
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-554 Section 1(a)(4)[1703]]
[CITE: 47USC902]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
  CHAPTER 8--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
 
                SUBCHAPTER I--ORGANIZATION AND FUNCTIONS
 
Sec. 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));
                (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)); and
            (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.

(Pub. L. 102-538, title I, Sec. 103, Oct. 27, 1992, 106 Stat. 3534.)

                       References in Text

    Reorganization Plan Number 1 of 1977, referred to in subsec. (b)(2), 
is set out in the Appendix to Title 5, Government Organization and 
Employees.
    Executive Order 12046, referred to in subsec. (b)(2), is set out as 
a note under section 305 of this title.
    The Communications Satellite Act of 1962, referred to in subsec. 
(b)(2)(C)(iii), (vi), is Pub. L. 87-624, Aug. 31, 1962, 76 Stat. 419, as 
amended, which is classified generally to chapter 6 (Sec. 701 et seq.) 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 701 of this title and Tables.
    Executive Order 11556, referred to in subsec. (b)(2)(S), which was 
formerly set out as a note under section 305 of this title was revoked 
by Ex. Ord. No. 12046, set out as a note under section 305 of this 
title. Section 10 of Ex. Ord. No. 11556 related to advisory committees 
established by the Director of the former Office of Telecommunications 
Policy.

                  Section Referred to in Other Sections

    This section is referred to in sections 903, 904 of this title.
