§ 20-13-8 — Licensure

(a) (1) The commission is authorized and empowered to hold licenses issued by the Federal Communications Commission or other appropriate governmental agencies necessary for the operation of public telecommunications facilities and to operate such facilities in the State of Georgia for the purpose of serving the educational and public telecommunications needs of the State of Georgia and the various communities within the state. For the purposes of this chapter, public telecommunications facilities shall include noncommercial educational radio and television stations, auxiliary broadcast facilities, low power television or radio stations, satellite earth stations, microwave stations, cable television systems, instructional television fixed service facilities, and such other telecommunications equipment and facilities as may be necessary for the provision of public telecommunications services to as much of the State of Georgia as feasible and for the realization of the other purposes of this chapter. (2) For the purposes of this chapter, public telecommunications services shall include noncommercial educational and cultural radio and television programs and related instructional or informational material that may be transmitted by means of electronic communications. (b) The prior Georgia Public Telecommunications Commission in existence as of January 1, 1990, is directed to do all acts necessary to make application, as promptly as possible, to the Federal Communications Commission for the necessary authority to transfer or assign to the commission created by this chapter any and all Federal Communications Commission licenses or other authorizations which it holds or for which applications are pending before the Federal Communications Commission. (c) The prior Georgia Public Telecommunications Commission is also directed to take actions mandated by the Federal Communications Commission or prudent to preserve and provide for the orderly transfer of the licenses. On the first Monday following the expiration of 40 days after the last grant of Federal Communications Commission authority for the assignment to the commission created by this chapter of any Federal Communications Commission license or other authorization, the prior Georgia Public Telecommunications Commission in existence on January 1, 1990, is authorized and directed to transfer or assign to the commission created by this chapter all rights, title, and interest to all such facilities and equipment, unless the commission created by this chapter shall direct that a later date for said transfer shall be utilized, in which event the date specified by the commission created by this chapter shall control said transfer. Until the transfer to the commission created by this chapter of the Federal Communications Commission license or other authorization, the noncommercial educational broadcast stations licensed to the prior Georgia Public Telecommunications Commission in existence on January 1, 1990, shall remain under the control of such prior commission. (d) The commission created by this chapter shall integrate the facilities and equipment provided for in subsection (c) of this Code section and shall perform the following functions: (1) Ensure the production and delivery of educational materials as needed by the state's educational entities, which shall include: (A) Making instructional television available state wide to the various institutions of secondary, postsecondary, and higher education as well as the general public; (B) Assisting in design of public telecommunications systems in public schools and training of public school employees to operate such systems effectively; (C) Working with the Department of Education, the State Board of the Technical College System of Georgia, and the board of regents in planning and providing the most flexible instructional television delivery system possible, to include design, building, and operating of various open-air and closed circuit electronic delivery systems to serve elementary, secondary, postsecondary, vocational, college, postgraduate, and adult continuing educational needs; and (D) Providing public telecommunications services state wide and meeting the public telecommunications needs of the public in the state; (2) Initiate negotiations when deemed appropriate and acquire any other public broadcasting facilities that would enhance and improve the commission's public broadcasting network; (3) Develop and implement a plan to establish adequate levels of local programming; (4) Serve the public telecommunications television and radio production needs of all public agencies in the state which request such assistance on an at-cost purchase-of-services basis; (5) Provide and acquire television and radio programming as needed; (6) Purchase and provide services as necessary from and to public and private entities so as to perform effectively and efficiently its responsibilities and increase its fund base; (7) Solicit and receive funds from the general public, corporate underwriters, and various public and private foundations; (8) Enter into contracts individually or jointly with other entities for the production of quality educational and public programming; (9) Make maximum efficient use of production and transmission equipment; plan equipment replacements in an orderly fashion; and monitor ongoing technological advances so that they can be adopted when they become cost feasible; (10) Be empowered and encouraged to provide and maintain a state-wide public radio network and radio reading service for the visually disabled; (11) Comply with all applicable regulations, such as ascertainment of viewer and listener needs and provisions for local participation; (12) Offer technical assistance upon request to local governments in their negotiation of franchise agreements with cable television companies; (13) Establish and maintain a positive working relationship with other organizations involved in public and private telecommunications in Georgia; (14) Represent the state with other public telecommunications and regulatory agencies in Georgia, in other states, and at the national level; (15) Represent the state as the coordinating entity for the National Telecommunications and Information Agency's public telecommunications facilities program; (16) Establish and appoint advisory committees as necessary; and (17) Adopt such rules and regulations as are necessary to carry out the purposes of this chapter.

Legislative History

Amended by 2011 Ga. Laws 225,§ 3, eff. 7/1/2011.