ORS Chapter 354
Chapter 354 — EducationalTelevision and Radio; Translator Districts; Distance Learning
2009 EDITION
EDUCATIONALTV, RADIO; TRANSLATOR DISTRICTS; DISTANCE LEARNING
EDUCATIONAND CULTURE
STATERADIO STATIONS
354.090 Managementof state radio station at Oregon Institute of Technology
EDUCATIONALTELEVISION, RADIO AND DISTANCE LEARNING
354.410 Definitionsfor ORS 354.410 to 354.430
354.420 Purposeof ORS 354.410 to 354.430
354.430 Authorityof Department of Education; disposition of sale proceeds
354.435 Distancelearning course outlines
TRANSLATORDISTRICTS
354.605 Definitionsfor ORS 354.605 to 354.715
354.615 Applicationof ORS 354.605 to 354.715
354.625 Creationof translator district; boundaries of district
354.635 Contentsof petition of formation
354.645 Whenelection on formation and first board to be held
354.650 Electionlaws applicable
354.655 Districtboard; membership; quorum; term; expenses
354.665 Boardduties; rules
354.675 Powersof district
354.680 Useof commercial matter; solicitation of financial support
354.685 Methodsof finance
354.690 Liabilityfor service charge; notice; exemption; collection of delinquent charges
354.705 Referralof increase in minimum tax rate to voters
354.715 Dissolution,liquidation and transfer proceedings
PENALTIES
354.990 Penalties
354.010 [Repealed by1983 c.286 §1]
354.020 [Repealed by1983 c.286 §1]
STATERADIO STATIONS
354.090Management of state radio station at Oregon Institute of Technology. The State Boardof Higher Education is declared the managing agency of the FM radio stationKTEC, licensed to the Oregon Institute of Technology, and as such shallprescribe rules and regulations in conformity with the regulations and laws ofthe United States Government relating to educational FM radio stations. By suchrules and regulations the State Board of Higher Education shall make thefacilities of the radio station available in the training programs of theOregon 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354.105 [1979 c.657 §3;1985 c.505 §1; repealed by 1993 c.208 §13]
354.115 [1979 c.657 §4;1981 c.518 §1; repealed by 1993 c.208 §13]
354.125 [1979 c.657 §6;repealed by 1993 c.208 §13]
354.135 [1979 c.657 §5;1981 c.518 §2; 1985 c.505 §2; repealed by 1993 c.208 §13]
354.145 [1979 c.657 §7;repealed by 1993 c.208 §13]
354.155 [1979 c.657 §8;repealed by 1993 c.208 §13]
354.165 [1979 c.657 §9;repealed by 1993 c.208 §13]
354.175 [1979 c.657 §10;repealed by 1981 c.518 §9]
354.180 [1981 c.518 §6;repealed by 1993 c.208 §13]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]
EDUCATIONALTELEVISION, RADIO AND DISTANCE LEARNING
354.410Definitions 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 fordirect teaching and instructional enrichment which are transmitted for viewing,listening or interactive instruction in connection with instruction in publicelementary and secondary education by state-operated educational television andradio stations or by program providers approved by the State Board ofEducation.
(2)“Direct teaching” means instruction primarily by educational television orradio or by live interactive transmission in a subject or course of study whichis a part of the public school curriculum as authorized by the State Board ofEducation.
(3)“Instructional enrichment” means instruction by means of educational televisionor radio or live interactive transmission which is designed to improve,supplement, complement, or strengthen instruction in a subject or course ofstudy which is a part of the public school curriculum. [1961 c.535 §2; 1989c.285 §1]
354.420Purpose of ORS 354.410 to 354.430. (1) The purpose of ORS 354.410 to354.430 is to encourage the development of and provide means for makingeducational television and radio and distance learning programs of directinstruction and instructional enrichment for pupils available to the publicschools of the state and to provide for the authorization and approval of suchprograms by the State Board of Education.
(2)Subject to the approval of the state board, school districts may useeducational television and radio and distance learning to provide instructionin the public schools of Oregon. [1961 c.535 §§1,3; 1965 c.100 §453; 1989 c.285§2; 1989 c.491 §59; 2005 c.22 §252]
354.430Authority of Department of Education; disposition of sale proceeds. The Departmentof Education may utilize its appropriate personnel and facilities and any fundsmade available to it:
(1)To stimulate interest by school districts in the appropriate use of educationaltelevision and radio and distance learning in the public schools.
(2)To plan and produce suitable educational television and radio and distancelearning programs of direct instruction and instructional enrichment for pupilsin the public schools.
(3)To cooperate with officials of state-operated educational television and radiostations and providers of distance learning programs in planning and producingsuitable programs of direct teaching and instructional enrichment for thepublic schools.
