Morris, 020580 MSAGO, 19800205
|Case Date:||February 05, 1980|
The Mississippi Authority for Educational Television hereby seeks guidance from you as to whether it is authorized and empowered under the terms of its enabling legislation to construct and operate noncommercial educational radio stations within the State of Mississippi. While our reading of Section 37-63 of the Mississippi Code indicates that the Authority may well have the right to establish such radio stations, the Code is sufficiently ambiguous so that we do not feel free to proceed with consideration of the possible establishment of such stations without an opinion from your office. Section 37-63-1 of the Code states that the legislative purpose of the Act establishing the Authority was the establishment and development of a public television and radio system for the State, to be known as Mississippi Educational Television. That section specifically provides that the Authority shall have the responsibility for the administration, operation, control, and supervision of educational radio, as well as television, in the State. Section 37-63-9, however, by its terms authorizes and empowers the Authority to become the licensee of educational television stations and related facilities, but does not mention educational radio stations. Moreover, Section 37-63-11 on one hand empowers the Authority to use funds from various sources only for educational television construction and operation, without mention of educational radio, while on the other hand it authorizes the Authority to enter into agreements for the production, transmission, sale, lease, or purchase of educational radio as well as...
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