[Letter], B-280698, January 12, 1999

B-280698 Jan 12, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights We have not applied 31 U.S.C. Sec. 1348 where the telephone service is one of restricted use or involves adequate safeguards and the separate service is essential. We would not object to FCC's use of appropriated funds to pay for the installation of the ISDN lines if FCC determines that it is a necessary expense of its appropriation. Is an independent agency regulating interstate and international communications by radio. Are on duty 24 hours a day. Are expected to conduct FCC business at all hours of the day or night. FCC explains that the ISDN lines will permit only data transmission between computers in the Commissioners' private residences and the agency's local area network (LAN). That the ISDN lines have data encryption that provides security for the information transmitted to and from the Commissioners. View Decision Matter of: Federal Communications Commission - Installation of Integrated Services Digital Network Lines File: B-280698 Date: January 12, 1999 DIGEST DECISION The Managing Director, Federal Communications Commission (FCC), requests an advance decision, under 31 U.S.C. Sec. 3529(a), on whether the prohibition in 31 U.S.C. Sec. 1348(a)(1) applies to the installation of dedicated Integrated Services Digital Network (ISDN) lines /1/ in the residences of FCC Commissioners. Section 1348(a)(1) prohibits the use of appropriations "to install telephones in private residences or for tolls or other charges for telephone service from private residences." For the reasons set forth below, we conclude that section 1348(a)(1) does not apply to FCC's proposed installation of dedicated ISDN lines in the Commissioners' residences. Accordingly, we would not object to FCC's use of appropriated funds to pay for the installation of the ISDN lines if FCC determines that it is a necessary expense of its appropriation. Background The FCC, headed by five Commissioners, is an independent agency regulating interstate and international communications by radio, television, wire, satellite, and cable. The Commissioners review action taken by FCC staff, pursuant to delegated authority, on their own motion or upon petition for such review by aggrieved parties. 47 C.F.R. Sec. 0.5(c). FCC states that the Commissioners, as Presidential appointees, are on duty 24 hours a day, and are expected to conduct FCC business at all hours of the day or night. Heavy workloads, extensive travel schedules, and pressing deadlines require that the Commissioners conduct official business outside of the FCC's normal workday. FCC proposes to install dedicated ISDN lines in Commissioners' residences to enable them to edit legal memoranda, draft decisions, prepare speeches, and receive electronic mail transmitted to them directly from the FCC's offices at all hours of the day and on weekends. FCC explains that the ISDN lines will permit only data transmission between computers in the Commissioners' private residences and the agency's local area network (LAN), and that the ISDN lines have data encryption that provides security for the information transmitted to and from the Commissioners. FCC also states that it will configure these lines so that they cannot be used to support voice telephone service. Analysis Section 1348(a)(1) of title 31, United States Code, prohibits the use of appropriations for the installation of "telephones in private residences or for tolls or other charges for telephone service from private residences." We have never specifically addressed whether a telephone line used exclusively for data transmission constitutes "telephone service" within the meaning of section 1348(a)(1). A number of our decisions appear to assume that all telephone lines, whether for voice or data transmission, fall within the coverage of section 1348(a)(1). See, e.g., 65 Comp. Gen. 835 (1986) (secured telephone lines for IRS criminal investigators); B-262013, Apr. 8, 1996 (installation of three telephone lines in a private residence for a telephone, computer and facsimile machine); B-247857, Aug. 25, 1992 (telephone lines for computer data transmission between private residence and a government office). Whether this is a correct assumption we need not resolve here since FCC's proposal falls within one of our recognized exceptions to the application of section 1348(a)(1). A 1912 decision of the Comptroller of the Treasury, issued shortly after the enactment of the prohibition, explained that the "plain intent [of the prohibition] was that the Government should not be chargeable with the cost of private and personal messages of [government] employees." 63 MS Comp. Dec. 575 (1912), quoted in 61 Comp. Gen. 214, 216 (1982).