Request By:
O. Leonard Press
Executive Director
Kentucky Educational Television
600 Cooper Drive
Lexington, Kentucky 40502
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl T. Miller, Jr., Assistant Attorney General
In your letter of February 1, 1983 you state that the Kentucky Authority for Educational Television desires an opinion of the Attorney General as to whether there is any state/religion conflict involved in the Authority renting tower space to the "Life Anew Ministries, Inc." of Madisonville, Kentucky.
It is the opinion of this office that there is no constitutional or statutory impediment against the Authority renting tower space for fair market value to a religious organization. Such a business transaction is neutral as to the purposes of the private organization which is the lessee. KRS 168.100 gives the Authority general business powers as well as certain specific powers. The decision to rent space on a tower belonging to the Authority should be decided on the principles of good business.
In summary, it is our opinion that the leasing of tower space does not involve the issue of separation of church and state.