2. Cancellation. Defense Mobilization Order IX-4 "Procedures for Obtaining Telecommunications Resources During, or for Use During, a National Emergency" dated November 6, 1958 (23 F.R. 9027) is hereby superseded.

3. Authority. These procedures are applicable under the President's authority contained in subsection 305 (a) and subsections 606 (a), (c), and (d) of the Communications Act of 1934, as amended.

a. The authority under subsection 305(a) has been delegated by Executive Order 10995, as amended, to the Director, Office of Emergency Planning, who in turn, has redelegated it to the Director of Telecommunications Management.

b. The authority under subsection 606(a) has been delegated by Executive Order 10705, as amended, to the Director, Office of Emergency Planning, who in turn, has redelegated it to the Director of Telecommunications Management. The authority may be exercised only during the continuance of a war in which the United States is engaged.

c. The authority under subsections 606 (c) and (d) has been delegated by Executive Order 10705, as amended, to the Director, Office of Emergency Planning, who in turn has redelegated it to the Director of Telecommunications Management. This authority may be exercised only upon proclamation by the President that there exists a state of war involving the United States.

4. Scope. These procedures are applicable to the elements of national telecommunication set forth in the following Annexes to this Order:

a. Annex 1-Radio Frequencies.

b. Annex 2-International Telecommunication Services.

c. Annex 3-Domestic (Common Carrier) Telecommunication Services.

and 10995, as amended, will be applied by the Director of Telecommunications Management in accordance with the delegation to him of such authority.

6. National Defense Policy. It shall be the policy of the United States in time of war or national emergency, as proclaimed by the President to have available to the Government of the United States the total telecommunication resources of the Nation for utilization with due regard to the extent of the war or emergency and to the continuing operation of services considered to be essential or desirable for the welfare and interest of the United States during such a time.

ANNEX 1-PROCEDURES For CoordinaTION OF AND APPLICATION FOR RADIO FREQUENCIES, AND THEIR ASSIGNMENT TO FEDERAL GOVERNMENT AGENCIES DURING THE CONTINUANCE OF A WAR IN WHICH THE UNITED STATES IS ENGAGED AND/OR DURING THE DISPERSAL OF FEDERAL GOVERNMENT AGENCIES TO EMERGENCY RELOCATION SITES

1. Purpose. The purpose of this Annex is to provide specific guidance to those agencies which may have need for the use or assignment of radio frequencies during the continuance of a war in which the United States is engaged and/or when Government agencies are operating from emergency relocation sites.

2. Scope. The use of radio frequencies between 10 kc/s and 100,000 Mc/s during the continuance of a war in which the United States is engaged will be governed by the Director of Telecommunications Management pursuant to the delegated authority cited in Defense Mobilization Order 3000.1.

These procedures are applicable to all use of radio frequencies between 10 kc/s and 100,000 Mc/s during the continuance of a war in which the United States is engaged, and to the coordination, application, and assignment pertaining thereto.

These procedures do not supersede or revise the provisions and procedures contained in mobilization plans for the use of radio frequencies.

3. Assumptions. During the continuance of a war involving attack upon the United States or during a period when Government agencies are operating from emergency relocation sites, it probably would not be practicable for the Interdepartment Radio Advisory Committee (IRAC) to continue to function as a

committee as heretofore. In that event, in the immediate post-attack period, new or revised assignments of radio frequencies will be made by the Director of Telecommunications Management under authority delegated by the President.

4. Activation. These procedures shall be applied in the coordination, application for and assignment of radio frequencies upon order of the Director of Telecommunications Management. Such an order may be issued by the Director of Telecommunications Management in advance of an emergency or proclamation, as a contingent order to become effective upon Presidential proclamation or upon attack.

