Chapter 06-590

Chapter 590

2006 -- H 7798 SUBSTITUTE A

Enacted 07/14/06

A N A C T

RELATING TO EDUCATION - THE RHODE ISLAND PUBLIC TELECOMMUNICATIONS

AUTHORITY

Introduced By: Representatives Fox, Kennedy, and Kilmartin

Date Introduced: February 28, 2006

It is enacted by the General Assembly as follows:

SECTION 1. Section 16-61-6 of the General Laws in Chapter 16-61 entitled "Rhode

Island Public Telecommunications Authority" is hereby amended to read as follows:

16-61-6. Powers and duties of authority. -- (a) The authority shall be empowered to:

(1) Adopt and amend and repeal suitable bylaws for the management of its affairs;

(2) Adopt and use the official seal and alter it at its pleasure;

(3) Maintain an office at any place or places within the state that it may designate;

(4) Establish, own, and operate noncommercial educational television or radio

broadcasting stations, one or more public broadcasting and public broadcasting

telecommunications networks or systems, and interconnection and program production facilities;

(5) Apply for, receive, and hold any authorizations and licenses and assignments and

reassignments of channels from the federal communications commission (FCC) as may be

necessary to conduct its operations; and prepare and file and prosecute before the FCC all

applications, reports, or other documents or requests for authorization of any type necessary or

appropriate to achieve the authorized purposes of the authority;

(6) Provide coordination and information on matters relating to public broadcasting

telecommunications among the agencies of the state government, all facets of Rhode Island

public education and individual associations, and institutions working in these fields both within

and without the state;

(7) Establish state wide equipment compatibility policies and determine the method of

interconnection to be employed within the state's public broadcasting system;

(8) Assume responsibility for establishing broad programming philosophy which will

encourage diversity, quality, and excellence of programming which is released via its facilities.

The general manager shall be responsible for implementing programming policy in accordance

with the rules and regulations of the federal communications commission;

(9) Provide appropriate advisory assistance to other agencies of the state and local and

regional groups regarding public broadcasting techniques, planning, budgeting, and related

issues;

(10) Make to the governor and the legislature any recommendations that the authority

deems necessary with regard to appropriations relating to public broadcasting and public

broadcasting telecommunications equipment and facilities;

(11) Subject to the approval of the governor, receive and administer gifts, contributions,

and funds from public and private sources to be expended for public broadcasting and public

broadcasting telecommunications operations, facilities, and programming consistent with

furthering the purposes of the authority;

(12) Cooperate with federal agencies for the purpose of obtaining matching and other

federal funds and providing public broadcasting and public broadcasting telecommunications

facilities throughout the state and to make any reports that may be required of the state. The

authority shall provide appropriate advisory assistance to local school districts and others on these

matters;

(13) Contract with program production organizations, individuals, and noncommercial

educational television and radio stations within and without the state to produce or to procure

educational television or radio programs for use by noncommercial stations within the state;

(14) Establish and maintain a library and archives of educational television and radio

programs and related materials, disseminate information about those programs and make suitable

arrangements for the use of the programs and materials by colleges, universities, schools, and

noncommercial television and radio stations;

(15) Conduct explorations, research, demonstrations, or training in matters related to

public broadcasting and public broadcasting telecommunications in the state, directly or through

contracts with appropriate agencies, organizations, or individuals, or by grants to nonprofit,

noncommercial organizations such as colleges, universities, schools, and noncommercial

television and radio stations;

(16) Acquire, subject to the provisions of the general laws, through lease, purchase, or

other means, real and other property and to hold and use this property for public broadcasting and

public broadcasting telecommunications purposes;

(17) Contract, subject to the provisions of the general laws, for the construction, repair,

maintenance, and operations of public broadcasting and public broadcasting telecommunications

facilities including program production center, stations, and interconnection facilities;

(18) Make arrangements, where appropriate, with companies or other agencies and

institutions operating suitable interconnection facilities (e.g., landlines or satellites);

(19) Be empowered to set and collect reasonable fees for services provided through

contracts with agencies, companies, organizations, and individuals;

(20) Make reasonable rules and regulations to carry out the provisions of this chapter.

(21) Manage and operate public, education and government (PEG) access studios in

compliance with rules promulgated by the division of public utilities and carriers.

(b) In carrying out its powers and duties under this section, the authority shall be

empowered to enter into contracts or agreements with any nonprofit entity for the operations in

whole or in part of the public telecommunications functions assigned to it by this chapter.

SECTION 2. Chapter 16-61 of the General Laws entitled "Rhode Island Public

Telecommunications Authority" is hereby amended by adding thereto the following section:

16-61-6.2. Acquisition of public education and government television studios and

equipment. – (a) No later than December 31, 2006, the division of public utilities and carriers

(the Division) shall promulgate rules to allow the transition of management of PEG access

television including responsibility for programming the three (3) statewide interconnect channels,

and managing interconnect playback in conjunction with its management of PEG playback, from

current cable television certificate holders to the Rhode Island public telecommunications

authority or its designee.

(b) Existing certificate holders may transfer to the Rhode Island public

telecommunications authority or its designee the ownership of PEG access studio and playback

equipment, and statewide interconnect playback equipment, currently in existing public access

studios and playback facilities.

this equipment from existing certificate holders for the book value of the equipment based on the

effective date of the transition.

(d) The Rhode Island public telecommunications authority or its designee may assume

the leases for public access studios in those facilities where existing certificate holders currently

lease space. Studios in buildings owned by existing certificate holders shall be leased by the

Rhode Island public telecommunications authority or its designee at fair market value subject to

the approval of the division. Employees of existing certificate holders working in public access

facilities shall become employees of the Rhode Island public telecommunications authority or its

designee on the effective date of the transition.

(e) An existing cable television certificate holder may, at its sole discretion, elect to

continue to manage PEG access studios within its service area. If an existing cable television

certificate holder does elect to continue to operate and manage PEG access studios, it may at any

time subsequently elect not to operate PEG access studios and implement the provisions of this

section.

SECTION 3. This act shall take effect upon passage.

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LC02469/SUB A/2

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