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NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

DOO 25-7: NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
Number: DOO 25-7
Effective Date: 2012-09-17

SECTION 1. PURPOSE.

.01 This Order prescribes the organization and assignment of functions within the National Telecommunications and Information Administration (NTIA). The functions and scope of authority of NTIA are set forth in Department Organizational Order 10-10.

.02 This revision: establishes the Office of Public Safety Communications; establishes the First Responder Network Authority (FirstNet); specifies those duties of the Office of Policy Coordination and Management that relate to FirstNet; and updates the organization chart.

SECTION 2. ORGANIZATION AND STRUCTURE.

The principal organization structure and line of authority shall be as depicted in the attached organization chart (Exhibit 1).

SECTION 3. OFFICE OF THE ADMINISTRATOR.

.01 The Assistant Secretary for Communications and Information shall be the Administrator of NTIA (the "Administrator") and shall determine policy, direct programs, and be responsible for all activities of NTIA.

.02 The Deputy Assistant Secretary for Communications and Information shall be the Deputy Administrator for NTIA (the "Deputy Administrator"), and shall assist the Administrator in the formulation of policies and in the management and direction of NTIA. The Deputy Administrator shall perform the functions of the Administrator in the latter's absence or disability or in the event of a vacancy in that office.

.03 The Chief Scientist shall provide the Assistant Secretary and Deputy Assistant Secretary with expert advice and assistance on highly complex technical and scientific problems and opportunities relating to telecommunications policy formulation, presentation and implementation.

SECTION 4. SPECIAL STAFF OFFICES.

.01 The Office of Policy Coordination and Management shall be headed by the Director of Policy Coordination and Management and shall assist the Administrator and Deputy Administrator in performing their policy and management responsibilities. In performing those functions, the Director shall:

a. As directed, represent the Administrator and Deputy Administrator in the development and implementation of telecommunications and information policies and in all other program activities of NTIA.

b. Assist the Administrator and Deputy Administrator in developing program priorities, goals and objectives in the allocation of resources, and in the evaluation of NTIA telecommunications and information programs and policies and those of other agencies.

c. Provide oversight to ensure coordination of the activities and programs of the Associate Administrators and other offices in the performance of their mission and in interdepartmental activities.

d. Provide overall guidance, planning, and policy direction on the management and organization of NTIA and on the performance of NTIA programs, including the direction of organizational and management studies, the development and promulgation of management procedures, and the coordination on such matters with concerned Departmental offices.

e. Provide the Administrator and Deputy Administrator with expert advice concerning personnel matters and other management and administrative activities, in coordination with the appropriate Associate Administrator(s).

f. Provide policy and program guidance on the formulation, preparation, and presentation of NTIA budgets and on the integration of policy goals and program plans into budget documents, including coordination with the Departmental offices.

g. Develop, propose and coordinate long- and short-term program and policy directions; and program plans for NTIA and incorporate such considerations into the programmatic and administrative functions of NTIA.

h. Plan, apportion and monitor all funding explicitly provided to NTIA for the purpose of implementing the Middle Class Tax Relief and Job Creation Act of 2012 (Act), Pub. L. No. 112-96. This includes management of the borrowing authority established by the Act and all budgeting and accounting activities associated with the management of designated spectrum auction receipts.

.02 The Office of the Chief Counsel shall be headed by the Chief Counsel of NTIA who shall have full responsibility for the development and administration of the NTIA legal program. The Office shall:

a. Provide legal advice and general counseling to the Administrator, Deputy Administrator, and all components of NTIA with regard to the powers, duties, and responsibilities of NTIA and its relationship with other government departments and agencies including the Federal Communications Commission (FCC), Congress, business, industry, and private organizations; and the development and administration of NTIA policies and programs.

b. Prepare or review legislative proposals and statements concerning pending legislation or oversight to be made before committees of Congress, and prepare or review regulatory proposals and comments before regulatory agencies.

c. Carry out additional policy development functions with significant legal orientation as the Administrator shall from time to time direct, in coordination with other components of NTIA. These activities shall be carried out subject to the overall authority of the Department's General Counsel as provided in DOO 10-6, “Office of the General Counsel.”

.03 The Office of Congressional Affairs shall be headed by the Director of Congressional Affairs. In conjunction with the Departmental Office of Congressional and Intergovernmental Affairs, the Office shall coordinate liaison with the Congress and develop plans and programs for, and assist in, the presentation of NTIA's views and policies to appropriate Congressional bodies. In carrying out these functions, the Office shall also be responsive to inquiries from the Departmental Office of Congressional and Intergovernmental Affairs, and act consistently with its overall policy directives.

SECTION 5. OFFICE OF TELECOMMUNICATIONS AND INFORMATION APPLICATIONS.