5. Implementation. These procedures will be implemented within the framework of the following conditions:

a. The United States will continue to adhere in principle to the International Telecommunication Union (ITU) Radio Regulations. Reliance will be placed on Paragraph 115, Article 3 of the Geneva 1959 Radio Regulations and Article 50 of the Geneva 1959 Convention for the conduct of radio operations which could not be carried on otherwise in accordance with the ITU Table of Frequency Allocations.

b. The United States will continue the policy that a basic guide to follow in the normal assignment and use of radio frequencies for transmission purposes is the avoidance of harmful interference. The avoidance of harmful interference is the responsibility of each frequency assignment authority and each user of frequencies. Each user of frequencies is responsible for determining whether prior coordination is necessary and for carrying out appropriate coordination before taking a frequency into use.

c. All outstanding authorizations by the Interdepartment Radio Advisory Committee (IRAC) to Government radio stations will remain in effect unless ordered otherwise by the Director of Telecommunications Management.

d. Rules and regulations of the Federal Communications Commission (FCC) pertaining to the use of radio frequencies will remain in effect unless ordered otherwise by the Director of Telecommunications Management.

e. The Director of Telecommunications Management will: (1) Publish and distribute, insofar as it is practicable, policies, standards, instructions, procedures, and information on frequency usage for the guidance of all concerned.

(2) Receive requests for assignment of frequencies, review such requests, accomplish necessary additional coordination, consider all pertinent views and comments on proposed uses of frequencies and grant or deny, as appropriate, the assignment of such frequencies.

(3) Monitor the frequency coordination process and expedite as necessary.

(4) Adjudicate conflicting requests for frequencies or conflicting comments on proposed frequency usage.

(5) Inform promptly all agencies of decisions.

f. Because the technically complex task of coordinating and assigning radio frequencies can be performed more effectively by the highly skilled individuals normally representing their agencies on the IRAC Frequency Assignment Subcommittee (FAS) than by less experienced persons, it is planned by mutual agreement with the agencies concerned, that the Government agencies will detail their FAS representatives to the Director of Telecommunications Management immediately upon engagement in a war, to assist in the assignment of frequencies.

6. Procedures. a. U.S. Federal Government agencies, including the Military Services in instances not provided for otherwise, and non-Government entities having need for assignment of frequencies for new or additional radio operations or for modification of outstanding authorizations which would involve a change in the frequency usage pattern, shall present such requirements, together with nominated frequencies and a statement of coordination accomplished, in accordance with the following procedures:

(1) The United States, its territories and possessions and the Commonwealth of Puerto Rico:

(a) Federal Government agencies: U.S. Federal Government agencies, including the Military Services in instances not provided for otherwise, shall present their requirements, together with nominated frequencies and a statement of coordination accomplished, to the Director of Telecommunications Management. Necessary coordination with other users of radio will be accomplished insofar as practicable before presenting such requirements.

The Department of Defense will keep the Director of Telecommunications Management informed of military use of

radio frequencies under delegated or broad assignment authority.

(b) Non-Government entities: NonGovernment entities will continue, as heretofore, to present applications to the Federal Communications Commission (FCC).

(2) United States Theaters of Operation: (a) All requests for assignment, coordination, and use of radio frequencies within U.S. Theaters of Operation (world-wide, including the Continental United States, its territories and possessions and the Commonwealth of Puerto Rico) shall be in accordance with procedures prescribed by the Secretary of Defense.

(b) The procedures established by the Secretary of Defense for use in U.S. Theaters of Operations will include provisions for appropriate coordination of proposed frequency usage with the Director of Telecommunications Management and with other U.S. Flag use of frequencies in exterritorial areas.

(3) Exterritorial areas: (a) All U.S. flag use of radio frequencies in exterritorial areas shall be coordinated with the Director of Telecommunications Management and with other U.S. Flag use of frequencies by the entity responsi ble for the radio operation.

(b) The Department of State will coordinate with the Director of Telecommunications Management before concurring in the use or change of use of frequencies by U.S. common carriers operating in exterritorial areas.

(c) The Department of the Interior will coordinate with the Director of Telecommunications Management before authorizing the use or change of use of frequencies in the Trust Territory of the Pacific Islands.

