13-47-1      South Dakota Board of Directors for Educational Telecommunications created--Composition and appointment of members.
13-47-1.1      Board and facilities as educational telecommunications section.
13-47-2      Function of board of directors.
13-47-3      Officers of board.
13-47-4      Employment of personnel for office--Supplies and equipment.
13-47-4.1      Administrative control over office.
13-47-5      Meetings of board--Records--Reports.
13-47-6      Expenses of board members.
13-47-7      Telecommunications network sponsored by board.
13-47-8      Acquisition and use of property.
13-47-9      Gifts and contributions for educational telecommunications.
13-47-10      Acceptance and use of federal aid.
13-47-11      Federal licenses for telecommunications--Applications, reports, and requests to Federal Communications Commission.
13-47-12      Construction, maintenance, and operation of telecommunications facilities.
13-47-13      Contracting for interconnecting channel service.
13-47-14      Operation of telecommunications network consistent with federal regulations and department policies.
13-47-15      Establishment of general policy for educational telecommunications.
13-47-15.1      INFOTEXT system.
13-47-16      Standard broadcast and closed circuit programs.
13-47-16.1      Powers of board extended to radio--Construction priorities--Allocation of frequencies.
13-47-17      Facilities not used for subversive purposes or to influence legislation.
13-47-18      Lease arrangements for sharing cost of operating facilities.
13-47-19 to 13-47-21. Repealed.
13-47-21.1      Repealed.
13-47-22, 13-47-23. Repealed.

13-47-1. South Dakota Board of Directors for Educational Telecommunications created--Composition and appointment of members.

There is created the South Dakota Board of Directors for Educational Telecommunications, which shall consist of the commissioner of information and telecommunications or an authorized representative, the executive director of the Board of Regents or an authorized representative, a representative of the Bureau of Information and Telecommunications selected by the commissioner, and six others appointed by the Governor. At least one of the appointive members shall be representative of the nonpublic institutions of higher education in the state. The terms of the appointive members of the board shall be for a period of three years, two terms expiring each year. Not more than four of the appointive members may be from the same political party.

Source: SL 1965, ch 67, § 1; SL 1970, ch 107; SL 1976, ch 19, § 7; SL 1978, ch 119, §§ 1, 2; SL 1981, ch 149; SL 1985, ch 133, § 2; SL 1990, ch 446 (Ex. Ord. 90-1), § 17; SL 1994, ch 412 (Ex. Ord. 94-4), § 22; SL 1995, ch 322 (Ex. Ord. 95-6), § 20; SL 2011, ch 74, § 4; SL 2018, ch 12, § 6.

13-47-1.1. Board and facilities as educational telecommunications section.

The board and all its facilities and functions comprise the Educational Telecommunications Office of the Bureau of Information and Telecommunications.

Source: SL 1973, ch 2, § 259; SL 1994, ch 412, (Ex. Ord. 94-4), § 22.

13-47-2. Function of board of directors.

It shall be the function of the board to consider and establish policy for and exercise all necessary control over the State Educational Telecommunications Network, and to carry out the duties imposed in this chapter, or as otherwise authorized and assigned to said board by law.

Source: SL 1965, ch 67, § 1.

13-47-3. Officers of board.

The board shall choose from its own members a chairman, secretary, and treasurer.

Source: SL 1965, ch 67, § 2.

13-47-4. Employment of personnel for office--Supplies and equipment.

The commissioner of information and telecommunications may employ clerical help and assistants as may be necessary for the educational telecommunications office, subject to chapter 3-6D. The board may purchase supplies and equipment as deemed necessary.

Source: SL 1965, ch 67, § 4; SL 1979, ch 353, § 11; SL 1994, ch 412, (Ex. Ord. 94-4), § 22; SL 2018, ch 12, § 7.

13-47-4.1. Administrative control over office.

Notwithstanding any other provision of law, the Bureau of Information and Telecommunications shall exercise administrative control over the educational telecommunications office. The board shall exercise control over policy, programming and other executive functions in accordance with licensure requirements of 310(d) of the Federal Communications Act of 1934.

Source: SL 1980, ch 145; SL 1993, ch 148; SL 1994, ch 412 (Ex. Ord. 94-4), § 22.

13-47-5. Meetings of board--Records--Reports.

The board of directors shall meet as often as necessary to perform its duties. An affirmative vote of a majority of the members of the board shall be required to act on any matter falling within the scope of the board. The board shall keep complete minutes of its meetings and make reports.

Source: SL 1965, ch 67, § 3; SL 1975, ch 128, § 324; SL 1985, ch 140.

13-47-6. Expenses of board members.

Members of the board shall be compensated for their services at meetings of the board and shall be reimbursed for mileage, lodging, and meals on the same basis as other state employees; provided, however, that no such compensation shall be paid to any member of the board who is otherwise a regular employee of the state. Claims for expenses authorized under this chapter are to be paid out of funds appropriated therefor, on warrants drawn by the state auditor upon duly itemized vouchers approved by the board.