The Office of Telecommunications and Information Applications shall be headed by the Associate Administrator for Telecommunications and Information Applications and shall, on behalf of the Administrator, formulate, develop and implement programs designed to assist state and local governments, educational and health care entities, libraries, public service agencies, and other groups in effectively using telecommunications and information technologies to better provide public services and other national goals. To perform these functions it shall:

a. Coordinate Federal telecommunications and infrastructure assistance to State and local governments.

b. Identify social service, public service and other users' needs and develop methods of efficiently and effectively serving such needs through telecommunications and information infrastructure.

c. Develop policies for the continuing development of the National Information Infrastructure and public broadcasting.

d. Develop policies to foster continued improvement of broadcasting applications for educational purposes as well as educational opportunities, health care provision, and accessibility to public information services through information infrastructure.

e. Develop and maintain relationships with appropriate Federal, state and local government officials to coordinate information infrastructure demonstration programs addressing distance education, telemedicine application and community information dissemination.

f. Develop and maintain relationships with non-government organizations to assist them in determining ways in which innovative telecommunications technologies can contribute to the more effective delivery of public service broadcasting; work with them in adapting such technologies to their own needs; and identify ways in which they can facilitate applications by others to meet public service and other national goals.

g. Direct, manage, and supervise the implementation of the National Information Infrastructure program, including grant, policy and research activities.

h. Direct, manage, and supervise Federal assistance to organizations engaged in public telecommunications for investment in facilities.

i. Direct, manage, and supervise the planning and construction grant program and related activities associated with the Public Telecommunications Financing Act of 1978.

j. Direct, manage, and supervise the Pan-Pacific Educational and Communications Experiments by Satellite Program to establish improved communications satellite systems in the Pacific Island nations.

k. Direct, manage, and supervise the implementation of the National Endowment for Children's Educational Television program.

SECTION 6. OFFICE OF SPECTRUM MANAGEMENT.

The Office of Spectrum Management shall be headed by the Associate Administrator for Spectrum Management and shall:

a. Assign radio frequencies to, and amend, modify or revoke frequency assignments for radio stations belonging to and operated by the United States, make frequency allocations, and develop and maintain techniques, data bases, measurements, files and procedures necessary for such allocation.

b. Establish policies for spectrum assignment, allocation and use, and provide the various Departments and agencies with guidance to ensure that their conduct of telecommunications activities is consistent with these policies.

c. Develop, in cooperation with the FCC, a comprehensive long-range plan for improved management of all electromagnetic spectrum resources including jointly determining the National Table of Frequency Allocations.

d. Provide chairpersons and secretariat functions for the Inter-department Radio Advisory Committee and the Strategic Planning Advisory Committee.

e. Authorize, upon the recommendation of the Secretary of State and after consultation with the Attorney General and chairperson of the FCC, the construction and operation of radio stations by foreign governments at the seat of government, and assign frequencies for their use.

f. Provide advice and assistance to the Administrator and coordinate with the Associate Administrator for International Affairs in carrying out spectrum management aspects of NTIA's international policy responsibilities and perform other duties regarding those responsibilities as the Administrator shall designate.

g. Provide for the preparation and participation in international radio telecommunications conferences and meetings regarding use of the frequency spectrum in coordination with the Associate Administrator for International Affairs.

h. Advise and assist the Administrator on technical and policy issues regarding the security of national telecommunications and systems and means to ensure security.

i. Participate with, and perform staff services for, the National Security Council and the Director, Office of Science and Technology Policy, in carrying out their functions under Executive Order 12046.

j. Develop and analyze standards for the telecommunications activities of the Executive Branch in concert with the Office of Policy Analysis and Development, and provide for the coordination of spectrum-related telecommunications activities of the Executive Branch.

k. Participate in evaluating the capability of telecommunication resources, in recommending remedial action and in developing policy options.

SECTION 7. INSTITUTE FOR TELECOMMUNICATION SCIENCES.

The Institute for Telecommunication Sciences shall be headed by the Associate Administrator for Telecommunication Sciences and shall, on behalf of the Administrator, manage the telecommunications technology research programs of NTIA and provide technical research support to other elements of NTIA as well as other agencies on a reimbursable basis. To perform these functions it shall:

a. Conduct and coordinate technical analyses of telecommunications and information policy options.

b. Acquire, analyze, synthesize, and disseminate data and perform research in general on the description and prediction of electromagnetic transmission, noise, and interference, and on methods for improving the use of the spectrum for telecommunications purposes; prepare and issue predictions of electromagnetic wave propagation conditions and warnings of disturbances in those conditions; and develop methods of measurement of system performance and standards of practice for telecommunications.

