2007 Oregon Code - Chapter 354 :: Chapter 354 - Educational Television and Radio - Translator Districts - Distance Learning
Chapter 354 —
Educational Television and Radio;
Translator
Districts; Distance Learning
2007 EDITION
EDUCATIONAL TV, RADIO; TRANSLATOR DISTRICTS
EDUCATION AND CULTURE
STATE RADIO STATIONS
354.090Â Â Â Â Management
of state radio station at Oregon Institute of Technology
EDUCATIONAL TELEVISION, RADIO AND DISTANCE
LEARNING
354.410Â Â Â Â Definitions
for ORS 354.410 to 354.430
354.420Â Â Â Â Purpose
of ORS 354.410 to 354.430
354.430Â Â Â Â Authority
of Department of Education; disposition of sale proceeds
354.435Â Â Â Â Distance
learning course outlines
TRANSLATOR DISTRICTS
354.605Â Â Â Â Definitions
for ORS 354.605 to 354.715
354.615Â Â Â Â Application
of ORS 354.605 to 354.715
354.625Â Â Â Â Creation
of translator district; boundaries of district
354.635Â Â Â Â Contents
of petition of formation
354.645Â Â Â Â When
election on formation and first board to be held
354.650Â Â Â Â Election
laws applicable
354.655Â Â Â Â District
board; membership; quorum; term; expenses
354.665Â Â Â Â Board
duties; rules
354.675Â Â Â Â Powers
of district
354.680Â Â Â Â Use
of commercial matter; solicitation of financial support
354.685Â Â Â Â Methods
of finance
354.690Â Â Â Â Liability
for service charge; notice; exemption; collection of delinquent charges
354.705Â Â Â Â Referral
of increase in minimum tax rate to voters
354.715Â Â Â Â Dissolution,
liquidation and transfer proceedings
PENALTIES
354.990Â Â Â Â Penalties
     354.010 [Repealed by 1983 c.286 §1]
     354.020 [Repealed by 1983 c.286 §1]
STATE RADIO
STATIONS
     354.090
Management of state radio station at Oregon Institute of Technology. The State Board of Higher Education is
declared the managing agency of the FM radio station KTEC, licensed to the
Oregon Institute of Technology, and as such shall prescribe rules and
regulations in conformity with the regulations and laws of the United States
Government relating to educational FM radio stations. By such rules and
regulations the State Board of Higher Education shall make the facilities of
the radio station available in the training programs of the Oregon Institute of
Technology. [1957 c.389 §16; 1961 c.126 §1]
     354.105 [1979 c.657 §3; 1985 c.505 §1; repealed by
1993 c.208 §13]
     354.115 [1979 c.657 §4; 1981 c.518 §1; repealed by
1993 c.208 §13]
     354.125 [1979 c.657 §6; repealed by 1993 c.208 §13]
     354.135 [1979 c.657 §5; 1981 c.518 §2; 1985 c.505 §2;
repealed by 1993 c.208 §13]
     354.145 [1979 c.657 §7; repealed by 1993 c.208 §13]
     354.155 [1979 c.657 §8; repealed by 1993 c.208 §13]
     354.165 [1979 c.657 §9; repealed by 1993 c.208 §13]
     354.175 [1979 c.657 §10; repealed by 1981 c.518 §9]
     354.180 [1981 c.518 §6; repealed by 1993 c.208 §13]
     354.185 [1979 c.657 §13; repealed by 1993 c.208 §13]
     354.195 [1979 c.657 §15; repealed by 1993 c.208 §13]
     354.205 [1981 c.518 §5; 1989 c.966 §41; repealed by
1993 c.208 §13]
     354.210 [1957 c.694 §1; repealed by 1979 c.657 §1]
     354.215 [1981 c.518 §4; repealed by 1993 c.208 §13]
     354.220 [1957 c.694 §3; repealed by 1979 c.657 §1]
     354.225 [1985 c.505 §3; repealed by 1993 c.208 §13]
     354.230 [1957 c.694 §4; repealed by 1979 c.657 §1]
     354.235 [1987 c.703 §7; repealed by 1993 c.208 §13]
     354.290 [1957 c.694 §2; repealed by 1979 c.657 §1]
     354.300 [1957 c.694 §5; repealed by 1961 c.238 §1]
EDUCATIONAL
TELEVISION, RADIO AND DISTANCE LEARNING
     354.410
Definitions for ORS 354.410 to 354.430. As used in ORS 354.410 to 354.430, unless the context requires
otherwise:
     (1) “Educational television and radio and
distance learning” means programs for direct teaching and instructional
enrichment which are transmitted for viewing, listening or interactive
instruction in connection with instruction in public elementary and secondary
education by state-operated educational television and radio stations or by
program providers approved by the State Board of Education.