(d) The Department of Defense will coordinate with the Director of Telecommunications Management concerning the use or change of use of frequencies in the Panama Canal Zone.

(e) The United States Information Agency will coordinate with the Director of Telecommunications Management, with U.S. Theater Commanders, and with host countries before taking frequencies between 5 and 27 Mc/s into use for broadcast purposes.

b. Requests for frequency assignment: (1) Requests by Government agencies for frequency assignments will be submitted in the format of Form OEP 88 (rev. May 1962) normally used in applying to the IRAC.

(a) In applications by mail or pouch Form 88 will be completed in its entirety and submitted in duplicate. The prior coordination effected with interested agencies and their comments will be indicated thereon. The applicant will address a copy of the request, insofar as it is practicable, to each interested agency, indicating on the submission to the Director of Telecommunications Management the distribution attempted.

(b) In applications by telephone or teletype message, Form 88 will be used as a guide. Information about interagency coordination effected will be inIcluded in the message.

c. Interagency coordination: (1) Interagency coordination of requests for assignment of frequencies may be initiated by the applicant or by the Director of Telecommunications Management in writing or by means of electrical communication. In instances where the applicant is unable to communicate with interested agencies or agency response has not been indicated on the application, the Director of Telecommunications Management will try to accomplish the coordination.

(2) Each agency requested to comment on a proposed assignment will respond within 24 hours giving final comments or requesting additional time. Request for additional time will be accompanied by the reason for delay. Requests for coordination will be acted on in keeping with the urgency indicated in the request.

(3) Agency comments on frequency requests by other agencies will be constructive in nature and realistic in light of the situation. Frequency sharing, on a time or geographical basis, will be followed wherever practicable. Alternate frequencies will be suggested when use of the nominated frequency is considered to be impractical. Reasons for nonconcurrence in a proposal will be given. Each agency commenting will address comments to each agency addressed in the initial request.

(4) Coordination necessary with Theaters of Operation or the Military Services of our Allies will be accomplished, as appropriate, by the Department of Defense without specific request other than the initial coordination request to the Department.

(5) Coordination necessary for U.S. Flag use in exterritorial areas, except in U.S. Theaters of Operation, will be accomplished by the interested U.S. Gov

ernment agency with the Director of Telecommunications Management, with other U.S. Government agencies in exterritorial areas, and host countries likely to be affected, through channels of communication usually employed.

(6) The coordination process will be monitored by the Director of Telecommunications Management and expedited as necessary.

between

(7) Direct communication Frequency Coordinators of the Government departments and agencies on technical matters involved in coordination of frequencies is authorized. Communications concerned with frequency coordination matters should be addressed to the department or agency, making use of internal address indicators.

(8) The agency making the final decision in the use of a frequency, normally the Director of Telecommunications Management, shall inform all agencies who have participated in the coordination of a particular frequency use, or have a need-to-know, of that decision.

d. Assignment of frequencies: (1) The Director of Telecommunications Management will review requests for assignment of frequencies, accomplish necessary additional coordination, consider all pertinent views and comments on the proposed uses of frequencies, and grant or deny, as appropriate, the assignment of such frequencies.

(2) All concerned will be informed promptly of decisions by the Director of Telecommunications Management.

7. Termination. Use of these procedures will be terminated when the Director of Telecommunications Management directs the IRAC to resume its functioning.

Management pursuant to the delegated authority cited in the basic Defense Mobilization Order.

These procedures provide a method for the submission of wartime requirements for telecommunication channels between the United States, its territories and possessions and the Commonwealth of Puerto Rico and overseas or foreign points which are intended for satisfaction by employment of other than Government-owned facilities.

Although in this Annex, they are keyed to the mobilization planning effort, the same procedures will continue in effect during an emergency after mobilization plans may have been implemented. In so doing, the processing of stated requirements will be for the purpose of immediate satisfaction and activation, rather than for inclusion in mobilization plans.

These procedures do not supersede or revise the provisions and procedures contained in mobilization plans for the use of international telecommunication channels.

