NARA Federal Register Codification Executive Orders www archives gov September 2 2004 Executive Order 12046--Relating to the transfer of telecommunications functions Source The provisions of Executive Order 12046 of Mar 27 1978 appear at 43 FR 13349 3 CFR 1978 Comp p 158 unless otherwise noted By virtue of the authority vested in me by the Constitution and laws of the United States of America including Section 7 of Reorganization Plan No 1 of 1977 42 FR 56101 October 21 1977 the authority and control vested in the President by Section 2 of Executive Order No 11556 as amended Section 202 of the Budget and Accounting Procedures Act of 1950 31 U S C 581c and Section 301 of Title 3 of the United States Code and as President of the United States of America in order to provide for the transfer of certain telecommunications functions it is hereby ordered as follows Section 1 Reorganization Plan 1-1 Implementation of Reorganization Plan 1-101 The transfer of all the functions of the Office of Telecommunications Policy and of its Director as provided by Section 5B of Reorganization Plan No 1 of 1977 42 FR 56101 is hereby effective 1-102 The abolition of the Office of Telecommunications Policy as provided by Section 3C of Reorganization Plan No 1 of 1977 is hereby effective 1-103 The establishment of an Assistant Secretary for Communications and Information Department of Commerce as provided by Section 4 of Reorganization Plan No 1 of 1977 is hereby effective 1-2 Telecommunications Function 1-201 Prior to the effective date of Reorganization Plan No 1 of 1977 the Office of Telecommunications Policy and its Director had the functions set forth or referenced by 1 Section 1 of Reorganization Plan No 1 of 1970 5 U S C App II 2 Executive Order No 11556 of September 4 1970 as amended 47 U S C 305 note 3 Executive Order No 11191 of January 4 1965 as amended 47 U S C 721 note 4 Executive Order No 10705 of April 17 1957 as amended 47 U S C 606 note and 5 Presidential Memorandum of August 21 1963 as amended by Executive Order No 11556 and entitled Establishment of the National Communications System 1-202 So much of those functions which relate to the preparation of Presidential telecommunications policy options or to the disposition of appeals from assignments of radio frequencies to stations of the United States Government were transferred to the President These functions may be delegated within the Executive Office of the President and the delegations are set forth in this Order at Sections 3-1 through 4-3 http www archives gov federal_register codification gister%20%7C%20Codification%20%7C%20Executive%20Orders 1 of 9 9 2 2004 6 48 48 AM NARA Federal Register Codification Executive Orders 1-203 Those telecommunications functions which were not transferred to the President were transferred to the Secretary of Commerce Functions transferred to the Secretary are set forth in this Order at Sections 2-1 through 2-5 Section 2 Functions Transferred to Commerce 2-1 Radio Frequencies 2-101 The authority of the President to assign frequencies to radio stations or to classes of radio stations belonging to and operated by the United States including the authority to amend modify or revoke such assignments was transferred to the Secretary of Commerce 2-102 This authority which was originally vested in the President by Section 305 a of the Communications Act of 1934 as amended 47 U S C 305 a was transferred and assigned to the Director of the Office of Telecommunications Policy by Section 1 of Reorganization Plan No 1 of 1970 and Section 3 of Executive Order No 11556 2-103 The authority to assign frequencies to radio stations is subject to the authority to dispose of appeals from frequency assignments as set forth in Section 3-2 of this Order 2-2 Construction of Radio Stations 2-201 The authority to authorize a foreign government to construct and operate a radio station at the seat of government of the United States was transferred to the Secretary of Commerce Authorization for the construction and operation of a radio station pursuant to this authority and the assignment of a frequency for its use can be made only upon recommendation of the Secretary of State and after consultation with the Attorney General and the Chairman of the Federal Communications Commission 2-202 This authority which was originally vested in the President by Section 305 d of the Communications Act of 1934 as amended 47 U S C 305 was delegated to the Director of the Office of Telecommunications Policy by Section 5 of Executive Order No 11556 2-3 Communications Satellite System 2-301 Certain functions relating to the communications satellite system were transferred to the Secretary of Commerce Those functions were delegated or assigned to the Director of the Office of Telecommunications Policy by Executive Order No 11191 as amended by Executive Order No 11556 The functions include authority vested in the President by Section 201 a of the Communications Satellite Act of 1962 76 Stat 421 47 U S C 721 a These functions are specifically set forth in the following provisions of this Section a Aid in the planning and development of the commercial communications satellite system and aid in the execution of a national program for the operation of such a system b Conduct a continuous review of all phases of the development and operation of such system including the activities of the