     (2) “Direct teaching” means instruction
primarily by educational television or radio or by live interactive
transmission in a subject or course of study which is a part of the public
school curriculum as authorized by the State Board of Education.
     (3) “Instructional enrichment” means
instruction by means of educational television or radio or live interactive
transmission which is designed to improve, supplement, complement, or
strengthen instruction in a subject or course of study which is a part of the
public school curriculum. [1961 c.535 §2; 1989 c.285 §1]
     354.420
Purpose of ORS 354.410 to 354.430. (1) The purpose of ORS 354.410 to 354.430 is to encourage the
development of and provide means for making educational television and radio
and distance learning programs of direct instruction and instructional
enrichment for pupils available to the public schools of the state and to
provide for the authorization and approval of such programs by the State Board
of Education.
     (2) Subject to the approval of the state
board, school districts may use educational television and radio and distance
learning to provide instruction in the public schools of
     354.430
Authority of Department of Education; disposition of sale proceeds. The Department of Education may utilize its
appropriate personnel and facilities and any funds made available to it:
     (1) To stimulate interest by school
districts in the appropriate use of educational television and radio and
distance learning in the public schools.
     (2) To plan and produce suitable
educational television and radio and distance learning programs of direct
instruction and instructional enrichment for pupils in the public schools.
     (3) To cooperate with officials of
state-operated educational television and radio stations and providers of
distance learning programs in planning and producing suitable programs of
direct teaching and instructional enrichment for the public schools.
     (4) To assist local school districts in
planning suitable programs of educational television and radio and distance
learning for the public schools, and to cooperate with officials of
state-operated educational television and radio stations and providers of
distance learning programs in producing such programs.
     (5) To employ personnel and pay expenses
for services, materials, equipment and supplies necessary for the
administration of ORS 354.410 to 354.430.
     (6) To contract for and pay for
professional services utilized in the development and production of programs
for educational television and radio and distance learning.
     (7) To purchase, rent, lease or contract
for use of filmed, taped or otherwise recorded educational television and radio
or distance learning programs from available sources and to sell programs or to
exchange them for others of a similar nature.
     (8) All moneys received under subsection
(7) of this section shall be deposited in the State Treasury to the credit of
the Department of Education and shall be used exclusively for the purposes
authorized by this section. [1961 c.535 §5; 1965 c.100 §454; 1967 c.570 §1;
1989 c.285 §3]
     354.435
Distance learning course outlines. Distance learning course outlines shall be submitted by the course
providers to the Department of Education for review and evaluation. [1991 c.710
§5]
     354.440 [1961 c.535 §§4,6; 1965 c.100 §455; 1989
c.285 §4; 1989 c.491 §60; repealed by 1991 c.710 §4]
     354.505 [1989 c.972 §1; repealed by 1997 c.684 §1]
     354.510 [1989 c.972 §2; 1993 c.292 §1; repealed by
1997 c.684 §1]
     354.515 [1989 c.972 §§3, 6; 1993 c.292 §2; repealed
by 1997 c.684 §1]
     354.520 [1989 c.972 §5; 1993 c.292 §3; 1993 c.500 §46;
1995 c.162 §79; repealed by 1997 c.684 §1]
     354.525 [1989 c.972 §5a; repealed by 1997 c.684 §1]
     354.530 [1989 c.972 §7; repealed by 1997 c.684 §1]
     354.535 [1989 c.972 §8; 1993 c.292 §4; repealed by
1997 c.684 §1]
     354.540 [1989 c.972 §9; repealed by 1997 c.684 §1]
     354.545 [1989 c.972 §10; repealed by 1997 c.684 §1]
     354.550 [1989 c.972 §11; repealed by 1997 c.684 §1]
TRANSLATOR
DISTRICTS
     354.605
Definitions for ORS 354.605 to 354.715. As used in ORS 354.605 to 354.715, unless the context requires
otherwise:
     (1) “County board” means the governing
body of the county in which a district is principally situated.
