Part

(a) Authority to prescribe restoration priority procedures for departments and agencies of the Federal Government is contained in Executive Order 10995 (27 F.R. 1519; 3 CFR, 1959-63, Comp. p. 535, as amended, 28 F.R. 1531; 3 CFR, 195963, Comp. p. 719), and the President's National Communications System Memorandum of August 21, 1963 (28 F.R. 9413).

(b) These procedures are applicable to the communications common carriers and non-Federal Government users under the President's authority contained in subsection 606(a) of the Communications Act of 1934, as amended. The au

(a) The purpose of this part is to set forth the procedures under which Government and certain private entities will have available a system of priorities to insure that leased intercity private line services vital to the national interest will be maintained, to the maximum extent possible, during emergency conditions.

(b) The Director of Telecommunications Management (DTM) and the Federal Communications Commission (FCC) have agreed upon a system of priorities applicable to leased intercity private line services and are concurrently promulgating a Director of Telecommunications Management Order to all departments and agencies of the Federal Government and a Commission order applicable to communications common carriers.

The priority system

and procedures contained in the DTM and FCC Orders are intended to be identical and any differences in terminology arise from differences in the legal authorities of the DTM and the FCC. The provisions of these orders shall be read and construed to effectuate a single priorities system concurrently promulgated under the respective authority of

(a) "Circuit" means the carrier's specific designation of the overall facilities provided between, and including, terminals for furnishing of service. When the service involves network switching, “circuit" includes those circuits between subscriber premises and switching centers (access lines) and those between switching centers (trunks).

(b) "Government" when used alone means Federal, Foreign, State, County, or Municipal Government agencies. Specific reference will be made whenever it is intended that leased intercity private line services of a particular level of government are meant; e.g., "Federal Government," "Foreign Government," and similar elements. The term "Foreign Government" shall include coalitions of governments such as NATO, SEATO, OAS, UN and Associations of Governments or Government Agencies such as Pan American Union, International Postal Union, International Monetary Fund and similar elements.

(c) "Private Line Service" means the leased intercity private line service provided by U.S. carriers engaged in the provision of domestic and/or international telecommunications for intercity communication purposes of customers over integrated communication pathways, including interexchange facilities, local channels and station equipments which are integral components of intercity private line services between specific locations.

(d) "Restoration" means the recommencement of leased intercity private line service by patching, rerouting, substitution of component parts, or as otherwise determined by the carrier(s) involved.

(e) "Service" is used interchangeably

with the term "circuit".

(f) "Station" means the transmitting or receiving equipment, or combination

transmitting and receiving equipment, at any location on any premise, connected for private line service.

(g) "National Communications System (NCS)" refers to that system established by the President's Memorandum of August 21, 1963, subject: "Establishment of a National Communications System" (28 F.R. 9413).

§201.4 Policies.

The communications common carriers will honor this priority system both as to maintaining leased intercity private line service for essential users and in restoring such private line service if it should be interrupted. Carriers are expected to incorporate this system into their day-to-day operations. In fulfilling this requirement, the following principles will be applied:

(a) When necessary, in order to resume a service having a given priority. services having lower priorities will be interrupted in the reverse order of priority, starting with nonpriority services. In the event that nonpriority or lower priority leased intercity private line circuits are interrupted to restore higher priority services, the communications common carriers will, when taking such circuits, endeavor, if feasible, to notify the user, giving him the reason(s) for the preemption. In the event that message telephone circuits are used to satisfy a requirement for priority leased intercity private line service, idle message circuits will be selected first. Communications common carriers will not normally interrupt conversations having a priority classification. It is recognized that, as a practical matter, in providing for the restoration of a priority service, or services operating within a multiple circuit type of facility (such as a carrier band, cable or multiplex system), lower priority or nonpriority services on para!lel channels within the band or system may enjoy restoration as well. Reactivation of such lower priority or nonpriority services resulting therefrom shall not, however, interfere with the expeditious restoration of priority service.

(b) Prior to a state of war or a national emergency as proclaimed by the President, it is contemplated that the application of this system of priorities by the communications common carriers will not normally require the preemption of other leased intercity private line services. If preemption is required during

such normal times, the communications common carriers will restore interrupted services in the order of priority set forth in this part.

(c) The priority system and procedures described herein are applicable to: (1) U.S. domestic leased intercity private line services, including private line switched network services.

(2) U.S. international leased private line services to the point of foreign entry.

(3) Foreign extensions of U.S. international leased private line services to the extent possible by agreement between U.S. communications common carriers wherein arrangements exist for the restoration by foreign correspondents of United States Government leased private line extensions.

(4) International leased private line services terminating in or transiting the United States.

(d) The priority system and procedures described herein are not applicable to operational circuits or order wires of the communications common carriers (hereinafter referred to as carriers). Such circuits, as are needed, for circuit reactivation and maintenance purposes have priority of restoration over all other circuits and are exempt from interruption for the purpose of restoring other priority services.

