[grc] Are strong, elected Program Councils allowed?

[Donna Dibianco]

Hi Phil,      You can build such factors into the convening of the Council's Articles or by amending the Board's By-laws.The Program Council Member, even if elected, can indeed be removed for violations to the Council's Articles and by-laws.It is how the Program Council is charged with their duties, roles and responsibilities. 
Generally, the Program Council acts as an advisory to the programming team, where they can suggest and recommend changes, provide methods of implementing the change, but, do not have the ultimate control of the program content.
 Donna DiBiancoStation Start-up Specialist
503-960-1068
www.linkedin.com/pub/donna-dibianco
www.facebook.com/communityradiogoddess

      From: Philip Tymon <ptymon at sonic.net>
 To: grc at maillist.peak.org 
 Sent: Tuesday, May 26, 2015 11:01 PM
 Subject: Re: [grc] Are strong, elected Program Councils allowed?
   
As you say, the licensee, in this case the Board of Directors, has to 
maintain ultimate authority over all station operations, especially what 
goes out over the air. The key word is "ultimate".

Of course, in reality day-to-day authority is nearly always delegated to 
a General Manager, Program Director or, perhaps, a Program Council.

I don't think it matters that the Program Council can't be fired or 
dismissed (though I would hope that there is some provision for removing 
a Program Council member for good reason--- such as missing five 
meetings in a row without any good excuse or committing a mass murder, 
etc.).

What matters is that the Board has the authority (in principal and in 
practice) to veto any decision by the Program Council.

Such power should, of course, be used extremely sparingly and only in 
the most rare and egregious situations. However, it needs to be real.

For example, there have been a number of cases of a college or 
university station, where the licensee was the state Board of Regents or 
similar body, that was considered to be out of control of the actual 
licensee--- and ran into serious trouble with the FCC and, I believe, 
lost the license in some cases.

So-- for example, if the Board of Directors tells a station to cease 
certain programming and the Program Council refuses to do so and the 
station continues the programming, then it is quite possible the FCC 
would find that the licensee has lost control and yank the license.

That's the best I can come up with anyway.

Philip Tymon


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On 2015-05-26 17:23, Adrienne Lauby wrote:
> As you probably know, the FCC says that a radio license holder has to
> keep control of their air, or risk loss of the license.
> The Board of Directors has ultimate authority and often delegates
> through a manager or program director.
> 
> I know many stations have Program Councils and some of these Councils
> have decision making authority that, in effect, puts them in control
> of the air.
> If the Program Council were elected, it would become a group that
> can't be fired or dismissed.
> Does this mean the license-holder has lost control of the air?
> 
> Any experience, thoughts and speculation would be highly welcome.
> 
> Adrienne
> KPFA
> Northern & Central California
> 
> PS Freda's 'ugh' last Friday was about this:
> Ira Glass: 'Public Radio Is Ready for Capitalism'
> http://adage.com/article/special-report-tv-upfront/ira-glass-public-radio-ready-capitalism/298332/
> and/or this:
> Ira Glass: Public radio can capitalize on its popularity without
> selling out its mission
> http://current.org/2015/05/ira-glass-public-radio-can-capitalize-on-its-popularity-without-selling-out-its-mission/
> 
> 
> _______________________________________________
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> grc at maillist.peak.org
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