47 U.S.C. § 902 : US Code - Section 902: Establishment; assigned functions

Search 47 U.S.C. § 902 : US Code - Section 902: Establishment; assigned functions

(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.
(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.