c. Conduct research and analysis of electromagnetic propagation, radio systems characteristics, and operating techniques affecting the utilization of electromagnetic spectrum, in coordination with specialized, related research and analysis performed by other Federal agencies in their areas of responsibility.

d. Conduct research and develop improved methods of planning, designing, evaluating, and operating telecommunication systems, networks, and their end-to-end performance, and contribute to their effective use in Government and industry telecommunications applications. This includes advice and assistance to the Administrator and coordination with the Associate Administrator for International Affairs in preparation for and participation in national and international conferences and negotiations responsible for planning, developing, coordinating, and promulgating technical telecommunications standards, recommendations, and regulations.

e. Conduct research and analysis in the general field of telecommunications sciences in support of assigned functions and in support of other Government agencies, State and local governments, universities, and the private sector.

f. Provide scientific engineering and technical expertise, as the central Federal Government laboratories for research on transmission of radio waves.

g. Coordinate or undertake, on behalf of and at the direction of the Administrator, policy programs with major scientific or technical content.

h. In coordination with the Office of Spectrum Management, provide advice and assistance to the Administrator and the Associate Administrator of International Affairs in carrying out spectrum management-related aspects of NTIA's international policy responsibilities and perform such other duties related to those responsibilities as the Administrator shall designate.

i. Establish an Office of Research and Technology Applications to perform the functions specified in 15 U.S.C. § 3710(c).

j. Promote the transfer and commercialization of federal telecommunications technology by entering into cooperative research and development agreements (CRADAs) with other federal laboratories, State and local governments, universities, and the private sector; and by licensing, assigning, or waiving rights to intellectual property developed pursuant to the CRADAs and from within individual laboratories.

k. Protect valuable telecommunications technology by obtaining legal protection for intellectual property rights associated thereof.

SECTION 8. OFFICE OF POLICY ANALYSIS AND DEVELOPMENT.

The Office of Policy Analysis and Development shall be headed by the Associate Administrator for Policy Analysis and Development and shall, on behalf of the Administrator, be responsible for the analysis, review, and formulation of domestic telecommunications and information policies and, at the direction of the Administrator, may present domestic policy before the FCC, the Congress, and elsewhere. To perform these functions it shall:

a. Conduct or obtain analyses of domestic telecommunications and information policy issues. For analyses involving legal and technical aspects of those issues, draw upon and coordinate with the Office of the Chief Counsel and the Institute for Telecommunication Sciences. Integrate the results of these activities for the purpose of policy formulation.

b. Provide advice and assistance to the Administrator in carrying out NTIA's policy responsibilities and perform other duties regarding those responsibilities as the Administrator shall designate.

c. Provide other policy research, analysis, and development in support of the policy research needs of other elements of NTIA.

d. Provide for the coordination of the domestic telecommunications activities of the Executive Branch, assist in the formulation of associated policies, and, in coordination with the Office of Spectrum Management and the Institute for Telecommunication Sciences, provide for the assessment of domestic standards for telecommunications.

e. Provide advice and assistance to the Administrator in evaluating the domestic impact of matters pending before the FCC, other governmental agencies, and Congress.

SECTION 9. OFFICE OF INTERNATIONAL AFFAIRS.

The Office of International Affairs shall be headed by the Associate Administrator for International Affairs and shall, on behalf of the Administrator, be responsible for the analysis, review, and formulation of international telecommunications and information policies and, at the direction of the Administrator, may present international policy before the FCC, the Congress, international telecommunications bodies such as the International Telecommunication Union (ITU), and others. To perform these functions it shall:

a. Conduct or obtain analyses incorporating economic and other aspects of international telecommunications policy issues. For analyses involving legal and technical aspects of those issues, draw upon and coordinate with the Office of the Chief Counsel and the Institute for Telecommunication Sciences. Integrate the results of these activities for the purpose of international policy formulation.

b. Formulate and recommend to the Administrator policies and plans for U.S. preparation and participation in international telecommunications and information activities; coordinate NTIA and interdepartmental economic, technical, operational and related preparations for U.S. participation in international telecommunications conferences and negotiations; and ensure NTIA representation to international telecommunications and information meetings and to U.S. activities preparatory to such meetings.

c. Maintain liaison with government agencies and private organizations engaged in activities involving international telecommunications and information matters and maintain cognizance of activities of U.S. signatories to international telecommunications treaties, agreements and other instruments.

d. Provide NTIA advice and assistance on international telecommunications and information policies to other Executive Branch agencies charged with the overall responsibility for international negotiations, to strengthen the position and serve the best interests of the United States in the conduct of negotiations with foreign nations.

e. Provide advice and assistance to the Administrator in evaluating the international impact of matters pending before the FCC, other government agencies, and the Congress.

f. Exercise the Administrator's responsibility as assigned by the Communications Satellite Act of 1962 and any other statutory responsibilities relating to this area.