Corporation http www archives gov federal_register codification gister%20%7C%20Codification%20%7C%20Executive%20Orders 2 of 9 9 2 2004 6 48 48 AM NARA Federal Register Codification Executive Orders c Coordinate in consultation with the Secretary of State the activities of governmental agencies with responsibilities in the field of telecommunications so as to insure that there is full and effective compliance at all times with the policies set forth in the Act d Make recommendations to the President and others as appropriate with respect to all steps necessary to insure the availability and appropriate utilization of the communications satellite system for general government purposes in consonance with Section 201 a 6 of the Act e 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 f Assist in the preparation of Presidential action documents for consideration by the President as may be appropriate under Section 201 a of the Act make necessary recommendations to the President in connection therewith and keep the President currently informed with respect to the carrying out of the Act g Serve as the chief point of liaison between the President and the Corporation h The Secretary of Commerce shall timely submit to the President each year the report including evaluations and recommendations provided for in Section 404 a of the Act 47 U S C 744 a i The Secretary of Commerce shall coordinate the performance of these functions with the Secretary of State The Corporation and other concerned Executive agencies shall provide the Secretary of Commerce with such assistance documents and other cooperation as will enable the Secretary to carry out these functions 2-4 Other Telecommunications Functions Certain functions assigned subject to the authority and control of the President to the Director of the Office of Telecommunications Policy by Section 2 of Executive Order No 11556 were transferred to the Secretary of Commerce These functions subject to the authority and control of the President are set forth in the following subsections 2-401 The Secretary of Commerce shall 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 2-402 The Secretary of Commerce shall 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 2-403 The Secretary of Commerce shall conduct studies and evaluations concerning telecommunications research and development and concerning the initiation improvement expansion testing operation and use of Federal telecommunications systems The Secretary shall advise appropriate agencies including the Office of Management and Budget of the recommendations which result from such studies and evaluations 2-404 The Secretary of Commerce shall develop and set 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 The Secretary of Commerce shall coordinate economic technical operational and related preparations for United States participation in international telecommunications conferences and negotiations The Secretary shall provide 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 http www archives gov federal_register codification gister%20%7C%20Codification%20%7C%20Executive%20Orders 3 of 9 9 2 2004 6 48 48 AM NARA Federal Register Codification Executive Orders of foreign affairs 2-405 The Secretary of Commerce shall provide for the coordination of the telecommunications activities of the Executive Branch and shall 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 2-406 The Secretary of Commerce shall develop and set forth telecommunications policies pertaining to the Nation's economic and technological advancement and to the regulation of the telecommunications industry 2-407 The Secretary of Commerce shall ensure that the Executive Branch views on telecommunications matters are effectively presented to the Federal Communications Commission and in coordination with the Director of the Office of Management and Budget to the Congress 2-408 The Secretary of Commerce shall establish policies concerning spectrum assignments and use by radio stations belonging to and operated by the United States Agencies shall consult with the Secretary of Commerce to ensure that their conduct of telecommunications activities is consistent with those policies 2-409 The Secretary of Commerce shall develop in cooperation with the Federal Communications Commission a comprehensive long-range plan for improved management of all electromagnetic spectrum resources 2-410 The Secretary of Commerce shall conduct studies and make recommendations concerning the impact of the convergence of computer and communications technology 2-411 The Secretary of Commerce shall coordinate Federal telecommunications assistance to State and local governments except as otherwise provided by Executive Order No 12472 Sec 2-411 amended by Executive Order 12472 of Apr 3 1984 49 FR 13471 3 CFR 1984 Comp p 193 2-412 The Secretary of Commerce shall conduct and coordinate economic and technical analyses of telecommunications policies activities and opportunities in support of assigned responsibilities 2-413 The Secretary of Commerce shall contract for studies and reports related to any aspect of assigned responsibilities 2-414 Revoked Sec 2-414 revoked by Executive Order 12472 of Apr 3 1984 49 FR 13471 3 CFR 1984 Comp p 193 2-5 Consultation Responsibilities 2-501 The authority to establish coordinating committees as assigned to the Director of the Office of Telecommunications