II. INTERPRETATIONS
A. Community-licensed Stations
Amendments enacted in 1981 excuse all but community-licensed stations
from the provisions of this section. However, all community licensed
stations, without exception, must comply with these provisions.
B. Effective Date
The effective date for compliance with this requirement was May
1, 1979.
C. Nature of the Community Advisory Board
1. The law provides that "[t]he role of the board shall be solely
advisory in nature....," and 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
assist public broadcasting in being more responsive to community
needs by providing for effective public participation in planning
and decision making. Congress believed that the establishment
of community advisory boards should assist the stations in developing
programs and policies that address the specialized 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, nor does the law
imply that stations with existing advisory boards that comply
with this provision must establish new or additional advisory
boards.
D. 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 advisory board's functions to assure
a clear demarcation between the governing board and the advisory
board.
2. The advisory board is to be an effective way for the public to
participate in the planning and decision making of the station.
All stations are encouraged to establish whatever mechanisms will
be most effective, under local circumstances, to accomplish this
congressionally established goal.
3. For governing boards of community stations, whose sole activity
is the operation of the station, it would probably be most effective
for the advisory board to report directly to the governing board.
The recommendations of the advisory board could then be taken
into account in the formation of policy by the governing board
for the operation of the station.
E. Composition of Community Advisory Boards
The station can exercise a responsible measure of discretion in
the selection of advisory board members. The composition of 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. In addition, the law does not empower any
person, court, or government agency to require a station to take
or refrain from taking any action with respect to a station's
programming or policies.
F. 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.
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