2016 Delaware Code
Title 29 - State Government
CHAPTER 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION
Subchapter I General Provisions
§ 9005C. Communications powers, duties and functions.

(a) To provide for the development of an efficient and reliable communications system for joint use by departments, agencies and subdivisions of state government and effect maximum practical consolidation and joint use of existing and future communications facilities, equipment and services owned or used by the State and generally to obtain maximum practical economies by centralized coordination and budgetary control of all communications functions and activities of state government, the Department of Technology and Information shall:

(1) Approve and authorize all state government communications activities in accordance with this subchapter. The management control of and accountability for the use and operation of communications activities shall be a function of the using agency subject to the policies and intent of this subchapter. Expenditure of any funds, regardless of source, for unauthorized communications activities of any kind, by any agency, for any reason, or for communications activities not in compliance with the policies and intent of this subchapter shall be a violation of law punishable under the applicable statutes or regulations;

(2) Develop, coordinate, publish and administer a comprehensive state communications plan which shall provide for the maximum practical consolidation and joint use of existing and future communications systems, facilities, equipment and services by state government;

(3) Develop, coordinate, publish and administer standards, policies and procedures for identifying, justifying and documenting communications requirements of state government;

(4) Develop, coordinate, publish and administer policies and procedures for the use of communications facilities and services by state government;

(5) Design, procure, install and maintain or, if appropriate, contract for the design, installation and maintenance of communications systems, facilities, equipment and services for state government in accordance with the determinations directed by this subchapter;

(6) Apply for, receive and hold, or, if appropriate, assist agencies in applying for, receiving and holding such authorizations, licenses, permits and allocations of channels and frequencies as are necessary to carry out the purpose of this subchapter;

(7) Perform periodic audits of the communications facilities and activities of state agencies to ensure compliance with the policy and intent of this subchapter, and other applicable laws and regulations; and

(8) Perform such other duties in connection with the communications activities of the state government as may be directed by the Governor, or the General Assembly, or as may be required by existing or future state or federal statute.

(9) Develop, coordinate, publish and administer policies and procedures for the submission of a communications budget, which shall include all requirements of state government, including identification of detailed requirements by agency;

(10) Require that all state government agencies having communications requirements shall cooperate with and assist in the preparation of the communications budget; and

(11) Provide for emergency or unplanned communications requirements by presenting a detailed program item in a supplemental budget request. Justification for the budget request shall be the responsibility of the agency having such emergency or unplanned requirements.

(b) In addition to those communications powers, duties and function enumerated above, the Department shall:

(1) Cause a statewide telecommunications plan to be created, implemented and maintained;

(2) Monitor and control the execution of said plan;

(3) Review and approve all agency plans, and shall advise the Chief Information Officer and the Director of the Office of Management and Budget regarding budget requests and acquisitions, involving any telecommunications resources and activities;

(4) Report on status to the Technology Investment Council, as is required;

(5) Provide technical assistance and consultation to state agencies with regard to meeting agency needs for telecommunications goods and services;

(6) Coordinate telecommunications plans and activities with related statewide information technology functions; and

(7) Establish and promulgate standards, policies, guidelines and procedures concerning the development, implementation, acquisition and use of the State's communications facilities and assets.

74 Del. Laws, c. 128, § 11; 75 Del. Laws, c. 88, § 21(13).;