Policy by Section 10 of Executive Order No 11556 was transferred to the Secretary http www archives gov federal_register codification gister%20%7C%20Codification%20%7C%20Executive%20Orders 4 of 9 9 2 2004 6 48 48 AM NARA Federal Register Codification Executive Orders of Commerce 2-502 As permitted by law the Secretary of Commerce shall establish such interagency committees and working groups composed of representatives of interested agencies and shall consult with such departments and agencies as may be necessary for the most effective performance of his functions To the extent he deems it necessary to continue the Interdepartment Radio Advisory Committee that Committee shall serve in an advisory capacity to the Secretary As permitted by law the Secretary also shall establish one or more telecommunications advisory committees composed of experts in the telecommunications area outside the Government Section 3 Functions Assigned to the Office of Management and Budget 3-1 Telecommunications Procurement and Management 3-101 The responsibility for serving as the President's principal adviser on procurement and management of Federal telecommunications systems and the responsibility for developing and establishing policies for procurement and management of such systems which responsibilities were assigned to the Director of the Office of Telecommunications Policy subject to the authority and control of the President by Section 2 b of Executive Order No 11556 were transferred to the President 3-102 These functions are delegated to the Director of the Office of Management and Budget 3-2 Radio Frequency Appeals 3-201 The authority to make final disposition of appeals from frequency assignments by the Secretary of Commerce for radio stations belonging to and operated by the United States which authority was vested in the President by Section 305 a of the Communications Act of 1934 47 U S C 305 a and transferred to the Director of the Office of Telecommunications Policy by Reorganization Plan No 1 of 1970 5 U S C App II was transferred to the President 3-202 This function is delegated to the Director of the Office of Management and Budget Section 4 Functions Assigned to the National Security Council and the Office of Science and Technology Policy 4-1 Emergency Functions 4-101 The war power functions of the President under Section 606 of the Communications Act of 1934 as amended 47 U S C 606 which were delegated to the Director of the Office of Telecommunications Policy by the Provisions of Section 4 of Executive Order No 10705 were transferred to the President 4-102 Revoked http www archives gov federal_register codification gister%20%7C%20Codification%20%7C%20Executive%20Orders 5 of 9 9 2 2004 6 48 48 AM NARA Federal Register Codification Executive Orders Sec 4-102 revoked by Executive Order 12472 of Apr 3 1984 49 FR 13471 3 CFR 1984 Comp p 193 4-103 Revoked Sec 4-103 revoked by Executive Order 12472 of Apr 3 1984 49 FR 13471 3 CFR 1984 Comp p 193 4-2 National Communications System 4-201 The responsibility for policy direction of the development and operation of a National Communications System which was assigned to the Director of the Office of Telecommunications Policy by the Presidential Memorandum of August 21 1963 as amended by Executive Order No 11556 was transferred to the President 4-202 Revoked Sec 4-202 revoked by Executive Order 12472 of Apr 3 1984 49 FR 13471 3 CFR 1984 Comp p 193 4-3 Planning Functions 4-301 The function of coordinating the development of policy plans programs and standards for the mobilization and use of the Nation's telecommunications resources in any emergency which function was assigned to the Director of the Office of Telecommunications Policy subject to the authority and control of the President by Section 2 h of the Executive Order No 11556 was transferred to the President 4-302 Revoked Sec 4-302 revoked by Executive Order 12472 of Apr 3 1984 49 FR 13471 3 CFR 1984 Comp p 193 Section 5 Related Telecommunications Functions 5-1 The Department of Commerce 5-101 The Secretary of Commerce shall continue to perform the following functions previously assigned by Section 13 of Executive Order No 11556 a Perform analysis engineering and administrative functions including the maintenance of necessary files and data bases as necessary in the performance of assigned responsibilities for the management of electromagnetic spectrum b Conduct 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 c Conduct research and analysis in the general field of telecommunications sciences in support of assigned functions and in support of other Government agencies http www archives gov federal_register codification gister%20%7C%20Codification%20%7C%20Executive%20Orders 6 of 9 9 2 2004 6 48 48 AM NARA Federal Register Codification Executive Orders 5-102 The Secretary of Commerce shall participate as appropriate in evaluating the capability of telecommunications resources in recommending remedial actions and in developing policy options 5-2 Department of State 5-201 With respect to telecommunications the Secretary of State shall exercise primary authority for the conduct of foreign policy including the determination of United States positions and the conduct of United States participation in negotiations with foreign governments and international bodies In exercising this responsibility the Secretary of State shall coordinate