Appendix B to Part 64 - Priority Access Service (PAS) for National Security and Emergency Preparedness (NSEP)
47:3.0.1.1.11.34.15.9.3 : Appendix B
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authority may be superseded by the war emergency powers of the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(2) For use in the event this appendix is superseded by the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]