency Fire Center, Federal Coordinating Officer, Federal
   Emergency Communications Coordinator, Director of Military Support;

   (ii) State emergency Services director, National Guard Leadership,
   State and Federal Damage Assessment Team Leaders;

   (iii) Federal, state and local personnel with continuity of government
   responsibilities;

   (iv) Incident Command Center Managers, local emergency managers, other
   state and local elected public safety officials; and

   (v) Federal personnel with intelligence and diplomatic
   responsibilities.

C. Priority 3: Public Health, Safety, and Law Enforcement Command

   Users who qualify for the Public Health, Safety, and Law Enforcement
   Command priority will be assigned priority three. Eligible for this
   priority are individuals who direct operations critical to life,
   property, and maintenance of law and order immediately following an
   event. Examples of those eligible include:

   (i) Federal law enforcement command;

   (ii) State police leadership;

   (iii) Local fire and law enforcement command;

   (iv) Emergency medical service leaders;

   (v) Search and rescue team leaders; and

   (vi) Emergency communications coordinators.

D. Priority 4: Public Services/Utilities and Public Welfare

   Users who qualify for the Public Services/Utilities and Public Welfare
   priority will be assigned priority four. Eligible for this priority are
   those users whose responsibilities include managing public works and
   utility infrastructure damage assessment and restoration efforts and
   transportation to accomplish emergency response activities. Examples of
   those eligible include:

   (i) Army Corps of Engineers leadership;

   (ii) Power, water and sewage and telecommunications utilities; and

   (iii) Transportation leadership.

E. Priority 5: Disaster Recovery

   Users who qualify for the Disaster Recovery priority will be assigned
   priority five. Eligible for this priority are those individuals
   responsible for managing a variety of recovery operations after the
   initial response has been accomplished. These functions may include
   managing medical resources such as supplies, personnel, or patients in
   medical facilities. Other activities such as coordination to establish
   and stock shelters, to obtain detailed damage assessments, or to
   support key disaster field office personnel may be included. Examples
   of those eligible include:

   (i) Medical recovery operations leadership;

   (ii) Detailed damage assessment leadership;

   (iii) Disaster shelter coordination and management; and

   (iv) Critical Disaster Field Office support personnel.

6. Limitations

   PAS will be assigned only to the minimum number of CMRS services
   required to support an NSEP function. The Executive Office of the
   President may also establish limitations upon the relative numbers of
   services that may be assigned PAS or the total number of PAS users in a
   serving area. These limitations will not take precedence over laws or
   executive orders. Limitations established shall not be exceeded.

   [ 65 FR 48396 , Aug. 8, 2000]

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