Page:United States Statutes at Large Volume 92 Part 2.djvu/1138
92 STAT. 2418
Community advisory board.
Funds distribution, prohibition.
PUBLIC LAW 95-567—NOV. 2, 1978 "(ii) maintain existing, and stimulate new, sources of nonFederal financial support for stations by providing incentives for increases in such support; and "(iii) assure that each eligible licensee and permittee of a public radio station receives a basic grant. "(7) No distribution of funds pursuant to this subsection shall exceed, in any fiscal year, 50 percent of a licensee's or permittee's total non-Federal financial support during the fiscal year second preceding the fiscal year in which such distribution is made. "(8) The funds distributed pursuant to paragraph (3)(A) may be used at the discretion of the recipient for purposes relating to the provision of public television and radio programming, including, but not limited to— "(A) producing, acquiring, broadcasting, or otherwise disseminating public television or radio programs; "(B) procuring national or regional program distribution services that make public television or radio programs available for broadcast or other dissemination at times chosen by stations; "(C) acquiring, replacing, or maintaining facilities, and real property used with facilities, for the production, broadcast, or other dissemination of public television and radio programs; and "(D) developing and using nonbroadcast communications technologies for public television or radio programming purposes. "(9)(A) Funds may not be distributed pursuant to this subpart to any public broadcast station unless such station establishes a community advisory board. Any such station shall undertake good faith efforts to assure that the composition of its advisory board reasonably reflects 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 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 unless such station establishes a community advisory board shall be the exclusive remedy for the enforcement of the provisions of this paragraph. "(10) Funds may not be distributed pursuant to this subsection to the Public Broadcasting Service or National Public Radio (or any