12 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION CHAPTER 2 NOTE: Chapter 2 has been replaced by Chapters 50, 52, 54. 56, 58, 60, 62, 64, 66, 68, 70, 72, 74 and 78

---------- GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION CHAPTER 3 NOTE: In the 1974 Supplement of the 1970 Codes, the Editor, renumbered sections of this Chapter because duplicate sections already existed. The sections referred to as the source in this Chapter are those sections as enacted by the Legislature in P.L. 12-194, not the section numbers assigned in the 1974 Supplement. 2011 NOTE: Pursuant to P.L. 30-018 (Apr. 17, 2009), all future references in Guam law made to “KGTF” or “KGTF-TV12” changed to read and mean “PBS Guam” except as it refers to its FCC Call Sign and License and the Guam Educational Telecommunications Corporation Charter

§ 3101. Title

§ 3102. Corporation

§ 3103. Purposes and Authorized Activities

§ 3104. General Powers, Termination Date

§ 3105. Board of Trustees

§ 3106. Duties of the Board

§ 3107. Station Manager of the Facility

§ 3108. Salary and Expenses

§ 3109. Qualifications of Trustees

§ 3110. Board, Miscellaneous Provisions

§ 3111. Corporate Use of Funds

§ 3112. Annual Reports and Audits

§ 3113. Office of Attorney General: Legal Counsel

§ 3114. Guam Education Telecommunications Facility

§ 3115. Property Transfer

§ 3116. Use and Design of the Facility

§ 3117. Employees

§ 3118. Effective Date

§ 3101. Title

COL 03072011 1 12 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION This Chapter may be cited as Telecommunications Act of 1974

the Guam Educational SOURCE: §61000 GC. § 3102. Corporation

There is hereby created a public corporation to be known as the Guam Educational Telecommunications Corporation hereinafter provided. SOURCE: §61001 GC. § 3103. Purposes and Authorized Activities

(a) It is the purpose of this Chapter to create a public corporation which will present educational television to the people of Guam and which will involve the people of Guam in its activities to the maximum extent possible. (b) The Corporation is authorized to own, and be the licensee of that television facility now having the station call sign of KGTF, and any other like facilities which the Corporation may hereafter acquire, all for the purpose of fostering cultural and educational growth for the people of Guam, through the medium of television and electronic visual media. (c) The Corporation is authorized to make studies, cause to be conducted investigations into the needs of the people of Guam, and their desires as it relates to the productions of the Corporation and programs shown by it. (d) The Corporation is authorized to promulgate through its facilities such educational and cultural programming as it determines is proper, and to accept from any similar educational and cultural television stations or networks any programming which the Corporation desires to present on Guam

(e) The Corporation is authorized to affiliate itself with any educational and cultural television station or network which would aid its functions on Guam, including, but not limited to such entities as the Public Broadcasting Service, and any educational satellite service which may be available. (f) The Corporation is authorized to obtain land belonging to the government of Guam as required to carry out its purposes and objectives, COL 03072011 2 12 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION under such terms and tenure as the Legislature may prescribe by appropriate legislation. (g) The Corporation at no time may be authorized to broadcast commercially. SOURCE: §61002 GC. § 3104. General Powers, Termination Date

The Corporation shall have, and may exercise, the following general powers in carrying on the activities specified in § 3103 of this Chapter: (a) To have perpetual succession, unless sooner terminated by law. (b) To adopt, alter and use a corporate seal, which shall be judicially noticed. (c) To adopt, amend and repeal by laws and other rules, regulations and directives governing the conduct of its business, and the performance of the powers and duties granted to or imposed upon it by law. No rule affecting the general public, as opposed to its employees, shall become effective without first complying with the Administrative Adjudication Act

(d) To sue and be sued in its corporate name. (e) To determine the character of and the necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed and paid, subject to any limitation contained in any appropriation bill passed for the Corporation and the conditions or qualifications in any grant or gift received by the Corporation. (f) To acquire, in any lawful manner, any property, real, personal or mixed, tangible or intangible, and to hold, maintain, use and operate the same, and to sell, lease, encumber or otherwise dispose of the same, whenever any of the foregoing transactions are deemed necessary or appropriate to the conduct of the activities authorized by this Chapter, and on such terms and conditions as may be prescribed by the Corporation. (g) To enter into and perform such contracts, leases, grant agreements, cooperative agreements or other transactions with any agency or instrumentality of the United States, or with any state, territory or possession, or any political subdivision thereof, or with COL 03072011 3 12 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION any person, firm, association or corporation, public or private, as may be deemed necessary or appropriate to the conduct of the activities authorized by this Chapter, and on such terms and conditions as may be prescribed by the Corporation. (h) To execute all instruments necessary or appropriate in the exercise of any of its functions. (i) To directly employ or contract, with regard to the provisions of the Personnel and Compensation Laws, for the services of such clerical, technical, production and other employees as may be necessary for the conduct of the Corporation, to delegate to them such powers and to prescribe for them such duties as may be deemed appropriate by the Corporation or as may be set by law, to fix and pay such compensation to them for their services as the Corporation may determine with regard to the provisions of the government of Guam Personnel and Compensation Laws, to require bonds from such of them as the Corporation may designate, and to remove and discharge such employees and other clerical, technical and production personnel, likewise with regard to the provisions of personnel laws and regulations

