Wireless Telecommunication Equipment Policy

Purpose

The purpose of this policy is to outline requirements for personally owned and College owned mobile telecommunication devices and equipment used for College business.

To Whom Does This Policy Apply

This policy applies to all employees of the College.

References

• Small Business Jobs Act of 2010, Section 2043 - effective taxable year beginning after 12/31/09.  Revision of IRS Code of 1986, subparagraph (A) of section 280F(d)(4);
• IR-2011-93, September 14, 2011 - Notice 2011-72
• IRS Memo for all Field Examination Operations, September 14, 2011 Control #SBSE- 04-0911-083.
• TCC ADSV – 500 – Acceptable Use
• Washington Public Disclosure Records Act - RCW 42.56

Definitions

Wireless telecommunication equipment (TCE): applies to cell phones and wireless devices used for voice and/or data communications.  This includes but is not limited to cell phones, tablet computers, and portable Wi-Fi hotspots.

Personally owned TCE: devices that the employee owns, and additionally are partially used for business purposes.

College owned TCE: devices owned by the College and used by employees and / or departments for College business purposes.

Policy

Records created for College business using wireless telecommunication equipment (TCE), whether personal or College owned, are public records under Washington’s Public Record Act and could, therefore, be disclosed upon request, or be subject to the rules of discovery in the event of litigation or other legal processes. Records must be retained based on TCC’s record retention schedule. Employees shall cooperate with requests to retrieve and retain text messages or other records that have record retention value or are responsive to a public records request or legal matter.

Employees must submit TCE and/or College owned TCE for review when required by legal process. The department is responsible for reviewing monthly vendor provided invoices for appropriate usage and canceling plans if they are no longer needed. 

College owned TCE is for College-related purposes only and use is governed by IV. ADSV 500 – Acceptable Use. 

Personally owned TCE 

The President, or designee, may authorize compensation in the form of an allowance for employees who use their personally owned TCE for College business. 

• The allowance is not based on a particular title, position or seniority, nor is it considered an entitlement of employment. 
• Simple convenience is not a criterion for such an allowance, and it may be changed and / or withdrawn at any time. 
• The policy assumes that the personally owned TCE will be used for personal use in addition to College business use. 

An allowance may be authorized if at least one of the following two criteria is met: 

• The job function of the employee requires considerable time outside of their assigned office or work area and it is important to the College that they are accessible during those times. 
• The job function of the employee requires them to be accessible outside of scheduled or normal working hours. 

Allowance amounts will not exceed expenses the employee incurred in maintaining the personally owned TCE. 

Allowance amounts will be based on and not exceed amounts the College pays for like service on College owned TCE.  

Exceptions

There may be rare circumstances where the allowance amount must be adjusted due to extenuating conditions. The President, or designee, will approve exceptions, upon recommendation from the divisional Vice-President.  

An employee with a TCE allowance must maintain an active contract for the life of the allowance. 

For audit purposes, the College may request, at any time during the fiscal year, a current communication carrier service bill to assure compliance with the signed allowance agreement.