SECTION 10. OFFICE OF PUBLIC SAFETY COMMUNICATIONS.

The Office of Public Safety Communications shall be headed by the Associate Administrator for Public Safety Communications and shall, on behalf of the Administrator, be responsible for the analysis, review, and formulation of policies regarding public safety communications issues, and, at the direction of the Administrator, may present public safety policy communications before the FCC, the Congress, and elsewhere. To perform these functions it shall:

a. Conduct or obtain analyses of public safety policy communications issues. For analyses involving legal and technical aspects of those issues, draw upon and coordinate with the Office of the Chief Counsel and the Institute for Telecommunication Sciences. Integrate the results of these activities for the purpose of policy formulation.

b. Provide advice and assistance to the Administrator on carrying out NTIA's policy responsibilities with regard to public safety communications and perform other duties regarding those responsibilities as the Administrator shall designate.

c. Provide advice and assistance to the Administrator in evaluating the domestic impact of public safety communications matters pending before the FCC, other government agencies, and Congress.

d. Direct, manage, and implement NTIA’s public safety communications responsibilities pursuant to the Middle Class Tax Relief and Job Creation Act of 2012 (Act), Pub. L. No. 112-96, which are distinct from the requirements established for the FirstNet (see Section 11). The Act directed NTIA to review and approve FirstNet’s proposed user fees, respond to requests to lease spectrum from FirstNet, and administer any grant programs pursuant to the statute, among other responsibilities. The Office shall coordinate the development of grant policies and program goals with FirstNet, when required by the Act, but will independently administer the grant program as specified by the Act.

e. Contract with an independent auditor to conduct an audit, on an annual basis, of FirstNet in accordance with general accounting principles and procedures.

f. Coordinate NTIA’s response activities in support of FirstNet, its network, and related public safety communications policy matters as mentioned above.

SECTION 11. THE FIRST RESPONDER NETWORK AUTHORITY.

The First Responder Network Authority (FirstNet) was established by Title VI of the Act. FirstNet is an independent authority within NTIA, which is initially authorized for a 15-year period. FirstNet is charged with deployment, operation, and maintenance of a nationwide public safety broadband network.

FirstNet shall be led by a 15-member Board of Directors consisting of the Secretary of Homeland Security, the Attorney General of the United States, and the Director of the Office of Management and Budget as permanent members and twelve members appointed to three-year terms by the Secretary of Commerce. In carrying out the duties and responsibilities of the Act, FirstNet is not under the direct authority of the Administrator and may plan and execute actions necessary to develop, build, and operate the network. The Act establishes FirstNet as an independent authority under NTIA and requires coordination with the Administrator regarding specific actions to be executed by NTIA to provide oversight and support of FirstNet, including but not limited to, matters related to budgetary resources, the approval of user fees, and the administration of grant programs (see Section 4 and Section 10).

To perfom its functions, FirstNet shall:

a. Execute all actions necessary to ensure the establishment of nationwide, interoperable public safety broadband network, including the transition and incorporation of existing projects and resources, if appropriate. This includes building, deploying and operating the nationwide network in consultation with Federal, State, tribal, and local public safety entities, the Director of the National Institute of Standards and Technology (NIST), the FCC, and the FirstNet Public Safety Advisory Committee.

b. Conduct hearings, sit and act at such times and places, take such testimony, and receive such evidence as FirstNet considers necessary to carry out its responsibilities and duties. FirstNet may also obtain grants and funds from and make contracts with individuals, private companies, organizations, institutions, and Federal, State, regional, and local agencies.

c. Negotiate and enter into, as it determines appropriate, roaming agreements with commercial network providers to allow the nationwide public safety broadband network to roam onto commercial networks and gain prioritization of public safety communications over such networks in times of an emergency.

d. Establish and support a Public Safety Advisory Committee to assist in carrying out its duties and responsibilities and may establish additional standing or ad hoc committees, panels, or councils as are necessary consisting of FirstNet members and/or outside experts and representatives of the Department of Commerce.

e. Submit an annual report to Congress providing a comprehensive and detailed report on operations, activities, financial condition and accomplishments as well as recommendations or proposals for legislative or administrative action for FirstNet.

SECTION 12. EFFECT ON OTHER ORDERS.

This Order supersedes Department Organization Order 25-7, dated September 28, 1992.

Signed by: Administrator, National Telecommunications and Information Administration

Approved by: Chief Financial Officer and Assistant Secretary for Administration

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Page last updated:October 3, 2012