This part establishes four levels of restoration priorities. These are as follows:

(a) Priority 1. This priority shall be afforded only to Federal and Foreign Government private line services and to those Industrial/Commercial private line services which are earmarked for prearranged voluntary participation with the Federal Government in an emergency. Services in this category will be those minimum private line circuit requirements whose fulfillment is essential to national survival under conditions ranging from national emergencies to international crises, including nuclear attack. Circuit requirements in this category would be strictly limited to only those essential to national survival if nuclear attack occurs for:

(1) Obtaining or disseminating critical intelligence concerning the attack, or maintaining the internal security of the United States.

(2) Conducting diplomatic negotiations critical to the arresting or limiting of hostilities.

(3) Executing command and control of military forces essential to defense and retaliation.

(4) Giving warning to the U.S. population.

(5) Maintaining Federal Government functions essential to national survival during nuclear attack conditions.

(b) Priority 2. This priority shall be afforded only to those additional Federal and Foreign Government private line services and to those additional Industrial/Commercial private line services which are earmarked for prearranged voluntary participation with the Federal Government in an emergency. Services in this category will be strictly limited to those minimum additional private line circuit requirements whose fulfillment is essential at a time when nuclear attack threatens for the maintenance of an optimum defense posture and giving civil alert to the U.S. population. These are circuit requirements which if unfilled for even a matter of a few minutes would offer serious danger of:

(1) Reducing significantly the preparedness of U.S. defense and retaliatory forces.

(2) Affecting adversely the ability of the United States to conduct critical preattack diplomatic negotiations to reduce or limit the threat of war.

(3) Interfering with the effectual direction of the U.S. population in the interest of civil defense and survival.

(4) Weakening U.S. capability to accomplish critical national internal security functions.

(5) Inhibiting the provision of essential Federal Government functions necessary to meet a preattack situation.

(c) Priority 3. This priority will be afforded to those additional minimum government, quasi-government, and Industrial/Commercial customer private line circuit requirements whose early restoration is necessary in maintaining the U.S. military defense and diplomatic postures, maintenance of law and order, and the health and safety of the U.S. population in time of any serious national emergency involving heightened possibility of hostilities. Services in this category will be strictly limited to such activities as:

(1) Critical logistic functions, public utility services, and administrative military support functions.

(2) Informing key diplomatic posts of the situation and U.S. intentions.

(3) Securing and disseminating intelligence of less criticality than that requiring Priority 1 and Priority 2 circuits.

(4) Distribution of essential food and other supplies critical to health.

(5) Providing for critical damage control functions.

(6) Providing for hospitalization. (7) Continuity of critical Government functions.

(8) Transportation to accomplish the foregoing.

(9) Industrial / Commercial, State, County and Municipal, and quasi-State and local government agency circuit requirements in Priority 3 will be further limited to those which during an emergency are needed for operations on a 24 hour-a-day, 7 days-a-week basis. At least one station in the circuit, or connected circuits if switched service is involved, will be manned continually during such periods of operation. Those stations at which personnel are in attendance must be in locations which have a fallout protection factor of 1001 or better.

customer

(d) Priority 4. This priority will be afforded only to those additional minimum Government, quasi-government and Industrial/Commercial private line circuit requirements whose early restoration is necessary during any national emergency for the maintaining of public welfare and the national economic posture. Included in this category would be only those for continuing our more important financial, economic, health and safety activities in a condition short of nuclear attack or during reconstitution after attack. Industrial/ Commercial, State, County, Municipal and quasi-State and local government agencies circuit requirements in Priority 4 will be afforded only to those which during an emergency are needed for operations on a 24 hours-a-day, 7 days-aweek basis. At least one station in the circuit, or connected circuits if switched service is involved, will be manned continually during such period of operation. Those stations at which personnel are in attendance must be in locations which

1 A Directory of Qualified Fallout Shelter Analysts (Department of Defense/Office of Civil Defense Document FG-F-1.2) is available at the Headquarters of State and Local Civil Defense Directors or may be obtained from the Government Printing Office, Washington, D.C.

(a) For certification to common carriers, circuit requirement restoration priorities are divided into two groups:

(1) Group A. Circuit requirements certified to the communications common carriers by the Executive Agent of the National Communications System (NCS) or his designated representative. This includes National Communications System and other Federal and Foreign Government circuit requirements.

(2) Group B. Circuit requirements certified to the communications common carriers by the Federal Communications Commission (FCC). This includes circuit requirements of State, County, and municipal Governments, and quasi-State and local government agencies and essential Industrial/Commercial activities.

(b) The following pertains to Group A circuit requirements processing:

(1) All Federal Government departments, agencies, and quasi-Federal Government agencies, whether or not components of the NCS, shall submit requests for restoration priority assignments directly to the Executive Agent, National Communications System (NCS), for approval and further processing. Such submissions shall be in the format prescribed by the Executive Agent of the National Communications System.

(2) Except for NATO and NATO national military authority circuit requirements and certain other requirements which may be specifically exempted, foreign government activities shall submit circuit requirement requests for restoration priority assignments to the Department of State for approval. The Department of State shall refer approved foreign government circuit requirement requests and recommended restoration priority assignments to the Executive Agent, National Communications System for further processing.

(3) NATO and NATO national military authority circuit requirement requests for restoration priority assignments to, or within, the United States shall be forwarded through established Allied Long Lines Agency (ALLA) communications processing channels to the Secretary of Defense. The Secretary of Defense shall process such requests in consonance with approved NATO US. procedures for subsequent processing by