January 26, 1995
Mr. William R. Pittman Associate General Counsel Office of the Governor 116 W. Jones Street Raleigh, North Carolina 27603-8001
RE: Advisory Opinion; Authority Of The State Controller To Coordinate All Telecommunications Matters; G.S. § 143B-426.39; G.S. § 143B-426.35; G.S. § 147-64.4(4)
Dear Mr. Pittman:
You have asked this office to answer the following question: Does the State Controller have the statutory authority to coordinate for State agencies, including the University of North Carolina system, all telecommunications matters, including central telephone systems and telephone networks? Based on the following, the answer to your question is yes.
G.S. § 143B-426.39 provides, in pertinent part:
The State Controller shall:
- (14)
- With respect to State agencies, exercise general coordinating authority for all telecommunications matters relating to the internal management and operations of these agencies. In discharging that responsibility the State Controller may in cooperation with affected State agency heads, do such of the following things as he deems necessary and advisable:
- a.
- Provide for the establishment, management, and operation, through either State ownership or commercial leasing, of the following systems and services as they affect the internal management and operation of State agencies:
- Central telephone systems and telephone networks;
- Teleprocessing systems;
- Teletype and facsimile services;
- Satellite services;
- Closed-circuit TV systems;
- Two-way radio systems;
- Microwave systems;
- Related systems based on telecommunications technologies.
- b.
- With the approval of the Information Technology Council (sic) [Information Resource Management Commission], coordinate the development of cost-sharing systems for respective user agencies for their proportionate parts of the cost of maintenance and operation of the systems and services listed in item "a." of this subdivision.
- c.
- Assist in the development of coordinated telecommunications services or systems within and among all State agencies and recommend, where appropriate, cooperative utilization of telecommunications systems by aggregating users.
- e.
- Pursuant to G.S. 143-49, establish telecommunications specifications and designs so as to promote and support compatibility of the systems within State agencies.
- f.
- Pursuant to G.S. 143-49 and G.S. 143-50, coordinate the review of requests by State agencies for the procurement of telecommunications systems or services.
- g.
- Pursuant to G.S. 143-341 and Chapter 146 of the General Statutes, coordinate the review of requests by State agencies for State government property acquisitions, disposition, or construction for telecommunications systems requirements.
- l.
- Assist and coordinate the development of policies and long-range plans . . . for the acquisition and use of telecommunications systems . . . .
(Emphasis added.)
G.S. § 143B-426.35(3) defines the term "State agency" as "any State agency as defined in G.S. 147-64.4(4)." G.S. § 147-64.4(4) specifically defines "State agency" as:
(4) Any department, institution, board, commission, committee, division, bureau, officer, official or other entity for which the State has oversight responsibility, including but not limited to, any university, mental or speciality hospital, community college, or clerk of court.
(Emphasis added.) The foregoing definition clearly includes the University of North Carolina system and, of course, its constituent universities.
Based on the plain language of the relevant statutory provisions, it is our opinion that the State Controller is required to exercise general coordinating authority for all telecommunications matters (e.g. central telephone systems and telephone networks) relating to the internal management and operations of State agencies, including the University of North Carolina system and its constituent universities.
Ann Reed Senior Deputy Attorney General
John R. Corne
Special Deputy Attorney General