with other agencies as appropriate and in particular shall give full consideration to the Federal Communications Commission's regulatory and policy responsibility in this area 5-202 The Secretary of State shall continue to perform the following functions previously assigned by Executive Order No 11191 as amended a Exercise the supervision provided for in Section 201 a 4 of the Communications Satellite Act of 1962 as amended 47 U S C 721 a 4 be responsible although the Secretary of Commerce is the chief point of liaison for instructing the Communications Satellite Corporation in its role as the designated United States representative to the International Telecommunications Satellite Organizations and direct the foreign relations of the United States with respect to actions under the Communications Satellite Act of 1962 as amended b Coordinate in accordance with the applicable interagency agreements the performance of these functions with the Secretary of Commerce the Federal Communications Commission other concerned Executive agencies and the Communications Satellite Corporation see 47 U S C 731-735 The Corporation and other concerned Executive agencies shall provide the Secretary of State with such assistance documents and other cooperation as will enable the Secretary to carry out these functions 5-3 Federal Emergency Management Agency Revoked Sec 5-3 revoked by Executive Order 12472 of Apr 3 1984 49 FR 13471 3 CFR 1984 Comp p 193 Section 6 General Provisions 6-1 Transfer Provisions 6-101 Deleted Sec 6-101 amended Presidential Memorandum of Aug 21 1963 which was superseded by Executive Order 12472 of Apr 3 1984 6-102 The primary responsibility for performing all administrative support and service functions that are related to functions transferred from the Office of Telecommunications Policy and its Director to the President including those functions delegated or assigned within the Executive Office of the President are 1 transferred to the Office of Administration The Domestic Policy Staff shall perform such functions related http www archives gov federal_register codification gister%20%7C%20Codification%20%7C%20Executive%20Orders 7 of 9 9 2 2004 6 48 48 AM NARA Federal Register Codification Executive Orders to the preparation of Presidential telecommunications policy options as the President may from time to time direct 6-103 The records property personnel and unexpended balances of appropriations available or to be made available which relate to the functions transferred assigned or delegated as provided in this Order are hereby transferred as appropriate 6-104 The Director of the Office of Management and Budget shall make such determinations issue such orders and take all actions necessary or appropriate to effectuate the transfers or reassignments provided in this Order including the transfer to funds records property and personnel 6-2 Amendments In order to reflect the transfers provided by this Order the following conforming amendments and revocations are ordered 6-201 Deleted Sec 6-201 amended Executive Order 11051 of Sept 27 1962 which was revoked by Executive Order 12148 of July 20 1979 6-202 Deleted Sec 6-202 amended Executive Order 11490 of Oct 28 1969 which was revoked by Executive Order 12656 of Nov 18 1988 6-203 Deleted Sec 6-203 amended Executive Order 11725 of June 27 1973 which was revoked by Executive Order 12148 of July 20 1979 6-204 Executive Orders No 10705 as amended No 11191 as amended and No 11556 as amended are revoked 6-3 General 6-301 All Executive agencies to which functions are assigned pursuant to this Order shall issue such rules and regulations as may be necessary to carry them out 6-302 All Executive agencies are authorized and directed to cooperate with the departments and agencies to which functions are assigned pursuant to this Order and to furnish them such information support and assistance not inconsistent with law as they may require in the performance of those functions 6-303 a Nothing in this Order reassigns any functions assigned any agency under the Federal Property and Administrative Services Act of 1949 as amended nor does anything in this Order impair the existing authority of the Administrator of General Services to provide and operate telecommunications services and to prescribe policies and methods of procurement or impair the policy and oversight roles of the Office of Management and Budget http www archives gov federal_register codification gister%20%7C%20Codification%20%7C%20Executive%20Orders 8 of 9 9 2 2004 6 48 48 AM NARA Federal Register Codification Executive Orders b In carrying out the functions in this Order the Secretary of Commerce shall coordinate activities as appropriate with the Federal Communications Commission and make appropriate recommendations to it as the regulator of the private sector Nothing in this Order reassigns any function vested by law in the Federal Communications Commission 6-304 This Order shall be effective March 26 1978 1 Editorial note Redesignated as the Office of Policy Development in 1981 Page URL http www archives gov federal_register codification executive_order 12046 html U S National Archives Records Administration 700 Pennsylvania Avenue NW Washington DC 20408 • 1-86-NARA-NARA • 1-866-272-6272 http www archives gov federal_register codification gister%20%7C%20Codification%20%7C%20Executive%20Orders 9 of 9 9 2 2004 6 48 48 AM