Part

201

202

211

212

Organization and responsibilities.

Standards of conduct.

214

215

system.

201.5

201.6

Functions and responsibilities.
Publications.

AUTHORITY: The provisions of this Part 201 issued under 84 Stat. 2083 and E.O. 11556. 3 CFR, 1966-1970 Comp., p. 956.

SOURCE: The provisions of this Part 201 appear at 36 F.R. 25413, Dec. 31, 1971, unless otherwise noted.

§ 201.0 Scope and purpose.

This part describes the organization and responsibilities of the Office of Telecommunications Policy in the Executive Office of the President.

§ 201.1 Creation and location.

(a) The Office of Telecommunications Policy is established as an independent agency in the Executive Office of the President pursuant to Reorganization Plan No. 1 of 1970, 84 Stat. 2083, effective April 20, 1970, and Executive Order No. 11556, 3 CFR, 1966-1970 Comp., p. 956.

136 F.R. 25413, Dec. 31, 1971.

(b) The Office of Telecommunications Policy is located at 1800 G Street NW., Washington, DC. All communications to the Office should be addressed to "Executive Office of the President, Office of Telecommunications Policy, Washington, D.C. 20504."

§ 201.2 Organization.

(a) The Office of Telecommunications Policy is headed by a Director who is appointed by the President subject to confirmation by the Senate, and who is directly responsible to the President.

(b) The second in command is the Deputy Director, who is likewise appointed by the President subject to confirmation by the Senate. He performs such functions as the Director may from time to time prescribe and, absent other Presidential designation, acts as Director during the latter's absence or disability.

(c) The General Counsel supervises the legal staff, and has primary responsibility for legal and legislative matters.

(d) The Assistant Director, Frequency Management, has primary responsibility for matters pertaining to management of radiofrequency spectrum resources, and supervises the professional staff assigned to that field. He serves as Chairman of

the Interdepartment Radio Advisory Committee.

(e) The Assistant Directors have primary responsibility for Office activities within various separate areas of concern, and supervise the professional staff working within those respective areas.

(f) The Military Assistant to the Director has primary responsibility for liaison with the Department of Defense.

(g) The Assistant to the Director (Press and Congress) has primary responsibility for public information and for liaison with the legislative branch.

(h) The Executive Assistant to the Director has primary responsibility for Office management and planning, and for the establishment of operating procedures. § 201.3

Technical support.

(a) Technical research and analysis responsive to the Office's needs in the formulation of national communications policy is performed by the Policy Support Division of the Office of Telecommunications, Department of Commerce.

(b) Technical research and analysis and administrative functions in support of the Office's responsibility for allocation and assignment of the radio spectrum is performed by the Frequency Management Support Division of the Office of Telecommunications, Department of Commerce.

§ 201.4 Advisory committees.

Established by and under the control and direction of the Director are the following advisory committees:

(a) The Interdepartment Radio Advisory Committee, composed of representatives of all Federal agencies which make use of the radio spectrum, advises the Director concerning his responsibilities for allocation and assignment of the spectrum. Its Chairman is the Assistant Director for Frequency Management. Its Secretariat is established within the Frequency Management Support Division of the Office of Telecommunications, Department of

Commerce.

(b) The Frequency Management Advisory Council, composed of telecommunications experts from industry, research organizations and educational institutions, advises the Director concerning his responsibilities for allocation and assignment of the radio spectrum.

(c) The Electromagnetic Radiation Effects Management Advisory Council, composed of experts in the fields of radiation and health, advises the Director concerning elimination and avoidance of radiation hazards resulting from spectrum use.

§ 201.5 Functions and responsibilities.

The Office of Telecommunications Policy is the executive agency responsible for overall supervision of national communications matters. Its functions and responsibilities are specified in Executive Order 11556 of September 4, 1970. Its activities may generally be divided into four areas:

(a) It establishes the executive branch's policies and programs pertaining to communications matters and seeks to implement them through various means, including the proposal of legislation. This area of activity includes such matters as structure of the communications industry, communications goals to be sought in international negotiations, desirable regulatory policies for established broadcasting and common carrier services, and regulatory approach to new technologies such as satellites, cable television, and interconnected computer systems.

(b) It coordinates the planning and evaluates the operation of the communications activities of the executive branch. This includes the establishment of policies and the setting of standards for Federal communications systems, and overall guidance of Federal research and development efforts.

(c) It is responsible for the allocation and assignment of that portion of the radio spectrum (approximately one-half) used by the Federal Government.

(d) It develops mobilization plans for the Nation's communications resources, and is responsible for administering those resources in an emergency. This includes responsibility for exercise of the President's war powers in the communications field.