     (2) “District” means a translator district
formed under ORS 354.605 to 354.715.
     (3) “District board” means the governing
board of a district.
     (4) “Translator” means any UHF facility or
Federal Communications Commission approved equipment owned by a district which
serves the district by receiving, amplifying and transmitting signals broadcast
by one or more television stations and public service signals which are allowed
by Federal Communications Commission regulations. When the district transmits
signals through VHF equipment, the district shall provide for an automatic
encoder to prevent signal deviation. [1975 c.286 §1; 1979 c.108 §7; 1997 c.518 §1]
     354.615
Application of ORS 354.605 to 354.715. Except as provided in ORS 354.690 (5), nothing in ORS 354.605 to
354.715 shall apply to the construction or operation of community antenna
systems or the redistribution of any signals, writings, images, sounds or
intelligence of any nature by cable. [1975 c.286 §2 (2); 1979 c.108 §8; 1985
c.445 §3]
     354.625
Creation of translator district; boundaries of district. (1) A translator district may be created as
provided by ORS 354.605 to 354.715 for the construction, maintenance and
operation of translator stations and the transmission and reception of
television broadcast signals in areas so remote from regular transmission
points that adequate television programming is not available to the public. The
translator transmitting facilities shall conform to all FCC rules and
regulations and shall be prohibited from interfering with all existing
reception facilities, including but not limited to off-air antennas, CATV or
MATV.
     (2) The boundaries of any district
organized under ORS 354.605 to 354.715 shall be determined pursuant to the
provisions of ORS 198.720. [1975 c.286 §2 (1), (3); 1979 c.108 §9]
     354.635
Contents of petition of formation. (1) In addition to matters named in ORS 198.750, the petition to form
a translator district shall include:
     (a) A brief description of the proposed
system including the type of construction, location, number of translators to
be erected and the number of television channels to be provided.
     (b) The maximum service charge that may be
charged by the district.
     (2) The petition shall be addressed to and
filed with the county board of the principal county and the proceeding
conducted as provided in ORS 198.705 to 198.845. [1975 c.286 §3; 1979 c.108 §10;
2005 c.22 §253]
     354.645
When election on formation and first board to be held. The formation and changes of organization of
a district shall take place in the manner provided in ORS 198.705 to 198.955. [1975
c.286 §4; 1979 c.108 §11]
     354.650
Election laws applicable.
(1) ORS chapter 255 governs the following:
     (a) The nomination and election of
district board members.
     (b) The conduct of district elections.
     (2) The electors of a district may
exercise the powers of the initiative and referendum regarding a district
measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §216]
     354.655
District board; membership; quorum; term; expenses. (1) The district board shall consist of five
members, each of whom shall be an elector of the district. The terms of office
for the district board members first elected shall be determined by lot. The
terms of two shall expire June 30 next following the first regular district
election and the terms of three shall expire June 30 next following the second
regular district election.
     (2) As soon as possible after the election
and the taking of the oath of office by the members, an organizational meeting
shall be held and officers selected. A majority of the members shall constitute
a quorum for the transaction of business.
     (3) Except as provided in subsection (1)
of this section, the term of office of each district board member is four
years.
