North Dakota Administrative Code Title 23 - Educational Broadcasting Council
Overview: Title 23 — Educational Broadcasting Council
Title 23 of the NDAC pertains to the North Dakota Educational Broadcasting Council (EBC), which is the state agency responsible for overseeing public educational broadcasting services in North Dakota. This includes coordinating and supporting public radio and television stations that provide educational, cultural, and informational programming.
The purpose of the Council is to ensure that residents of North Dakota have access to quality educational broadcasting that serves public interests, including formal education, lifelong learning, and cultural enrichment.
Statutory Authority
The Council operates under authority granted by North Dakota Century Code (NDCC) Chapter 15-11, which establishes the Educational Broadcasting Council and outlines its powers.
NDCC Chapter 15-11 gives the Council authority to administer state funds allocated for public broadcasting, enter into contracts, coordinate statewide programming, and promote educational use of broadcasting.
Structure and Membership
The Council consists of members appointed by the Governor, including representatives from the public, education sector, and broadcasting industry.
Members serve staggered terms and operate as a policymaking and oversight body.
The Council appoints an Executive Director to manage daily operations and implement policies.
Key Functions of the Educational Broadcasting Council under Title 23
1. Funding and Grant Administration
The Council administers state funds appropriated for educational broadcasting.
It allocates grants to public radio and television stations, educational institutions, and community groups.
Rules specify application procedures, reporting requirements, and conditions for grant eligibility.
2. Program Coordination
The Council coordinates programming among the various public broadcasting stations to avoid duplication and maximize educational impact.
It encourages production and broadcast of programs related to North Dakota’s history, culture, education, and public affairs.
Rules may govern content standards ensuring alignment with educational goals.
3. Technical and Operational Standards
The Council establishes minimum technical standards for broadcasting equipment and facilities funded through state programs.
It may require periodic inspections or reports to ensure compliance with these standards.
Title 23 also addresses licensing and compliance with federal communications regulations in cooperation with the FCC.
4. Public Access and Outreach
The Council promotes public access to educational broadcasting services, including outreach to underserved or rural communities.
It supports efforts to increase community involvement and feedback in programming decisions.
Accessibility requirements for persons with disabilities are also addressed.
5. Policy Development
The Council develops policies on content, operations, funding priorities, and partnerships.
It consults with educators, broadcasters, and community stakeholders to ensure policies meet public educational needs.
Administrative Procedures Under Title 23
The Council follows rules consistent with the North Dakota Administrative Procedure Act for rulemaking, public hearings, and appeals.
Stations or entities denied funding or adversely affected by Council decisions may seek administrative review.
Procedures for filing complaints or requests for reconsideration are established to ensure fairness and transparency.
Relevant Legal Principles and Case Law Context
Case Law Specific to Title 23
There are no widely reported North Dakota appellate decisions directly interpreting or challenging rules under Title 23 or actions by the Educational Broadcasting Council. However, several related legal principles apply:
1. Public Funding and Free Speech
Public broadcasting, funded partly by government entities like the Council, operates under First Amendment principles.
Courts have held that while government can allocate funds to support educational programming, it cannot engage in viewpoint discrimination or censorship inconsistent with free speech rights.
See cases like FCC v. League of Women Voters, which while federal, set principles about government funding and speech that apply indirectly to state-funded broadcasters.
2. Administrative Law and Due Process
Entities seeking funding from the Council have rights to notice and fair hearing under the Administrative Procedure Act.
Decisions on grant eligibility or funding denial are reviewable for abuse of discretion, procedural fairness, and consistency with statutory authority.
If a broadcaster is denied funding, they may appeal administratively or judicially under ND law.
3. Contractual and Fiduciary Duties
The Council’s administration of grants creates contractual relationships with recipients.
Courts recognize the Council’s fiduciary duty to administer funds prudently and in accordance with state law.
Mismanagement or arbitrary denial of funds could give rise to administrative challenges or lawsuits.
Practical Implications
Public broadcasting stations must comply with Council rules for funding applications, reporting, and content standards.
Educational institutions collaborating with broadcasters benefit from coordinated state support.
The Council acts as a steward of public funds, balancing educational goals with accountability.
Stakeholders have mechanisms to participate in rulemaking and appeal processes.
Summary Table
| Topic | Details |
|---|---|
| Authority | NDCC Chapter 15-11; NDAC Title 23 |
| Governing Body | Educational Broadcasting Council appointed by Governor |
| Primary Role | Administer state funds, coordinate programming, set standards |
| Funding | Grants to public broadcasters and educational institutions |
| Content | Educational, cultural, public affairs; compliance with standards |
| Procedures | Application, appeals, hearings under Administrative Procedure Act |
| Legal Framework | Free speech principles; administrative due process; fiduciary duties |
| Case Law | Limited direct case law; guided by administrative and First Amendment law principles |
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