§ 902. Establishment; assigned functions

4,219 words·~19 min read·/usc/title-47/section-902

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(a)Establishment

(1)Administration There shall be within the Department of Commerce an administration to be known as the National Telecommunications and Information Administration.

(2)Head of administration The head of the NTIA shall be an Assistant Secretary of Commerce for Communications and Information, who shall be appointed by the President, by and with the advice and consent of the Senate.

(b)Assigned functions

(1)In general Subject to section 904(d) of this title, the Secretary shall assign to the Assistant Secretary and the NTIA responsibility for the performance of the Secretary’s communications and information functions.

(2)Communications and information functions Subject to section 904(d) of this title, the functions to be assigned by the Secretary under paragraph

(1)include (but are not limited to) the following functions transferred to the Secretary by Reorganization Plan Number 1 of 1977 and Executive Order 12046:

(A)The authority delegated by the President to the Secretary to assign frequencies to radio stations or classes of radio stations belonging to and operated by the United States, including the authority to amend, modify, or revoke such assignments, but not including the authority to make final disposition of appeals from frequency assignments.

(B)The authority to authorize a foreign government to construct and operate a radio station at the seat of Government of the United States, but only upon recommendation of the Secretary of State and after consultation with the Attorney General and the Chairman of the Commission.

(C)Functions relating to the communications satellite system, including authority vested in the President by section 201(a) of the Communications Satellite Act of 1962 (47 U.S.C. 721(a)) and delegated to the Secretary under Executive Order 12046, to—

(i)aid in the planning and development of the commercial communications satellite system and the execution of a national program for the operation of such a system;

(ii)conduct a continuous review of all phases of the development and operation of such system, including the activities of the Corporation;

(iii)coordinate, in consultation with the Secretary of State, the activities of governmental agencies with responsibilities in the field of telecommunications, so as to ensure that there is full and effective compliance at all times with the policies set forth in the Communications Satellite Act of 1962 [47 U.S.C. 701 et seq.];

(iv)make recommendations to the President and others as appropriate, with respect to steps necessary to ensure the availability and appropriate utilization of the communications satellite system for general governmental purposes in consonance with section 201(a)(6) of the Communications Satellite Act of 1962 (47 U.S.C. 721(a)(6)); 1

(v)help attain coordinated and efficient use of the electromagnetic spectrum and the technical compatibility of the communications satellite system with existing communications facilities both in the United States and abroad;

(vi)assist in the preparation of Presidential action documents for consideration by the President as may be appropriate under section 201(a) of the Communications Satellite Act of 1962 (47 U.S.C. 721(a)), make necessary recommendations to the President in connection therewith, and keep the President informed with respect to the carrying out of the Communications Satellite Act of 1962 [47 U.S.C. 701 et seq.]; and

(vii)serve as the chief point of liaison between the President and the Corporation.

(D)The authority to serve as the President’s principal adviser on telecommunications policies pertaining to the Nation’s economic and technological advancement and to the regulation of the telecommunications industry.

(E)The authority to advise the Director of the Office of Management and Budget on the development of policies relating to the procurement and management of Federal telecommunications systems.

(F)The authority to conduct studies and evaluations concerning telecommunications research and development and concerning the initiation, improvement, expansion, testing, operation, and use of Federal telecommunications systems and advising agencies of the results of such studies and evaluations.

(G)Functions which involve—

(i)developing and setting forth, in coordination with the Secretary of State and other interested agencies, plans, policies, and programs which relate to international telecommunications issues, conferences, and negotiations;

(ii)coordinating economic, technical, operational, and related preparations for United States participation in international telecommunications conferences and negotiations; and

(iii)providing advice and assistance to the Secretary of State on international telecommunications policies to strengthen the position and serve the best interests of the United States in support of the Secretary of State’s responsibility for the conduct of foreign affairs.

(H)The authority to provide for the coordination of the telecommunications activities of the executive branch and assist in the formulation of policies and standards for those activities, including (but not limited to) considerations of interoperability, privacy, security, spectrum use, and emergency readiness.

(I)The authority to develop and set forth telecommunications policies pertaining to the Nation’s economic and technological advancement and to the regulation of the telecommunications industry.

(J)The responsibility to ensure that the views of the executive branch on telecommunications matters are effectively presented to the Commission and, in coordination with the Director of the Office of Management and Budget, to the Congress.

(K)The authority to establish policies concerning spectrum assignments and use by radio stations belonging to and operated by the United States.

(L)Functions which involve—

(i)developing, in cooperation with the Commission, a comprehensive long-range plan for improved management of all electromagnetic spectrum resources;

(ii)performing analysis, engineering, and administrative functions, including the maintenance of necessary files and data bases, as necessary for the performance of assigned functions for the management of electromagnetic spectrum resources;

(iii)conducting research and analysis of electromagnetic propagation, radio systems characteristics, and operating techniques affecting the utilization of the electromagnetic spectrum in coordination with specialized, related research and analysis performed by other Federal agencies in their areas of responsibility; and

(iv)conducting research and analysis in the general field of telecommunications sciences in support of assigned functions and in support of other Government agencies.

(M)The authority to conduct studies and make recommendations concerning the impact of the convergence of computer and communications technology.

(N)The authority to coordinate Federal telecommunications assistance to State and local governments.

(O)The authority to conduct and coordinate economic and technical analyses of telecommunications policies, activities, and opportunities in support of assigned functions.

(P)The authority to contract for studies and reports relating to any aspect of assigned functions.

(Q)The authority to participate, as appropriate, in evaluating the capability of telecommunications resources, in recommending remedial actions, and in developing policy options.

(R)The authority to participate with the National Security Council and the Director of the Office of Science and Technology Policy as they carry out their responsibilities under sections 4–1, 4–2, and 4–3 of Executive Order 12046, with respect to emergency functions, the national communication system, and telecommunications planning functions.

(S)The authority to establish coordinating committees pursuant to section 10 of Executive Order 11556.

(T)The authority to establish, as permitted by law, such interagency committees and working groups composed of representatives of interested agencies and consulting with such departments and agencies as may be necessary for the effective performance of assigned functions.

(U)The responsibility to promote the best possible and most efficient use of electromagnetic spectrum resources across the Federal Government, subject to and consistent with the needs and missions of Federal agencies.

(3)Additional communications and information functions In addition to the functions described in paragraph (2), the Secretary under paragraph (1)—

(A)may assign to the NTIA the performance of functions under section 504(a) of the Communications Satellite Act of 1962 (47 U.S.C. 753(a));

(B)shall assign to the NTIA the administration of the Public Telecommunications Facilities Program under sections 390 through 393 of this title, and the National Endowment for Children’s Educational Television under section 394 of this title; and

(C)shall assign to the NTIA responsibility for providing for the establishment, and overseeing operation, of a second-level Internet domain within the United States country code domain in accordance with section 941 of this title.

(Pub. L. 102–538, title I, § 103, Oct. 27, 1992, 106 Stat. 3534; Pub. L. 107–317, § 3, Dec. 4, 2002, 116 Stat. 2767; Pub. L. 112–96, title VI, § 6410, Feb. 22, 2012, 126 Stat. 234.)

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