     (4) The members of the district board
shall serve without compensation, but shall be entitled to receive actual and
necessary travel and other expenses incurred in the performance of their
duties.
     (5) The district board shall fill any
vacancy on the board in the manner provided in ORS 198.320. [1975 c.286 §5;
1979 c.108 §12; 1983 c.83 §78; 1983 c.350 §214]
     354.665
Board duties; rules. A
district board shall:
     (1) Manage and conduct the affairs of the
district.
     (2) Establish and maintain funds and
accounts for the district.
     (3) Establish reasonable rules for the administration
of the district. [1975 c.286 §6]
     354.675
Powers of district. A
translator district shall have full power to carry out the objectives of its
formation and to that end may:
     (1) Acquire by purchase, devise or gift or
voluntary grant real and personal property or any interest therein including
any rights of way or easements necessary or convenient for its purposes.
     (2) Sue and be sued in its own name.
     (3) Build, construct, improve, operate and
maintain, subject to other applicable provisions of law, any translators
necessary for the transmission of signals intended to be received by the
general public.
     (4) Perform all acts necessary to insure
an efficient and equitable distribution of television programming within the
district subject to the availability of funds in the approved budget.
     (5) Make contracts of any lawful nature,
employ personnel, including any technical or professional consultants necessary
to carry out the provisions of ORS 354.605 to 354.715.
     (6) Apply for, accept and hold any
licenses or permits required under federal or state law. [1975 c.286 §7; 1979
c.108 §13]
     354.680
Use of commercial matter; solicitation of financial support. (1) A district shall not delete television
commercial matter in the signals it transmits, without written permission from
the broadcasting television station, or in any manner finance the districtÂ’s
operation through the sale of commercial matter in the districtÂ’s
transmissions.
     (2) A district may, without elector
approval but with permission from the broadcasting television station, generate
revenue in the districtÂ’s transmissions through the acknowledgment or
solicitation of financial support considered necessary for the continued
operation of the translator. [1979 c.108 §3; 2005 c.22 §254]
     354.685
Methods of finance. When
authorized by its electors, a district board may finance the acquisition,
purchase, lease, operation or maintenance of the district by any of the
following methods:
     (1) Imposition of a service charge upon
property within the district for use of the translator signals as provided in
ORS 354.690. A district created before May 7, 1979, shall be considered to have
received elector authorization for imposition of the service charge.
     (2) Issuance of revenue bonds. The revenue
bonds shall be issued as prescribed in ORS chapter 287A, but are not subject to
the requirements of ORS 287A.150. The revenue bonds are payable both as to
principal and interest from revenues only. The revenue bonds shall not be
subject to the percentage limitation applicable to general obligation bonds and
shall not be a lien on any of the taxable property within the limits of the
district and shall be payable solely from such part of revenues of the district
as remains after the payment of obligations having a priority and of all
expenses of operation and maintenance of the district. All revenue bonds shall
contain a provision that both the principal and interest are payable solely
from the operating revenues of the district remaining after paying such obligations
and expenses. [1975 c.286 §8; 1979 c.108 §14; 2007 c.783 §159]
     354.690
Liability for service charge; notice; exemption; collection of delinquent
charges. (1) When a district
broadcasts television signals through a translator on a regular basis and any
property within the district receives those signals, the owner of the property
receiving the signal shall be liable to the district for the service charges.
     (2) When a district broadcasts television
signals through a translator on a regular basis, if any person residing on or
occupying property located in an area entirely surrounded by the district
intentionally receives and uses those signals, the owner of that property is
liable to the district for a service charge. The owner of the property shall be
deemed to have contracted with the district for use of the translator signals.
     (3) The district shall determine which
property is receiving the signal, the amount of any service charge and the
method of payment by property owners. The district may classify property
outside and within the district according to the uses of district signals. For
property entirely surrounded by the district, the district shall prepare a
verified report which shall disclose that the property has been physically
inspected and that there are reasonable grounds to believe that the property is
intentionally receiving and using the signal.