Source: SL 1965, ch 67, § 6; SL 1967, ch 54.

13-47-7. Telecommunications network sponsored by board.

The board shall have the power and duty to promote and sponsor a noncommercial educational telecommunications network to serve a series of interconnecting units throughout the State of South Dakota.

Source: SL 1965, ch 67, § 5 (1).

13-47-8. Acquisition and use of property.

The board shall have the power and duty to acquire real estate and other property as an agency of the State of South Dakota, and to hold and use the same for educational telecommunications purposes.

Source: SL 1965, ch 67, § 5 (4).

13-47-9. Gifts and contributions for educational telecommunications.

The board shall have the power and duty to receive gifts and contributions from public and private sources in providing educational telecommunications facilities and programs.

Source: SL 1965, ch 67, § 5 (3).

13-47-10. Acceptance and use of federal aid.

The board shall have the power and duty to accept, control, expend, and use any federal funds, grants-in-aid, subventions, or other financial aids that are now, or may be, available to it for planning, construction, and operation of a State Educational Telecommunications Network.

Source: SL 1965, ch 67, § 5 (11).

13-47-11. Federal licenses for telecommunications--Applications, reports, and requests to Federal Communications Commission.

The board shall have the power and duty to apply for and to receive and hold such authorizations and licenses and assignments of channels from the Federal Communications Commission as may be necessary to conduct such educational telecommunications programs by standard broadcast or by closed circuits, and to prepare, file, and prosecute before the Federal Communications Commission all applications, reports, or other documents or requests for authorization of any kind necessary or appropriate to achieve the purposes set forth in this chapter.

Source: SL 1965, ch 67, § 5 (2).

13-47-12. Construction, maintenance, and operation of telecommunications facilities.

The board shall have the power and duty to contract for the construction, leasing, repair, maintenance, and operation of telecommunications facilities.

Source: SL 1965, ch 67, § 5 (5).

13-47-13. Contracting for interconnecting channel service.

The board shall have the power and duty to contract with qualified companies to provide interconnecting channels between broadcasting towers unless it is first determined by the board that state-owned interconnecting channels can be constructed and operated that would furnish a comparable quality of service at a cost to the state that would be less than if such channels were provided by qualified companies.

Source: SL 1965, ch 67, § 5 (6).

13-47-14. Operation of telecommunications network consistent with federal regulations and department policies.

The board shall have the power and duty to arrange for the operation of a state-wide educational telecommunications network, as directed by the board, consistent with the provisions of the Communications Act of 1934, as amended, and applicable rules, regulations, and policies of the Federal Communications Commission and, insofar as elementary and secondary education programs are concerned, consistent with policies of the Department of Education.

Source: SL 1965, ch 67, § 5 (7); SL 2010, ch 77, § 24.

13-47-15. Establishment of general policy for educational telecommunications.

The board shall have the power and duty, after taking into consideration the needs of the entire state, to establish general policies relating to the nature and character of educational telecommunications broadcasts.

Source: SL 1965, ch 67, § 5 (8).

13-47-15.1. INFOTEXT system.

It is in the best interest of the people of South Dakota to allow the Board of Educational Telecommunications to provide for necessary equipment, personnel, and services to provide an INFOTEXT system for public television.

Source: SL 1984, ch 127; SL 1990, ch 446 (E.O. 90-1), § 17.

13-47-16. Standard broadcast and closed circuit programs.

The board shall have the power and duty to arrange for and provide standard broadcast and closed circuit noncommercial educational telecommunications programs to South Dakota citizens and institutions.

Source: SL 1965, ch 67, § 5 (9).

13-47-16.1. Powers of board extended to radio--Construction priorities--Allocation of frequencies.

The provisions of §§ 13-47-2, 13-47-7 to 13-47-12, inclusive, and 13-47-14 to 13-47-16, inclusive, relating to educational telecommunications shall also apply to educational radio broadcasting. The board shall also have the authority to approve and create construction priorities and the allocation of frequencies of proposed board-owned educational radio stations, and shall assist in the development of a state-wide channel allocation plan for noncommercial educational FM radio broadcasting, consistent with federal communications rules and regulations.

Source: SL 1974, ch 138.

13-47-17. Facilities not used for subversive purposes or to influence legislation.

The board shall have the power and duty to make certain that the facilities authorized by this chapter are not used for any purpose which is contrary to the Constitution of the United States or the State of South Dakota, or for broadcasting propaganda, or attempting to influence legislation.

Source: SL 1965, ch 67, § 5 (10).

13-47-18. Lease arrangements for sharing cost of operating facilities.

The board shall have the power and duty to enter into contractual agreements for the purpose of sharing through lease arrangements the cost of operating facilities with federal, state, or political subdivisions, and private persons, organizations, or associations.

Source: SL 1965, ch 67, § 5 as added by SL 1968, ch 59.