PRINTER'S NO. 336
No. 292 Session of 1983
INTRODUCED BY SWEET, MOWERY, COWELL, HAYES, D. R. WRIGHT, NOYE,
SIRIANNI, KOWALYSHYN, BOWSER, LEVIN, E. Z. TAYLOR, CIMINI,
PISTELLA, MORRIS, POTT, GALLAGHER, COY, J. L. WRIGHT,
HALUSKA, PRATT, McVERRY, JOHNSON AND MADIGAN, MARCH 14, 1983
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 14, 1983
AN ACT
1 Amending the act of November 20, 1968 (P.L.1075, No.329),
2 entitled "An act providing for the growth and development of
3 noncommercial educational television; creating the
4 Pennsylvania Public Television Network Commission as an
5 independent commission and defining its powers and duties,"
6 changing the name of the commission; broadening its powers
7 and duties; providing for its termination; and making an
8 editorial change.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The title and section 1 of the act of November
12 20, 1968 (P.L.1075, No.329), referred to as the Public
13 Television Network System Law, are amended to read:
14 AN ACT
15 Providing for the growth and development of [noncommercial
16 education television;] noncommercial and educational
17 telecommunications; creating the Pennsylvania Public
18 [Television Network] Telecommunications Commission as an
19 independent commission and defining its powers and duties.
20 Section 1. Declaration of Public Policy.--The General
1 Assembly hereby declares that it is in the public interest of
2 the Commonwealth to encourage and develop the growth of
3 [noncommercial educational television broadcasting]
4 noncommercial and educational telecommunications, including the
5 use of such media for instructional purposes; that the expansion
6 and development of [noncommercial educational television
7 broadcasting and its] noncommercial and educational
8 telecommunication and programming diversity [depend] depends on
9 freedom, imagination and initiative; that it furthers the
10 general welfare to encourage such programming which will be
11 responsive to the problems, needs and interests of people
12 throughout the Commonwealth and which will constitute an
13 expression of diversity and excellence; that it is necessary and
14 appropriate for the State government to complement, assist and
15 support a policy that will most effectively make [noncommercial
16 educational television service] noncommercial and educational
17 telecommunications services available to the people of the
18 Commonwealth; that while the primary public interest is in
19 providing only sufficient capacity for facilitating
20 noncommercial and educational broadcast services, the required
21 equipment should also be used to facilitate nonbroadcast
22 telecommunication services when the nature of the public
23 telecommunication facilities creates excess capacity; and that
24 an independent commission should be created to facilitate the
25 development of [educational television broadcasting and to
26 afford] noncommercial and educational telecommunications within
27 the Commonwealth, and that the commission should be afforded
28 maximum protection from extraneous interference and control.
29 Section 2. The act is amended by adding a section to read:
30 Section 1.1. Definitions.--The following words and phrases
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1 when used in this act shall have the meanings given to them in
2 this section unless the context clearly indicates otherwise:
3 "Commission." The Pennsylvania Public Telecommunications
4 Commission.
5 "For profit business." A foundation, corporation,
6 partnership or other association, part of the net earnings of
7 which inure, or may lawfully inure, to the benefit of any
8 private shareholder or individual.
9 "Interconnection." The use of microwave equipment,
10 translaters, repeaters, communication space satellites or other
11 apparatus or equipment for the transmission and distribution of
12 television and radio programs and, to the extent excess capacity
13 is available, other electronic signals between telecommunication
14 entities.
15 "Network system of public telecommunication entities." Any
16 combination of public telecommunications entities acting
17 cooperatively to produce, acquire or distribute programs or to
18 undertake other related or ancillary telecommunications
19 activities.
20 "Noncommercial and educational telecommunications." Any
21 educational, community service, public service, public affairs
22 or cultural telecommunications of benefit to the area or
23 community to be served by a public telecommunications entity.
24 "Noncommercial educational broadcast station" and "public
25 broadcast station." A television or radio broadcast station
26 which, under the rules and regulations of the Federal
27 Communications Commission, is licensed by the Federal
28 Communications Commission as a noncommercial educational radio
29 or television broadcast station and which is owned and operated
30 by a public agency or nonprofit private foundation, corporation
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1 or association.
2 "Noncommercial telecommunications entity." Any enterprise
3 which is owned and operated by a state, political or special
4 purpose subdivision of a state, public agency or nonprofit
5 private subdivision of a state, public agency or nonprofit
6 private foundation, corporation or association, which has been
7 organized primarily for the purpose of disseminating audio or
8 video noncommercial and educational programs or information
9 other than by means of television or radio broadcast stations
10 including, but not limited to, other means such as coaxial
11 cable, optical fiber, broadcast translaters, cassettes, discs,
12 microwave or laser transmission through the atmosphere.
