Executive Order 10995—Assigning Telecommunications Management Functions

WHEREAS telecommunications is vital to the security and welfare of this Nation and to the conduct of its foreign affairs;

WHEREAS it is imperative that the United States maintain an efficient and well-planned national and international telecommunications program capable of stimulating and incorporating rapid technological advances being made in the field of telecommunications;

WHEREAS the radio spectrum is a critical natural resource which requires elective, efficient and prudent administration in the national interest;

WHEREAS it is essential that responsibility be clearly assigned within the executive branch of the Government for promoting and encouraging effective and efficient administration and development of United States national and international telecommunications and for effecting the prudent use of the radio frequency spectrum by the executive branch of the Government;

WHEREAS there is an immediate and urgent need for an examination of ways and means of improving the administration and utilization of the radio spectrum as a whole;

WHEREAS there is an immediate and urgent need for integrated short and long-range planning with respect to national and international telecommunications programs, for continuing supervision over the use of the radio frequency spectrum by the executive branch of the Government and for the development of national policies in the field of telecommunications;

NOW, THEREFORE, as President of the United States and Commander-in-Chief of the armed forces of the United States, and by virtue of the authority vested in me by sections 305 and 606 of the Communications Act of 1934, as amended (47 U.S.C. 305 and 606), and by section 301 of Title 3 of the United States Code, it is hereby ordered as follows:

SECTION 1. There is hereby established the position of Director of Telecommunications Management, which position shall be held by one of the Assistant Directors of the Office of Emergency Planning provided for under Reorganization Plan No. 1 of 1958, as amended (72 Stat. 1799).

SEC. 2. Subject to the authority and control of the President, the Director of Telecommunications Management shall:

(a) Coordinate telecommunications activities of the executive branch of the Government and be responsible for the formulation, after consultation with appropriate agencies, of overall policies and standards therefor. He shall promote and encourage the adoption of uniform policies and standards by agencies authorized to operate telecommunications systems. Agencies shall consult with the Director of Telecommunications Management in the development of policies and standards for the conduct of their telecommunications activities within the overall policies of the executive branch.

(b) Develop data with regard to United States Government frequency requirements.

(c) Encourage such research and development activities as he shall deem necessary and desirable for the attainment of the objectives set forth in section 6 below.

(d) Contract for studies and reports related to any aspect of his responsibilities.

SEC. 3. The authority to assign radio frequencies to Government agencies, vested in the President by section 305 of the Communications Act of 1934, as amended (47 U.S.C. 305), including all functions heretofore vested in the Interdepartment Radio Advisory Committee, is hereby delegated to the Director of the Office of Emergency Planning, who may redelegate such authority to the Director of Telecommunications Management. Such authority shall include the power to amend, modify, or revoke frequency assignments.

SEC. 4. The functions and responsibilities vested in the Director of the Office of Emergency Planning by Executive Order No. 10705 of April 17, 1957, as amended, may be redelegated to the Director of Telecommunications Management Executive Orders No. 10695A of January 16, 1957, and No. 10705, as amended are hereby further amended insofar as they are with the present order. Executive Order No. 10460 of June 16, 1953, is hereby revoked.

SEC. 5. The Director of Telecommunications Management shall establish such interagency advisory committees and working groups composed of representatives, interested agencies and consult with such departments and agencies as may be necessary for the most effective performance of his functions. To the extent that he deems it necessary or advisable to continue tile Interdepartment Radio Advisory Committee it shall serve in an advisory capacity to the Director of Management.

SEC. 6. In carrying out functions under this order, the Director of Telecommunications Management shall consider the following objectives:

(a) Full and efficient employment of telecommunications resources in carrying out national policies;

(b) Development of telecommunications plans, policies, and programs under which full advantage of technological development will accrue to the Nation and the users of telecommunications; and which will satisfactorily serve the national security; sustain and contribute to the full development of world trade and commerce; strengthen the position and serve the best interests of the United States in negotiations with foreign nations; and permit maximum use of resources through better frequency management;

(c) Utilization of the radio spectrum by the Federal Government in a manner which permits and encourages the most beneficial use thereof in the public interest;

(d) Implementation of the national policy of development and effective use of space satellites for international telecommunications services.

SEC.7. Nothing contained in this order shall be deemed to impair any existing authority or jurisdiction of the Federal Communications Commission.

SEC. 8. The Director of Telecommunications Management and the Federal Communications Commission shall assist and give policy advice to the Department of State in the discharge of its functions in the field of international telecommunications policies, positions and negotiations.

SEC.9. The Director of Telecommunications Management shall issue such rules and regulations as may be necessary to carry out the duties and responsibilities vested in him by this order or delegated to him wider this order.

SEC. 10. All executive departments and agencies of the Federal Government are authorized and directed to cooperate with the Director of Management and to furnish him such information, support and assistance, not inconsistent with the law, as he may require in the performance of his duties.

JOHN F. KENNEDY

THE WHITE HOUSE,

February 16, 1962