(j) To accept gifts, donations of services or of property of any description in aid of any of the activities authorized by this Chapter. (k) To take steps to solicit gifts, donation of services or of property from the general public, from corporations and from any other source found by the Corporation in aid of its authorized activities, and to make this source of financing a major source of funds for the Corporation as soon as is possible. (l) To request from the Legislature annual appropriations, and any necessary supplements thereto, said appropriations shall not exceed fifty percent (50%) of the total budget to sustain the Corporation and its authorized activities. Any appropriation authorized by this Subsection shall be contingent upon the Corporation’s having matching funds available in the amount requested at the ratio of one to one. Said appropriation shall be in addition to the funds sought from non-governmental sources, or from federal grants or assistance, or from any assistance which might be received from quasi- governmental sources other than the government of Guam. COL 03072011 4 12 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION (m) To construct, equip, operate and maintain facilities necessary for the creation, production and transmission of programs of the type authorized to be shown by the Corporation. This shall specifically include the power to hold, in its own name, the FCC licenses required for the operation of Educational TV Station, KGTF, now owned and operated by the government of Guam. (n) To create, produce, write, direct and transmit educational and cultural television programming over the facilities of the Corporation. (o) To settle and adjust, claims held by it against other persons or parties and by other persons or parties against the Corporation. (p) To take such action and carry on any other operations and do all that may be necessary or appropriate to carry out the powers and duties herein or hereafter specifically granted to or imposed upon the Corporation. SOURCE: §61003 GC. § 3105. Board of Trustees

The Corporation shall be governed by a Board of Trustees, who shall consist of seven (7) members of the general public: one (1) of whom must be employed as a classroom teacher with at least three (3) years of teaching experience, none of whom, except the classroom teacher, may be an employee of the government of Guam, who shall be appointed by I Maga=lahen Guahan with the advice of and consent of I Liheslaturan Guahan. The membership representing the general public shall serve for a term of four (4) years; provided, however, that in making the first appointment, I Maga=lahen Guahan shall designate three (3) persons to serve a one (1) year term, two (2) to serve a three (3) year term and two (2) persons to serve a four (4) year term. If a member appointed under this Subsection shall, during his term of office, permanently departfrom the Island, resign or otherwise be unable to fulfill the responsibilities of the position, I Maga=lahen Guahan shall appoint a new member to fill the unexpired term in the same manner as prescribed for appointment to a new term. All members of the Board shall serve for the term specified or until their successors are appointed and qualified

SOURCE: §61004 GC. Amended by P.L. 25-36:1

§ 3106. Duties of the Board

COL 03072011 5 12 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION All functions and powers of the Corporation shall be vested in and be exercised by and under the direction of the Board of Trustees, which shall be composed of seven (7) members as specified § 3105, above. The Governor shall appoint one (1) member to be chairman. SOURCE: §61005 GC. § 3107. Station Manager of the Facility

Subject to the advice and consent of the Legislature, the Governor of Guam, upon the recommendation of the Board, shall appoint a Station Manager of the facility who shall be responsible to the Board for the day- to-day operation of the Corporation and shall administer its programs, policies and the facility used for and in the production and transmission of the Corporation’s programs. The Station Manager shall serve a fixed term as specified by the Board, or until his successor has been appointed and qualified. The Board shall fix policy and procedure applicable if the Station Manager is unable, for any reason, to complete his term. The Station Manager shall not participate in any decision of the Board relative to the fixing of his term, his salary nor on any matter affecting his tenure in office, nor shall he vote thereon. SOURCE: §61006 GC, as amended by P.L. 13-93. § 3108. Salary and Expenses

The Station Manager shall be paid a salary and such other allowances and emoluments as the Board may approve. The salaries of the other employees of the Corporation shall be determined by the Board upon the recommendation of the Station Manager in accordance with the provisions of 4 GCA Chapter 4

SOURCE: §61007 GC, as amended by P.L. 13-93. § 3109. Qualifications of Trustees

The Board members appointed from the general public shall be U.S. citizens, and who have resided on Guam for at least six (6) months immediately preceding their appointment, who have demonstrated their interest in public television, and who have no direct or indirect interest in commercial broadcasting on Guam. SOURCE: §61008 GC. § 3110. Board, Miscellaneous Provisions

COL 03072011 6 12 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION (a) The Board shall be responsible for the management, administration, policies and direction of the Corporation and shall exercise supervision through the Station Manager. (b) The Board shall meet in regular session at least once each month, commencing during the fourth month following the enactment of this Chapter, and in special session as often as it may deem necessary. Meetings of the Board shall be open, except for matters pertaining to the hiring and dismissal of any employee or Station Manager of the Corpora- tion. (c) A majority of the Board shall constitute a quorum for the transaction of business. The Board shall act by a vote of at least four (4) of its members. (d) The Board members shall receive no salary for their services on the Board, provided, however, that they may be paid a reasonable per diem not to exceed Fifty Dollars ($50) for attendance at meetings of the Board and reasonable travel allowance for time spent on official business of the Corporation, except that the Station Manager shall not be paid any sums under this clause. SOURCE: §61009 GC, as amended by P.L. 13-93; Subsection (d) further amended by P.L. 15-148. Blanket provision abolishing all per diem enacted by P.L. 16-44:21 but repealed by P.L. 16-115

