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KPFK CAB MEETING

Thursday May 29th at 7:00PM

Location: KPFK
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.

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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 date.

"(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."

II. INTERPRETATIONS

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 established goal.

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 requirement.

http://www.cpb.org/stations/certification/cert3.html