13 "Not-for-profit organization." An entity such as an
14 educational institution, hospital, charity, foundation or
15 association which is engaged in educational, community service,
16 public service, public affairs or cultural activity and no part
17 of the earnings of which inure, or may lawfully inure, to the
18 benefit of any private owner, partner or shareholder.
19 "Public broadcasting entity." Any licensee or permittee of a
20 public broadcasting station or any nonprofit institution engaged
21 primarily in the production, acquisition, distribution or
22 dissemination of educational and cultural television or radio
23 programs.
24 "Public telecommunications entity." A public broadcast
25 station or a noncommercial telecommunications entity which
26 disseminates public telecommunications services to the public.
27 "Public telecommunications facilities." Apparatus necessary
28 for production, interconnection, captioning, broadcast or other
29 distribution of programming including, but not limited to,
30 studio equipment, cameras, microphones, audio and video storage
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1 or reproduction equipment, or both, signal processors and
2 switches, towers, antennas, transmitters, translators, microwave
3 equipment, mobile equipment, satellite communications equipment,
4 instructional television fixed service equipment (ITFS),
5 multipoint distribution service equipment (MDS), subsidiary
6 communications authorization (SCA), transmitting and receiving
7 equipment, cable television equipment, video and audio cassettes
8 and discs, optical fiber communications equipment and other
9 means of transmitting, emitting, storing and receiving images
10 and sounds or intelligence.
11 "Teleconferencing." The means whereby interactions between
12 people or groups of people who are in different places are
13 conveyed electronically.
14 Section 3. Sections 2 and 3 of the act are amended to read:
15 Section 2. Creation of Commission.--There is hereby created
16 the Pennsylvania Public [Television Network] Telecommunications
17 Commission, hereinafter referred to as "commission," as an
18 independent commission with powers to encourage the growth and
19 development of [noncommercial television broadcasting and
20 programming] noncommercial and educational telecommunications
21 facilities including, but not limited to, broadcasting and
22 programming, educational telecommunications services,
23 teleconferencing and other related services. Such commission
24 shall consist of twenty-two commissioners, who shall be
25 appointed or designated as follows: The Governor shall appoint
26 six members, by and with the advice and consent of the Senate
27 for a term of six years, who shall be selected so as to provide
28 a broad representation as nearly as practicable, of various
29 professions and occupations and various kinds of talent and
30 experience appropriate to the functions and responsibilities of
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1 the commission. The Governor shall also appoint a representative
2 of private education and a representative of public education
3 and shall designate the chairman of the commission.
4 The following shall be ex officio members of the commission:
5 the [Superintendent of Public Instruction] Secretary of
6 Education or his nominee; the chairman of the Pennsylvania
7 Council on the Arts; the chairman of the Network Operations
8 Committee; and a member from each of the seven governing boards
9 of public television station licensees serving the Commonwealth.
10 The President Pro Tempore of the Senate, the minority leader
11 of the Senate, the Speaker of the House and the minority leader
12 of the House shall each appoint one member of their respective
13 Chambers and insure that there is majority and minority party
14 representation.
15 Such commissioners shall receive no salary but shall be
16 reimbursed for expenses incurred in the performance of their
17 official duties. The commission shall appoint such deputies,
18 secretaries, officers as it may deem necessary, and shall
19 perform all things necessary and proper, consistent with the
20 powers and duties imposed upon it by this act.
21 Such commission shall, annually, make a full report to the
22 Governor and the General Assembly as soon as possible after the
23 close of each fiscal year, and make such other reports at such
24 intervals as it deems necessary and advisable.
