CHAPTER 428

An Act to provide for the development of educational television facilities;
and to this end to define terms, establish the advisory council on
educational television, provide for the appointment of its members,
the powers, duties and functions of the council, and to provide for
assistance in the construction of such facilities.

[H 210]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. § 1. This act may be cited as the “Educational Television Station
Facilities Construction Act’’.

§ 2. As used in this act:

(a) “Television station” or “stations” means studio, tower, and other
facilities required for, or useful in, the production and broadcast of
programs which may only be received through those devices known as
television receivers and which station is owned by any nonprofit corpo-
ration whose sole purpose is the operation of a television station, the
facilities of which are used exclusively for educational purposes;

(b) “Nonprofit” as applied to a television station means a station
owned and operated by a corporation, a municipal corporation, or associa-
tion, no part of the net earnings of which enures, or may lawfully enure,
to the benefit of any private shareholder or individual ; .

(c) “Council” means the Advisory Council on Educational Television,
created under this act.

§ 3. There is hereby established within the office of the Governor
the Advisory Council on Educational Television. The Council shall be
charged with conducting engineering, and other necessary studies pertinent
to the use of television for educational purposes, making a survey of
existing television facilities, surveying the need for educational tele-
vision facilities and assisting counties, cities and towns and the school
authorities thereof in the construction, establishment, operation and use
of such facilities and programs broadcast therefrom.

The Governor may upon request of the Council assign to any agency
within his office all or any part of the duties imposed upon the Council
by this act.

§ 4. In carrying out the purpose of this act, the Council, through its
chairman, is authorized and directed:

(a) to require such reports, make such inspections and investigations
and prescribe such reasonable regulations as it deems necessary; to pro-
cure the temporary services of experts or consultants or organizations
thereof when such services are to be performed on a part-time or fee-for-
service basis; to enter into agreements for the utilization of the facilities
and services of other State departments, agencies and institutions, public
or private; and

(b) to accept on behalf of the State and to deposit with the State
Treasurer any grant, gift, or contribution made to assist in meeting the
cost of carrying out the purposes of this act, and to expend the same for
such purpose.

§ 5. The Council shall consist of thirteen members to be appointed
by the Governor, who shall appoint at least one person from each con-
gressional district and three other members from the State at large.
The Governor shall designate one of the members as Chairman.

Each member shall hold office for a term of four years, except that
any member appointed to fill a vacancy occurring prior to the expiration
of the term for which his predecessor was appointed, shall be appointed
for the remainder of such term; and except that the terms of office of the
members first taking office shall expire, as designated at the time of
appointment, as follows: of four members at the end of the first year, of
three members at the end of the second year, of three members at the
end of the third year, and of three members at the end of the fourth year,
after the date of appointment. Council members, while serving on busi-
ness of the Council, shall be entitled to receive actual and necessary travel
and subsistence expenses while so serving away from their places of
residence to be paid from funds appropriated to carry out the provisions
of this act. The Council shall meet as frequently as the Chairman deems
necessary, but not less than once each year. Upon request by a majority of
the members, it shall be the duty of the Chairman to call a meeting of
the Council.

§ 6. The Council is authorized and directed to make an inventory of
existing facilities for educational television, to survey the need for con-
struction of educational television facilities, and on the basis of such
inventory and survey, to develop a program for the construction of such
public and other nonprofit facilities for educational television as will, in
conjunction with existing facilities, afford the necessary educational tele-
vision facilities as will furnish adequate educational television programs
throughout the State.

§ 7. The construction program shall provide, in accordance with
regulations which the Council is hereby authorized to adopt under this
act, for adequate educational television facilities for the people residing in
this State and, in so far as possible, shall provide for their distribution
throughout the State in such manner as to make educational television
programs reasonably accessible to persons desiring the same throughout
the State. ;

§ 8. The Council shall prepare and make public a State plan which
shall include the educational television facilities construction program
developed under this act and which shall provide for the establishment,
administration, and operation of a program of educational television
facilities construction activity in accordance with the regulations adopted
under this act. The Council shall give adequate publicity to a general
description of all the provisions proposed to be included therein, and hold
a public hearing at which all persons or organizations with an interest
in such plan may be given an opportunity to express their views. After
approval of the plan by the Council, it shall make the plan, or a copy
thereof, available upon request to all interested persons or organizations.
The Council shall from time to time review the educational television
facilities construction program and make such amendments as seem
proper. The State Board of Education shall work in cooperation with the
Council and will furnish such services as may be agreed upon including a
secretary for the Council.

§ 9. The State plan shall set forth the relative need for the several
projects included in the construction program determined in accordance
with regulations prescribed by the Council, and provide for the construc-
tion, in so far as financial resources available therefor and for mainte-
nance and operation make possible, in the order of such relative need.

Applications for educational television facility construction
projects for which State funds are requested shall be submitted to the
Council and may be transmitted by the State to any political subdivision
thereof or to any public or nonprofit agency authorized to operate an
educational television station which is interested in such project. Each
application for a construction project shall conform to State requirements.

§ 11. The Council shall afford to every applicant for a construction
project an opportunity for a fair hearing. If the Council, after affording
reasonable opportunity for development and presentation of applications
in the order of relative need, finds that a project application complies with
the requirements of this act and is otherwise in conformity with the State
plan, it may approve such application.

§ 12. From time to time the Council shall inspect such construction
project approved by it, and, if the inspection so warrants, the Council shall
certify to the Comptroller that work has been performed upon the project,
or purchases have been made, in accordance with the approved plans and
specifications, and that payment of an installment of State funds is due
to the applicant.

§ 13. The Council is hereby authorized to receive funds in behalf of,
and transmit them to, such applicants. There is hereby established separate
and apart from all public monies and funds of this State, an Educational
Television Facility Construction Fund. Money received for a construction
project approved by the Council shall be deposited to the credit of this
fund and shall be used solely for payments due applicants for work
performed, or purchases made, in carrying out approved projects. Invoices
for all payments from such fund shall bear the signature of the Council
or its duly authorized agent for that purpose.

§ 14. The contribution by the State to the construction of any facility
for educational television shall not exceed one-third of the cost thereof.
No part of the State appropriation for the construction of any educational
television facility shall be made available by the Council unless and until
the Council has satisfactory assurances that the necessary funds to
finance two-thirds of the cost of any such project have been or will be made
available from sources other than State funds.