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NORTH CAROLINA STATUTES AND CODES

§ 143B-426.9. North Carolina Agency for Public Telecommunications - Creation; membership; appointments, terms and vacancies; officers; meetings and quorum; compensation.

§ 143B‑426.9. North Carolina Agency for Public Telecommunications – Creation; membership;appointments, terms and vacancies; officers; meetings and quorum; compensation.

The North Carolina Agency for Public Telecommunications is created. Itis governed by the Board of Public Telecommunications Commissioners, composedof 27 members as follows:

(1)        A Chairman appointed by, and serving at the pleasure of, theGovernor;

(2)        Ten at‑large members, appointed by the Governor fromthe general public;

(3)        Two members appointed by the General Assembly upon therecommendation of the Speaker of the House of Representatives in accordancewith G.S. 120‑121;

(4)        Two members appointed by the General Assembly upon therecommendation of the President Pro Tempore of the Senate in accordance withG.S. 120‑121;

(5)        The Secretary of Administration, ex officio;

(6)        The Chairman of the Board of Trustees of The University ofNorth Carolina Center for Public Television (if and when established), exofficio;

(7)        The Chairman of the State Board of Education, ex officio;

(8)        The Chairman of the OPEN/net Committee, ex officio, so longas such person is not a State employee;

(9)        The Chairman of the North Carolina Utilities Commission, exofficio;

(10)      The Director of the Public Staff of the North CarolinaUtilities Commission, ex officio;

(11)      The Chairman of the Public Radio Advisory Committee of theNorth Carolina Agency for Public Telecommunications, ex officio;

(12)      The Superintendent of Public Instruction, ex officio;

(13)      The President of the University of North Carolina, exofficio;

(14)      The President of the Community Colleges System, ex officio;and

(15)      Two members ex officio who shall rotate from among theremaining heads of departments enumerated in G.S. 143A‑11 or G.S. 143B‑6,appointed by the Governor.

The 10 at‑large members shall serve for terms staggered asfollows: four terms shall expire on June 30, 1980; and three terms shall expireon June 30, 1982; and three terms shall expire on June 30, 1984. Thereafter,the members at large shall be appointed for full four‑year terms anduntil their successors are appointed and qualified. In making appointments ofmembers at large, the Governor shall seek to appoint persons from the variousgeographic areas of the State including both urban and rural areas; personsfrom various classifications as to sex, race, age, and handicapped persons; andpersons who are representatives of the public broadcast, commercial broadcast,nonbroadcast distributive systems and private education communities of theState.

The terms of the ex officio members are coterminous with theirrespective terms of office. In the event that any of the offices represented onthe Board ceases to exist, the successor officer to the designated member shallbecome an ex officio member of the Board; if there shall be no successor, thenthe position on the Board shall be filled by a member to be appointed by theGovernor from the general public. The ex officio members shall have the rightto vote.

The initial members appointed to the Board by the General Assemblyshall serve for terms expiring June 30, 1983. Thereafter, their successorsshall serve for two‑year terms beginning July 1 of odd‑numberedyears.

The terms of the rotating ex officio members shall be of one‑yearduration, and the schedule of rotation is determined by the Governor.

Each State official who serves on the Board may designate arepresentative of his department, agency or institution to sit in his place onthe Board and to exercise fully the official's privileges of membership.

The Secretary of Administration or his designee serves as secretary ofthe Board.

Vacancies in appointments made by the General Assembly shall be filledin accordance with G.S. 120‑122. Other vacancies shall be filled in thesame manner as the original appointment.

The Governor may remove any member of the Board from office inaccordance with the provisions of G.S. 143B‑16.

The Board meets quarterly and at other times at the call of thechairman or upon written request of at least six members.

A majority of the Board members shall constitute a quorum for thetransaction of business. (1979, c. 900, s. 1; 1981 (Reg. Sess., 1982), c. 1191, ss. 6‑8;1983 (Reg. Sess., 1984), c. 1116, s. 92; 1995, c. 490, s. 42; 1999‑84, s.26.)

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