2007 California Government Code Article 6. Emergency Broadcasting Grant Program

CA Codes (gov:8840-8846)

8840.  For purposes of this article, "eligible radio station" means
a radio station that, at the time of applying for a grant under this
article, meets both of the following requirements:
   (a) It has met all of the following requirements for a period of
two years unless another time is specified:
   (1) It is licensed by the Federal Communications Commission as a
noncommercial educational station, or is operating under program test
authority pending the grant of a license.
   (2) It has its community of license and principal administrative
offices in this state and is not owned, controlled, managed, or
primarily financed by any corporation or entity outside of this
state.
   (3) It provides a program service that meets the requirements for
a Community Service Grant from the Corporation for Public
Broadcasting.
   (4) It provides significant locally originated programming in its
community of license.
   (5) It broadcasts not less than  15 hours per day, 365 days per
year.
   (6) It participates in statewide public broadcasting projects.
   (7) It has provided, prior to its application for a grant under
this article, an audited financial statement for the years on which
the grant is based.
   (8) It does either of the following:
   (A) Meets the criteria for receipt of a Community Service Grant
from the Corporation for Public Broadcasting that were in effect on
June 30, 1995.
   (B) Two months prior to applying for a grant, the station has a
full-time staff of at least one professional paid not less than the
California minimum wage, and is certified by the council as providing
a needed service to its community of license.
   (b) It enters into a permanent agreement with the Office of
Emergency Services to dedicate, as necessary, a broadcast channel for
the provision of emergency information, to broadcast that
information, and to ensure that it is presented in a format that
makes it accessible to the deaf, hearing-impaired, and
non-English-speaking populations throughout its broadcast area,
including rural and isolated populations.



8841.  For purposes of this article, "eligible television station"
means a television station that, at the time of applying for a grant
under this article, unless another time is specified, meets all of
the following requirements:
   (a) It has met all of the following requirements for a period of
two years:
   (1) It is licensed by the Federal Communications Commission as a
noncommercial educational television station, or is operating under
program test authority pending the grant of a license.
   (2) It has its community of license and principal administrative
offices in this state, and is not owned, controlled, managed, or
primarily financed by any corporation or entity outside of this
state.
   (3) It provides a program service that meets the requirements for
a Community Service Grant from the Corporation for Public
Broadcasting.
   (4) It provides substantial and significant locally originated
programming in its community of license.
   (5) It broadcasts not less than 2,500 hours per year.
   (6) It participates in statewide public broadcasting projects.
   (7) It meets the criteria for receipt of a Community Service Grant
or base grant from the Corporation for Public Broadcasting that were
in effect on June 30, 1994.
   (8) It has provided, prior to its application for a grant under
this article, an audited financial statement for the years on which
the grant is based.
   (b) It enters into a permanent agreement with the Office of
Emergency Services to dedicate, as necessary, a broadcast channel for
the provision of emergency information, to broadcast that
information, and to ensure that it is presented in a format that
makes it accessible to the deaf, hearing-impaired, and
non-English-speaking populations throughout its broadcast area,
including rural and isolated populations.
   (c) At the time of disbursement of the funds, it certifies in
writing by the station manager or an officer of the licensee that it
has in its public file a plan to address the needs of significant
linguistic minorities in its service area.




8842.  For the purposes of this article, "nonfederal financial
support" means the total sum of revenues from nonfederal sources
derived by a licensee in a fiscal year and reported in an audited
financial statement thereof, and does not include in-kind services,
funds received for the purpose of constructing or remodeling a
building, funds received from other public broadcasting stations or
networks for the production of programming or for other services to
those stations or networks, or funds provided to stations under this
chapter.  Interest income generated from any source may be included
in "nonfederal financial support."


8843.  For purposes of this article, "station" or "public
broadcasting station" means any eligible radio or television station.



8844.  (a) Recognizing the necessity of converting California
stations to the technologies of digital broadcasting, the Legislature
intends that funds may be appropriated to the Office of Emergency
Services for the purchase of equipment by eligible stations, the
installation of that equipment, or purchase of other materials
related to that equipment, pursuant to this article.
   (b) The office shall solicit applications for grant funds from
eligible stations throughout the state, and shall allocate funds
appropriated pursuant to subdivision (a) as follows:
   (1) Seventy-five percent of any equipment purchase funds
appropriated pursuant to subdivision (a) shall be placed in an
equipment grant pool for eligible television stations, and 25 percent
shall be placed in an equipment grant pool for eligible radio
stations.
   (2) Fifty percent of the funds in each grant pool shall be divided
equally among the stations in that grant pool.
   (3) The remaining 50 percent of the funds in each grant pool shall
be divided among stations in that grant pool in proportion to their
nonfederal financial support.
   (c) (1) Funds provided under this section shall be granted on a
matching basis, with each station required to raise from other
sources an amount equal to the funds provided to it under this
section.
   (2) If any funds remain in either grant pool because of the
limitations set forth in paragraph (1), the remaining funds shall be
returned to the same pool for distribution to other stations that
have raised the required matching funds, in amounts proportionate to
the nonfederal financial support of those stations.



8846.  It is the intent of the Legislature that any funds provided
to stations under this article shall supplement, rather than
supplant, funds provided from other sources.  To that end,
institutions that have heretofore provided funding to stations
licensed to them shall certify, in applying for grants, that they
have not previously and will not in the future use funds provided
under this chapter to supplant institutional support of their
stations.