§ 3111. Corporate Use of Funds

The Corporation is authorized to use its funds, from whatever source derived, in the exercise of its corporate powers and functions. SOURCE: §61010 GC. § 3112. Annual Reports and Audits

The Corporation shall submit to the Governor and the Legislature a detailed annual report of activities and an audited annual financial report. For this purpose, it shall also submit to the Governor and the Legislature, such other special reports as they may require from time to time. The Corporation’s books shall likewise be subject to annual legislative audit as prescribed by law. SOURCE: §61011 GC. § 3113. Office of Attorney General: Legal Counsel

COL 03072011 7 12 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION The Corporation shall utilize the Office of the Attorney General as its legal counsel, unless the Attorney General, in writing, authorizes the Corporation to utilize private counsel. SOURCE: §61012 GC. § 3114. Guam Education Telecommunications Facility

(a) The facility shall consist of the production and broadcasting equipment necessary to artistically produce and project television programs. It shall be staffed by responsible professional and technical employees whose combined efforts will result in meaningful and entertaining television fare. (b) The facility shall be organized under the Station Manager. (c) It shall consistently strive to stay abreast of the state of the art and maintain the highest possible levels of programming, concept design and production. It shall study and recommend to the Corporation such expansion, modification, extension or other change necessary to serve its stated goals and to best serve the needs of all of the people of Guam. SOURCE: §61013 GC, as amended by P.L. 13-93. § 3115. Property Transfer

All property, facilities, equipment, supplies, records and file exclusively used, issued or pertaining to the television production section of the Learning Resources Center of the Department of Education or of the University of Guam and which are now installed or contemplated at the Learning Resources Center or at the University of Guam and relate to the design and function of the facility are hereby transferred to the Corporation for its use. The facility shall maintain and operate such equipment, in conjunction with its own or similarly acquired equipment as directed by the Corporation to serve the educational telecommuni- cations needs of the Department of Education, the University of Guam and the general public. The funding for services provided the Department of Education and the University of Guam shall be provided by the Legislature. SOURCE: §61014 GC. 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. P.L. 30-050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Education. References to Guam Public School System have been changed to Department of Education pursuant to P.L. 30-050:3

COL 03072011 8 12 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION § 3116. Use and Design of the Facility

The facility, under the Station Manager, shall be responsible for carrying out the purposes of the Corporation as provided by law and as directed by the Board of Trustees. The Station Manager shall establish such divisions as he deems necessary for the proper operation of the facility, including but not limited to Administration, Programming, Production and Engineering. Each division shall undertake the tasks and functions assigned to it by the Station Manager. SOURCE: §61015 GC, as amended by P.L. 13-93. § 3117. Employees

(a) The Station Manager shall establish, after approval of the Board, in and dismissal from the conditions of entry to, maintenance employment in the Corporation not in conflict with the provisions of the Director of Administration. Employees shall be provided Workmen’s Compensation coverage, Health Insurance and shall be members of the Guam Retirement Fund, provided, that contract employees shall not be members of the Guam Retirement Fund. (b) The Station Manager shall be responsible for recruitment of all employees of the Corporation

SOURCE: §61016 GC, as amended by P.L. 13-93. Amended by P.L. 28-068:IV:42 and 47 (Sept. 30, 2005), effective January 1, 2006; reference to Civil Service Commission changed to Director of Administration

§ 3118. Effective Date

(a) This Chapter shall become effective July 1, 1975. Within three (3) months after the enactment of this Chapter, the Governor shall make the required appointments of Board members, and an orderly transition shall be commenced to transfer the facility, Television Station KGTF, and personnel from the present organization under Executive Order No. 70-6, dated March 24, 1970, to that established by this Chapter. (b) The Governor and the Corporation shall take all steps necessary to transfer the Federal Communications Commission license for Station KGTF from the present holder to the Corporation. (c) All employees working exclusively in areas which will become the responsibility of the Corporation upon its establishment shall be transferred to the Corporation without loss of pay or benefits, and shall remain with the Corporation for a period of not less than six (6) months, COL 03072011 9 12 GCA AUTONOMOUS AGENCIES CH. 3 GUAM EDUCATIONAL TELECOMMUNICATIONS CORPORATION unless the Corporation determines that removal is necessary for acts or omissions during their tenure with the Corporation. (d) Upon assumption by the Corporation of the full duties transferred to it by the present management of Station KGTF by this Chapter, all prior memoranda, Executive Orders and Director’s orders which are in conflict with this Chapter are hereby superseded and repealed. SOURCE: §61017 GC. ---------- COL 03072011 10