CHAPTER 5. INDIANA HIGHER EDUCATION TELECOMMUNICATIONS SYSTEM
IC 21-28-5
Chapter 5. Indiana Higher Education Telecommunications System
IC 21-28-5-1
Applicability of chapter
Sec. 1. This chapter applies to the following:
(1) A state educational institution.
(2) A private postsecondary educational institution.
As added by P.L.2-2007, SEC.269.
IC 21-28-5-2
Authority to use multipurpose, multimedia, closed circuit statewidetelecommunications system
Sec. 2. The board of trustees of any combination of stateeducational institutions and the board of directors of anycombination of private postsecondary educational institutions may,if they find the need exists for a broad dissemination of a widevariety of educational communications for the improvements and theadvancement of higher educational opportunity, jointly arrange, fora period not exceeding ten (10) years, for:
(1) services provided by the office of technology; and
(2) the use of a multipurpose, multimedia, closed circuit,statewide telecommunications system furnished bycommunications common carriers subject to the jurisdiction ofthe Indiana utility regulatory commission;
to interconnect the main campuses and the regional campuses of theparticipating educational institutions and centers of medicaleducation and service.
As added by P.L.2-2007, SEC.269.
IC 21-28-5-3
Administration and supervision of system and programs inelectronic format
Sec. 3. In addition to the closed circuit statewidetelecommunications system, the participating educational institutionsshall establish, in accordance with federal copyright law, programsin an electronic format to provide for the advancement of highereducation opportunity and individualized access to higher educationprograms. The program may make available a wide variety of highereducation courses in electronic format. The participating educationalinstitutions shall make information in an electronic format availableto the public by any means of public or private distribution that theydetermine to be appropriate, including sale or lease. The participatingeducational institutions may determine policy and establishprocedures to administer this program. The participating educationalinstitutions shall maintain and keep current, in an electronic format,a listing of all information.
As added by P.L.2-2007, SEC.269.
IC 21-28-5-4 Use of system or programs in electronic format by other entities
Sec. 4. A transmission system must be for the exclusive use of theparticipating educational institutions. However, the participatingeducational institutions may permit the use of the transmissionsystem, or any part of the transmission system, by others undersection 10 of this chapter.
As added by P.L.2-2007, SEC.269.
IC 21-28-5-5
Designation of transmission system; criteria
Sec. 5. A transmission system must be designed to permit theinstallation of additional capacity and coverage as accumulatingcommunication needs of higher education may require. The systemmust:
(1) be capable of transmitting high fidelity television signals,high fidelity sound signals, data signals for computercommunications, and voice traffic; and
(2) include control circuits.
As added by P.L.2-2007, SEC.269.
IC 21-28-5-6
Transmission system; terms and conditions of use
Sec. 6. The arrangements for the use of the transmission systemmay be upon terms and conditions as the participating educationalinstitutions determine are necessary, proper, or desirable.
As added by P.L.2-2007, SEC.269.
IC 21-28-5-7
Approval of coordinating unit
Sec. 7. Plans or arrangements for the use of the transmissionsystem may not be adopted or entered into under this chapter withoutthe specific approval of the coordinating unit.
As added by P.L.2-2007, SEC.269.
IC 21-28-5-8
Coordinating committee or unit; establishment
Sec. 8. The participating educational institutions shall establish acoordinating committee or other body composed of persons that theparticipating educational institutions select. The chief informationofficer or the chief information officer's designee shall be a memberof any coordinating unit. The coordinating unit may administer andsupervise the use of the transmission system and the information indesignated electronic format as may be delegated to it by theparticipating educational institutions. The participating educationalinstitutions shall have equal representation on the coordinating unit.
As added by P.L.2-2007, SEC.269.
IC 21-28-5-9
Advisory council; establishment
Sec. 9. The participating educational institutions must establish an
advisory council of representatives of users of the transmissionsystem.
As added by P.L.2-2007, SEC.269.
IC 21-28-5-10
Transmission system; use
Sec. 10. (a) Any arrangements for the use of the transmissionsystem or information in the designated electronic format mustprovide that the participating educational institutions (or anycommittee or other body established under this chapter, if power isdelegated to them) may permit any of the following entities to use thetransmission system or the information in the designated electronicformat for educational purposes:
(1) Postsecondary educational institutions.
(2) Governmental or public corporations or bodies.
(3) Other corporations.
(4) Partnerships.
(5) Associations.
(6) Trusts.
(7) Limited liability companies.
(8) Other persons.
(b) Any use permitted under this section is subject to the rules,regulations, fees, and charges as the participating educationalinstitutions or coordinating unit may prescribe.
(c) Each entity that uses the transmission system is responsible forthe origination of the program to be transmitted by that entity and forthe reception and use of the program at the destination.
(d) The payment of all costs that exceed the cost of the use of thetransmission system facilities and the information in electronicformat shall be borne by the parties using the system as agreed upon.
As added by P.L.2-2007, SEC.269.
IC 21-28-5-11
Power to accept gifts and federal aid
Sec. 11. In connection with the use of the telecommunicationssystem, the information in the designated electronic format, or anyother related matter, the participating educational institutions mayaccept gifts or contributions from individuals, corporations, limitedliability companies, partnerships, associations, trusts, or foundationsand may accept funds from any federal agency under terms andconditions that the participating educational institutions determineare necessary or desirable.
As added by P.L.2-2007, SEC.269.
IC 21-28-5-12
Power to enter into contracts
Sec. 12. The participating educational institutions may enter intoand carry out contracts and agreements in connection with thischapter. All contracts and agreements entered into must be approvedby the coordinating unit.As added by P.L.2-2007, SEC.269.
IC 21-28-5-13
Higher education statewide telecommunications fund;establishment
Sec. 13. (a) The higher education statewide telecommunicationsfund is established as a special and distinct fund. Expenditures fromthe fund may be made only for the following:
(1) Payments by the participating educational institutions forthe use of a transmission system or the lease, purchase, rental,or production of information in a designated electronic format.
(2) Studies regarding the possibilities of extending the use ofthe transmission system:
(A) to state educational institutions or private postsecondaryeducational institutions in Indiana that are not participatingeducational institutions; and
(B) for post-high school and other educational uses.
(3) The expenses of coordinating, planning, and supervising theuse of the transmission system and the information in thedesignated electronic format.
(4) Equipment for the originating and receiving of instructionalcommunication and educational information by means of thetransmission system and the information in the designatedelectronic format.
(b) The state auditor shall pay, as needed, from the fund amountsto the board of trustees of Indiana University as agent for theparticipating educational institutions.
(c) The board of trustees of Indiana University, as agent, shallapply the funds to the payment of items as payment becomes duefrom the fund.
As added by P.L.2-2007, SEC.269.