This group is mandated by the Corporation for Public Broadcasting to gather
information on how the station is serving its community, and the report of
this group will be taken very seriously if it's undertaken seriously.
Please attend if you're concerned about KPFK. Nobody's telling me how the
selection of CAB members will be determined this time, but the last CAB I knew
about was open to anyone interested.
I won't be able to attend this meeting, but the meeting has been called by Grace Aaron and Jonathan Alexander, and they should be happy to answer any
questions you have. Please forward this to anyone you think might be
KPFK CAB MEETING
Thursday May 29th at 7:00PM
3729 Cahuenga Blvd West
N. Hollywood, CA 91604
Main Conference Room, 1st Floor
A meeting of the KPFK Community Advisory Board will
take place on Thursday May 29th at 7:00PM
The Community Advisory Board is made up of members of the public and is open
to the public. Anyone interested in joining the CAB is invited to attend.
I. THE LAW
A. Section 396(k)(8) of the Communications Act provides that:
"(A) Funds may not be distributed pursuant to this subpart to
any public broadcast station (other than any station which is owned and
operated by a State, a political or special purpose subdivision of a
State, or a public agency) unless such station establishes a community
advisory board. Any such station shall undertake good faith efforts to
assure that: (i) its advisory board meets at regular intervals; (ii) the
members of its advisory board regularly attend the meetings of the
advisory board; and (iii) the composition of its advisory board are
reasonably representative of the diverse needs and interests of the
communities served by such station.
"(B) The board shall be permitted to review the programming
goals established by the station, the service provided by the station, and
the significant policy decisions rendered by the station. The board may
also be delegated any other responsibilities, as determined by the
governing body of the station. The board shall advise the governing body
of the station with respect to whether the programming and other policies
of such station are meeting the specialized educational and cultural needs
of the communities served by the station, and may make such
recommendations as it considers appropriate to meet such needs.
"(C) The role of the board shall be solely advisory in nature,
except to the extent other responsibilities are delegated to the board by
the governing body of the station. In no case shall the board have any
authority to exercise any control over the daily management or operation
of the station.
"(D) In the case of any public broadcast station (other than
any station which is owned and operated by a State, a political or special
purpose subdivision of a State, or a public agency) in existence on the
effective date of this paragraph, such station shall comply with the
requirements of this paragraph with respect to the establishment of a
community advisory board not later than 180 days after such effective
"(E) The provision of subparagraph (A) prohibiting the
distribution of funds to any public broadcast station (other than any
station which is owned and operated by a State, a political or special
purpose subdivision of a State, or a public agency) unless such station
establishes a community advisory board shall be the exclusive remedy for
the enforcement of the provisions of this paragraph."
A. Privately Owned Stations
The Community Advisory Board requirement provisions apply to all
stations except those stations that are owned and operated by a State, a
political or special purpose subdivision of a State, or a public agency.
Thus, if a station is privately owned (as are all community licensees, as
well as stations owned by private universities and other private
organizations), it must, without exception, comply with these provisions.
CPB does not provide legal advice to a station about whether its state's
laws make it an entity that falls into the exception to the community
advisory board requirement. It is up to each station to determine whether
it is required to have a community advisory board, and act accordingly.
B. Nature of the Community Advisory Board
1. The law provides that "[t]he role of the board shall be
solely advisory in nature...." It also stipulates that the board
shall advise the governing body of the station and therefore must be
distinct from and independent of the governing body. The purpose of the
advisory board is to provide a vehicle for effective community input to
the station's governing body about station programming, community
service and impact on the community from the station's major policy
decisions. Congress believed that the establishment of community
advisory boards would assist the stations to develop programs and
policies that address the specific needs of the communities that they
endeavor to serve.
2. The law is not intended to preclude stations from establishing and
maintaining other types of advisory bodies.
C. Relationship of the Community Advisory Board to the Governing Board
of the Station
1. The law segregates the management and operational functions of the
governing board from the functions of advisory board to ensure a clear
demarcation between the governing board and the advisory board.
2. The advisory board is intended to provide the public the
opportunity to be heard on station programming, community service and
impact on the community of major policy decisions. All stations are
encouraged to establish whatever mechanisms will be most effective,
under local circumstances, to accomplish this congressionally
D. Composition of Community Advisory Boards
The station may exercise a reasonable degree of discretion in selecting
advisory board members. The board should be reasonably representative of
the diverse needs and interests of the communities served by the station.
No individual representative of any particular group has a legal right to
membership on an advisory board. Nor does the law empower any person,
court, or government agency to require a station take or refrain from
taking any action with respect to a station's programming or policies. The
composition of the community advisory board must reflect its independent
role, and may not include members of the station staff or governing body
in anything other than an ex officio or administrative capacity.
E. Result of Noncompliance
CPB may not distribute any of its funds to any community-licensed
public broadcasting station that does not have an advisory board which
meets the requirements of the law. This prohibition against the
distribution of funds is the exclusive remedy for enforcement of this