Resolution of the Board of Directors of the Corporation for Public Broadcasting
February 20, 1991
Public Television National Program Financing Plan
Unanimously
WHEREAS,
Congress, in the Public Telecommunications Act of 1988, directed the Corporation to "conduct a study and prepare a plan, in consultation with public television licensees (or designated representatives of those licensees) and the Public Broadcasting Service, on how funds available to the Corporation [for the financing of national public television program production and acquisition] can best be allocated to meet the objectives of [the Public Broadcasting] Act with regard to national public television programming"; and pursuant to such Congressional directives, the Corporation conducted appropriate and extensive studies and consultations which resulted in the development and January 1990 submission to Congress of a national program financing plan; and
WHEREAS,
Congress, in the Public Telecommunications Act of 1988, directed the Corporation to implement the new financing plan in Fiscal Year 1991 unless directed otherwise by an Act of Congress, and no such contrary direction has been received; and
WHEREAS,
the CPB Report to Congress describing the new financing plan provides for the implementation of the plan by means of a contract offer from CPB which, if accepted by PBS, would result in an enforceable agreement which binds the two parties as partners in national television program financing; and
WHEREAS,
the CPB Board instructed Management by a resolution dated November 13, 1989 to negotiate and execute a contract with PBS to implement the above-described Board-approved plan, subject to final review and approval of the contract by the Board; and
WHEREAS,
CPB Management has developed, negotiated and presented to the Board a proposed contract between CPB and PBS which is designed to implement the above-referenced plan, which incorporates the conditions prerequisite to the implementation of the plan as described in the CPB Report to Congress, specifically including the requirement that the public television stations join CPB in placing sufficient national programming funds under the control of PBS, and which ensures that the Corporation retains the necessary accountability and ability to exercise its prudent business judgment with respect to its appropriated funds.
NOW, THEREFORE, BE IT RESOLVED,
That the Board approves the contract with PBS, as transmitted to the Board in a package of materials containing the entire proposed contract and accompanied by a cover memorandum dated February 8, 1991, and authorizes Management to take all necessary steps (including contract execution) to implement this contract.
BE IT FURTHER RESOLVED,
That the Board acknowledges that the contract contains a dispute resolution provision that empowers the Chairman of the CPB Board to meet with the Chairman of the PBS Board to attempt to resolve disputes arising out of the contract, and hereby authorizes the CPB Board Chairman to perform that function so long as any resolution agreed to by the CPB Chairman is submitted to the full Board for approval before it becomes effective.