§ 902. — Establishment; assigned functions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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));
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(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.
(Pub. L. 102-538, title I, Sec. 103, Oct. 27, 1992, 106 Stat. 3534; Pub.
L. 107-317, Sec. 3, Dec. 4, 2002, 116 Stat. 2767.)
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.
Section 201(a)(6) of the Communications Satellite Act of 1962,
referred to in subsec. (b)(2)(C)(iv), was classified to section
721(a)(6) of this title and was omitted from the Code.
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.
Amendments
2002--Subsec. (b)(3)(C). Pub. L. 107-317 added subpar. (C).
Study of Technology Protection Measures
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1703], Dec.
21, 2000, 114 Stat. 2763, 2763A-336, provided that:
``(a) In General.--Not later than 18 months after the date of the
enactment of this Act [Dec. 21, 2000], the National Telecommunications
and Information Administration shall initiate a notice and comment
proceeding for purposes of--
``(1) evaluating whether or not currently available technology
protection measures, including commercial Internet blocking and
filtering software, adequately addresses the needs of educational
institutions;
``(2) making recommendations on how to foster the development of
measures that meet such needs; and
``(3) evaluating the development and effectiveness of local
Internet safety policies that are currently in operation after
community input.
``(b) Definitions.--In this section:
``(1) Technology protection measure.--The term `technology
protection measure' means a specific technology that blocks or
filters Internet access to visual depictions that are--
``(A) obscene, as that term is defined in section 1460 of
title 18, United States Code;
``(B) child pornography, as that term is defined in section
2256 of title 18, United States Code; or
``(C) harmful to minors.
``(2) Harmful to minors.--The term `harmful to minors' means any
picture, image, graphic image file, or other visual depiction that--
``(A) taken as a whole and with respect to minors, appeals
to a prurient interest in nudity, sex, or excretion;
``(B) depicts, describes, or represents, in a patently
offensive way with respect to what is suitable for minors, an
actual or simulated sexual act or sexual contact, actual or
simulated normal or perverted sexual acts, or a lewd exhibition
of the genitals; and
``(C) taken as a whole, lacks serious literary, artistic,
political, or scientific value as to minors.
``(3) Sexual act; sexual contact.--The terms `sexual act' and
`sexual contact' have the meanings given such terms in section 2246
of title 18, United States Code.''
Section Referred to in Other Sections
This section is referred to in sections 903, 904 of this title.