3. General procedure. U.S. Federal Government agencies having need for the telecommunication facilities which fall into the above category for use in the event of an emergency shall present such requirements in peacetime to the Director of Telecommunications Management for coordination and inclusion in national mobilization plans.

4. Department of Defense. The Department of Defense will assume the responsibility for reviewing and coordinating the method of satisfying and funding for all military requirements for channels of communication such as heretofore outlined, including military requirements for overseas bases, NATO, SEATO and other foreign countries.

The Department of Defense will approve all such requirements prior to transmittal for consideration.

5. Department of State. The Department of State will assume the responsibility of receiving, reviewing for completeness and appropriateness, including funding, any requirements other than military falling within the aforementioned categories and emanating from foreign countries.

The Department of State will approve all such requirements prior to transmittal for consideration.

6. Others. In an emergency those entities other than U.S. Federal Govern

ment agencies, having need for the telecommunication facilities which fall into the above category shall present their requirements to the common carrier that would normally provide the service.

The common carrier on whom the demand for service has been placed, will, in turn, refer the request to the Director of Telecommunications Management via the Federal Communications Commission, for consideration.

7. Director of Telecommunications Management. The Director of Telecommunications Management will assume the responsibility for coordinating, and integrating when practicable within national mobilization plans, requirements under the foregoing categories which are presented to him, making use of the knowledge, information and advice of the Federal Communications Commission in the process of satisfying requirements which have been presented, with due regard for the facilities which must remain under the control of the commercial companies and those which must be generally available to the public and the Government in the degree considered necessary.

ANNEX 3-PROCEDURES FOR OBTAINING DOMESTIC (COMMON CARRIER) TELECOMMUNICATION SERVICE FOR USE DURING A NATIONAL EMERGENCY

1. Scope. The principle which has been followed in establishing a procedure for the utilization of the Nation's domestic telephone and telegraph is that the common carrier (Bell System, Independents, Western Union) is the only entity physically capable of satisfying demands for nationwide service. Consequently, demands for domestic telecommunication service should always be made initially to the common carrier that normally provides the service.

Based upon this principle, the Government, in cooperation with industry, has completed programs for the priority use of the Nation's telephone and telegraph systems and for the priority resumption of intercity private lines service when interrupted. These programs have been promulgated, are in voluntary use throughout the Nation today, and their application will be mandatory upon Proclamation by the President of the existence of a state of war.

2. Telephone calls and telegraph messages. The Precedence Systems for Public Correspondence telephone calls,

TWX and telegraph messages essential to the national defense and security have been made available on a national basis in order that vital information may be transmitted throughout the country without delay during periods of extreme stress.

The degree of priority to be accorded such public correspondence is furnished to the supplier of service in accordance with the user's interpretation of the degree of urgency. The user will be responsible in any post emergency review for the priorities which he has invoked. The Precedence System for Public Correspondence Message Telephone and TWX Services Essential to the National Defense and Security is set forth in Attachment A.

The Precedence System for Public Correspondence Telegraph Messages Essential to the National Defense and Security is set forth in Attachment B.

3. Resumption of private line service. The Priority System for the Resumption of Intercity Private Line Service provides for a procedure in which certification of a private line within a priority category is made by the user to the common carrier furnishing the service. Certifications, to be effective, must be made in advance and should be maintained in a currently corrected status. These certifications will form the basis upon which a determination may be made to govern the degree of priority under which service is to be restored.

The Priority System for the Resumption of Intercity Private Line Service is set forth in Attachment C.

4. New or additional telephone or private line service. Requests for new or additional telecommunication service, including private line, TWX and telephone service should be submitted directly to the common carrier which normally furnishes the service.

Demands which impinge upon the carrier's ability to furnish essential service, because they would place a strain upon existing manpower, available equipment and other resources needed and consumed in the course of furnishing essential service, will be referred to the Director of Telecommunications Management via the Federal Communications Commission for decision with a certified outline of necessity which will describe the applicant's proposed use of the service requested.