(4)To assist local school districts in planning suitable programs of educationaltelevision and radio and distance learning for the public schools, and tocooperate with officials of state-operated educational television and radiostations and providers of distance learning programs in producing suchprograms.
(5)To employ personnel and pay expenses for services, materials, equipment andsupplies necessary for the administration of ORS 354.410 to 354.430.
(6)To contract for and pay for professional services utilized in the developmentand production of programs for educational television and radio and distancelearning.
(7)To purchase, rent, lease or contract for use of filmed, taped or otherwiserecorded educational television and radio or distance learning programs fromavailable sources and to sell programs or to exchange them for others of asimilar nature.
(8)All moneys received under subsection (7) of this section shall be deposited inthe State Treasury to the credit of the Department of Education and shall beused exclusively for the purposes authorized by this section. [1961 c.535 §5;1965 c.100 §454; 1967 c.570 §1; 1989 c.285 §3]
354.435Distance learning course outlines. Distance learning course outlines shallbe submitted by the course providers to the Department of Education for reviewand 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]
TRANSLATORDISTRICTS
354.605Definitions 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 isprincipally 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 Commissionapproved equipment owned by a district which serves the district by receiving,amplifying and transmitting signals broadcast by one or more televisionstations and public service signals which are allowed by Federal CommunicationsCommission regulations. When the district transmits signals through VHFequipment, the district shall provide for an automatic encoder to preventsignal deviation. [1975 c.286 §1; 1979 c.108 §7; 1997 c.518 §1]
354.615Application 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 operationof community antenna systems or the redistribution of any signals, writings,images, sounds or intelligence of any nature by cable. [1975 c.286 §2 (2); 1979c.108 §8; 1985 c.445 §3]
354.625Creation of translator district; boundaries of district. (1) Atranslator district may be created as provided by ORS 354.605 to 354.715 forthe construction, maintenance and operation of translator stations and thetransmission and reception of television broadcast signals in areas so remote fromregular transmission points that adequate television programming is notavailable to the public. The translator transmitting facilities shall conformto all FCC rules and regulations and shall be prohibited from interfering withall existing reception facilities, including but not limited to off-airantennas, CATV or MATV.
(2)The boundaries of any district organized under ORS 354.605 to 354.715 shall bedetermined pursuant to the provisions of ORS 198.720. [1975 c.286 §2 (1), (3);1979 c.108 §9]
354.635Contents of petition of formation. (1) In addition to matters named in ORS198.750, 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 televisionchannels 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 theprincipal county and the proceeding conducted as provided in ORS 198.705 to198.845. [1975 c.286 §3; 1979 c.108 §10; 2005 c.22 §253]
354.645When election on formation and first board to be held. The formationand changes of organization of a district shall take place in the manner providedin ORS 198.705 to 198.955. [1975 c.286 §4; 1979 c.108 §11]
354.650Election 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 andreferendum regarding a district measure, in accordance with ORS 255.135 to255.205. [1983 c.350 §216]
354.655District board; membership; quorum; term; expenses. (1) Thedistrict board shall consist of five members, each of whom shall be an electorof the district. The terms of office for the district board members firstelected shall be determined by lot. The terms of two shall expire June 30 nextfollowing the first regular district election and the terms of three shallexpire 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 bythe members, an organizational meeting shall be held and officers selected. Amajority of the members shall constitute a quorum for the transaction ofbusiness.
(3)Except as provided in subsection (1) of this section, the term of office ofeach district board member is four years.
(4)The members of the district board shall serve without compensation, but shallbe entitled to receive actual and necessary travel and other expenses incurredin the performance of their duties.
(5)The district board shall fill any vacancy on the board in the manner providedin ORS 198.320. [1975 c.286 §5; 1979 c.108 §12; 1983 c.83 §78; 1983 c.350 §214]
354.665Board 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]
354.675Powers of district.A translator district shall have full power to carry out the objectives of itsformation and to that end may:
(1)Acquire by purchase, devise or gift or voluntary grant real and personalproperty or any interest therein including any rights of way or easementsnecessary or convenient for its purposes.
(2)Sue and be sued in its own name.
(3)Build, construct, improve, operate and maintain, subject to other applicableprovisions of law, any translators necessary for the transmission of signalsintended to be received by the general public.
(4)Perform all acts necessary to insure an efficient and equitable distribution oftelevision programming within the district subject to the availability of fundsin the approved budget.
(5)Make contracts of any lawful nature, employ personnel, including any technicalor professional consultants necessary to carry out the provisions of ORS354.605 to 354.715.
(6)Apply for, accept and hold any licenses or permits required under federal orstate law. [1975 c.286 §7; 1979 c.108 §13]
354.680Use of commercial matter; solicitation of financial support. (1) A districtshall not delete television commercial matter in the signals it transmits,without written permission from