     (4) The district shall notify each owner
of property it has determined is liable for a service charge at least 30 days
prior to imposition of any service charge. The notice shall be by mail and
shall include a written declaration which the owner may verify by signing and
return to the district office stating that the owner is exempt from the service
charge for one of the following reasons:
     (a) The property already receives adequate
regional television signals from another source and is not using district
signals;
     (b) The property is so situated as to
preclude use of the signals; or
     (c) A television is not used on the
property and there are no plans to do so.
     (5) If property outside or within the
district is owned, rented or leased by a community antenna television company
which carries a districtÂ’s television signals by cable to subscribers because
of Federal Communications Commission requirements, that property shall be
exempt from any district service charge.
     (6) A verified declaration returned to the
district under subsection (4) of this section shall exempt the property in
question and shall be valid for one year from its signing, unless the owner of
the property informs the district of a change of circumstances which should
subject the owner to a service charge.
     (7) By July 15 of any year, the district
shall determine which service charges are delinquent and shall certify such
charges, together with interest at the rate of two-thirds of one percent per
month from the date due, to the assessor of the county in which the property of
the person against whom delinquent service charges are assessed is located. The
assessor shall enter the charges and interest thereon upon the next assessment
and tax roll prepared after July 15. The charges and interest, when entered
upon the assessment and tax roll, shall be a charge upon, and lien against, the
real property of the person against whom they are assessed. After the service
charges are certified and presented to the assessor, the payment for the
service charges must be made to the tax collector pursuant to ORS 311.370. Such
payment shall be made by the person responsible for the delinquent service charge
or by the television translator district that has received payment for the
delinquent service charge. The charges shall thereupon be collected and paid
over in the same manner as other taxes are certified, assessed, collected and
paid over, except that, when the tax collector receives the assessorÂ’s
certificate pursuant to ORS 311.115, the tax collector shall deduct 10 percent
of the amount of the delinquent service charges imposed in determining the
television translator districtÂ’s distribution percentage computed pursuant to
ORS 311.390. The amount deducted shall be included in determining the
distribution percentage of the county, in order to defray the costs incurred by
the county in collecting the delinquent service charges.
     (8) The district board may enter into an
agreement with the owner of property that is not within the district for the
payment of service charges for use of the translator signals of the district
when:
     (a) The electors of the district, at an
election called for that purpose, have authorized the district board to make
such agreements; and
     (b) The property is within a city that is
surrounded by the district and is served by a community antenna system
regulated by the Federal Communications Commission. [1979 c.108 §2; 1985 c.445 §1;
1991 c.459 §385a; 1995 c.726 §1; 1997 c.518 §2]
     354.695 [1975 c.286 §9; repealed by 1979 c.108 §17]
     354.700 [1979 c.108 §4; repealed by 1997 c.518 §3]
     354.705
Referral of increase in minimum tax rate to voters. (1) Subject to limitations of the Oregon
Constitution, the district board may refer to the electors of the district any
proposal to increase the maximum service charge as provided in ORS 354.635 to
maintain the financial stability of the district in an emergency. The proposal
shall state that an emergency exists and specify with distinctness the facts
and reasons constituting the emergency.
     (2) The district board may refer to the
electors of the district proposed additional or alternate means of financing
allowed under ORS 354.685. [1975 c.286 §10; 1979 c.108 §15; 1983 c.350 §217]
     354.715
Dissolution, liquidation and transfer proceedings. Dissolution, liquidation and transfer
proceedings shall be conducted in the manner provided by ORS 198.920 to
198.955. [1975 c.286 §11]
PENALTIES
     354.990
Penalties. Any property
owner who knowingly makes any false verified declaration in order to obtain a
service charge exemption under the provisions of ORS 354.690 is guilty of
unsworn falsification and upon conviction shall be punished as provided in ORS
162.085. [1975 c.286 §12; 1979 c.108 §16; 1985 c.445 §2]
_______________
CHAPTERS 355 AND 356
[Reserved for expansion]
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