§ 201.6 Publications.

In addition to Directives, Circulars, and Public Notices of the Office published in the FEDERAL REGISTER, there is maintained a compilation of currently effective Policy Positions issued by the Office. This may be obtained from the Assistant to the Director (Press and Congress).

regular

202.735-25 Reporting of employment and financial interests special Government employees. 202.735-26 Reviewing statements of financial interests.

AUTHORITY: The provisions of this Part 202 issued under E.O. 11222, 3 CFR, 1964-1965 Comp., p. 306; 5 CFR 735.104.

SOURCE: The provisions of this Part 202 appear at 36 F.R. 25415, Dec. 31, 1971, unless otherwise noted.

§ 202.735-1 Purpose.

(a) The maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by regular employees and special Government employees is essential to assure the proper performance of Government business and the maintenance of confidence by citizens in their Government. The avoidance of misconduct and conflicts of interest on the part of regular employees and special Government employees through informed judgment is indis

(a) For the purposes of this part, the terms "employee," "regular employee," and "regular Government employee" mean any officer or employee of the Office of Telecommunications Policy except a special Government employee.

(b) The term "special Government employee" means an officer or employee who is retained, designated, appointed, or employed by the Office of Telecommunications Policy to perform, with or without compensation, for not more than 130 days during any period of 365 consecutive days, temporary duties either on a full-time or intermittent basis.

(c) The term "person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution. § 202.735-3

ployees.

Special Government em

Except where specifically provided otherwise, or where limited in terms or by the context to regular employees or regular Government employees, all provisions of this part relating to employees are applicable also to special Government employees.

§ 202.735-4 General standards of conduct.

(a) All employees shall conduct themselves on the job in such a manner that the work of the Office is efficiently accomplished and courtesy, consideration, and promptness are observed in dealings with the Congress, the public, and other governmental agencies.

(b) All employees shall conduct themselves off the job in such a manner as not to reflect adversely upon the Office or the Federal service.

(c) In all circumstances employees shall conduct themselves so as to exemplify the highest standards of integrity. An employee shall avoid any action,

(a) The Executive Assistant shall distribute copies of this part to each regular employee and special Government employee within 30 days after the effective date thereof. In the case of a new regular employee or special Government employee entering on duty after the date of such distribution, a copy shall be furnished at the time of his entrance on duty. All regular and special Government employees shall familiarize themselves with the contents of this part.

(b) Copies of the Executive order, regulations, and statutes referred to in § 202.735-1, together with various explanatory materials, are available for inspection in the General Counsel's Office at any time during regular business hours. Employees are encouraged to consult these basic materials in any case of doubt as to the proper application or interpretation of the provisions of this part.

(c) Attention of all employees is directed to House Concurrent Resolution 175, 85th Congress, second session, 72 Stat. B12, the "Code of Ethics for Government Service", which is attached to this part as Appendix A.

where such services are available. Such notification shall be made within 90 days after the effective date of this part, and periodically thereafter. In the case of a new employee or special Government employee appointed after the date of such notification, notification shall be given at the time of his entrance on duty. § 202.735-7 Disciplinary action.

(a) A violation of any provision of this part by an employee may be cause for appropriate disciplinary action which may be in addition to any penalties prescribed by law. (As to remedial action in cases where an employee's financial interests result in a conflict or apparent conflict of interest, see § 202.735-26.)

(b) Any disciplinary or remedial action taken pursuant to this part shall be effected in accordance with any applicable laws, Executive orders, or regulations. § 202.735-8 Conflicts of interest.

(a) A conflict of interest may exist whenever an employee has a substantial personal or private interest in a matter which involves his duties and responsibilities as an employee. The maintenance of public confidence in Government clearly demands that an employee take no action which would constitute the use of his official position to advance his personal or private interests. It is equally important that each employee avoid becoming involved in situations which present the possibility, or even the appearance, that his official position might be used to his private advantage.

(b) Neither the pertinent statutes nor the standards of conduct prescribed in this part are to be regarded as entirely comprehensive. Each employee must, in each instance involving a personal or private interest in a matter which also involves his duties and responsibilities as an employee, make certain that his actions do not have the effect or the appearance of the use of his official position for the furtherance of his own interests or those of his family or his business associates.

(c) The principal statutory provisions relating to bribery, graft, and conflicts of interest are contained in Chapter 11 of the Criminal Code, 18 U.S.C. 201-224. Severe penalties are provided for violations, including various fines, imprisonment, dismissal from office, disqualification from holding any office of honor, trust, or profit under the United States.