25 Section 3. Powers and Duties of the Pennsylvania Public
26 [Television Network] Telecommunications Commission.--The powers
27 and duties of the commission shall include, but not be limited
28 to, the following:
29 (1) To assist, develop and support a statewide policy to
30 encourage the growth and development of a dynamic, free and
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1 effective public [television] broadcasting service;
2 (2) To make grants to public television and radio stations
3 serving Pennsylvania to aid in the improvement of their
4 broadcast operations, programming, and capital facilities. The
5 commission may also make grants to other public broadcasting
6 stations and noncommercial telecommunications entities as it
7 deems appropriate;
8 (3) To establish [and], develop and operate, on behalf of
9 the Commonwealth, a public television and radio network system
10 interconnecting all noncommercial television stations serving
11 Pennsylvania and, to the extent that the nature of public
12 telecommunications facilities of sufficient capacity to
13 facilitate noncommercial and educational broadcasting services
14 create excess capacity of the network system to establish,
15 develop and operate in cooperation with other Commonwealth
16 agencies such other noncommercial telecommunications network
17 systems and interconnections as the commission shall deem
18 necessary for the conduct of its duties;
19 (4) To insure the diversity of programming to allow for
20 freedom, imagination, objectivity and initiative on both the
21 State and local level and to insure that the [networks] network
22 systems and interconnections shall not be misused for political
23 or other propaganda purposes contrary to the Federal
24 Constitution or the Constitution of the Commonwealth of
25 Pennsylvania;
26 (5) To apply for, receive and distribute Federal funds,
27 State funds and public or private funds from any source
28 whatsoever, and to serve as a coordination agency in connection
29 with those funds which are available through the Federal Public
30 Broadcasting Act of 1967 and other Federal legislation now or
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1 hereinafter enacted;
2 (6) To enter into contracts, leases and other arrangements
3 to own and operate interconnection and switching facilities and
4 equipment pertinent to [a] statewide network systems and to
5 apply to the Federal Communications Commission and other State
6 or Federal agencies for such licenses necessary to operate and
7 maintain such [a] network systems;
8 (7) To contract with or make plans with other agencies or
9 individuals to [program productions] produce programs and
10 otherwise to procure educational and public [television]
11 broadcasting programs for distribution to the [noncommercial
12 educational television network] commission's network systems;
13 (8) To enter into agreements with the Commonwealth, its
14 agencies, and not-for-profit organizations to provide or receive
15 noncommercial and educational telecommunications which can be
16 provided or furnished without unduly interfering with the
17 commission's primary function of developing noncommercial and
18 educational broadcast services: Provided, however, That nothing
19 herein shall authorize or empower the commission to provide
20 telecommunications services to for-profit businesses or to act
21 as a public utility. The agreements may provide for payment to
22 the commission of a reasonable fee which shall augment the
23 commission's appropriation for the current fiscal year.
24 [(8)] (9) To conduct research, demonstration and training
25 activities in matters relating to [noncommercial educational]
26 noncommercial and educational telecommunications and public
27 [television] broadcasting;
28 [(9)] (10) To establish and maintain a library and archives
29 for programs and related materials and to develop and promote
30 public awareness of and disseminate information concerning
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1 [noncommercial educational] noncommercial and educational
2 telecommunications and public [television] broadcasting; and
3 [(10)] (11) To do all things necessary and proper to
4 effectuate the provisions of this act which are not inconsistent
5 with law, and to promulgate rules and regulations relative
6 thereto.
7 Section 4. The act is amended by adding sections to read:
8 Section 4.1. Legislative Oversight.--A copy of every rule or
9 regulation or amendment to a rule or regulation proposed by the
10 commission shall be submitted to the Secretary of the Senate and
11 the Chief Clerk of the House of Representatives who shall cause
12 the rules or regulations to be printed and distributed among all
13 members of both chambers in the same manner as a reorganization
14 plan. If both bodies approve the rules or regulations or if both
15 bodies fail to act within sixty days of receipt of such rules or
16 regulations, or within ten legislative days after receipt,
17 whichever shall last occur, rules or regulations adopted by the
18 commission shall be promulgated pursuant to the provisions of
19 the act of July 31, 1968 (P.L.769, No.240), referred to as the
20 Commonwealth Documents Law and 45 Pa.C.S. Part II (relating to
21 publication and effectiveness of Commonwealth documents). If
22 either chamber disapproves any rule or regulation, such
23 information shall be certified by the Speaker of the House of
24 Representatives or President pro tempore of the Senate to the
25 commission and such rule or regulation shall not be promulgated
26 as a final rule or regulation.
27 Section 4.2. Termination.-- Six years from the date of
28 enactment of this section, the commission with its corresponding
29 statutory functions and duties shall cease to initiate any new
30 activities and shall proceed to terminate its affairs, unless
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1 continued by an act of the General Assembly prior to its
2 termination date. Not later than nine months prior to
3 termination of the commission, the State Government Committees
4 of the House of Representatives and Senate shall conduct a
5 review of the performance and effectiveness of the commission
6 and make public a report of their findings, conclusions and
7 recommendations, including proposed legislation for such
8 continuation or reorganization of the commission as deemed
9 appropriate.
10 Section 5. This act shall take effect in 60 days.
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