Public Broadcasting Compliance Services (Media)
Fletcher, Heald & Hildreth, PLC attorneys understand that public broadcasting stations incur special obligations that stem from receiving grants from the Corporation for Public Broadcasting (“CPB”). These obligations come from the public broadcasting provisions of the Communications Act of 1934, as amended, CPB’s Community Service Grant General (“CSG”) Provisions and Eligibility Criteria, and individual grants from CPB and other funders.
The firm assists public broadcasting stations with their regulatory, transactional, and other legal needs that are common to all broadcasters. However, Fletcher, Heald, & Hildreth, PLC understands that the public broadcasting industry is subject to additional statutory mandates like universal service, objectivity and balance in programming of a controversial nature, and serving unserved and underserved audiences. Additionally, the firm’s attorneys are well versed with CPB’s policies, grant eligibility requirements, and grant agreement terms. The firm’s attorneys collaborate with other public media experts through participation in the Public Media Consulting Group (www.publicmediaconsulting.com) to provide public broadcasting entities with a comprehensive array of compliance related services.
The firm can assist public broadcasting stations and other entities receiving CPB grants with a variety of services that are tailored specifically for them:
- Performing on-site review of public broadcasting
station compliance with the terms of the CSG Agreement including:
- An evaluation of the Station’s compliance with the CSG General
Provisions and Eligibility Criteria;
- An evaluation of the Station’s compliance with the applicable
certification requirements in the public broadcasting provisions of the
Communications Act of 1934, as amended;
- An evaluation of the Station’s internal processes and procedures
regarding risk management, about which CPB’s Office of Inspector General
(“OIG”) auditors routinely inquire, that protect CSG and other funds from
waste, fraud, or abuse; and
- Recommendations for improving compliance with the CSG General
Provisions and Eligibility Criteria and the certification requirements,
as well as internal practices and controls to meet CPB
requirements.
- The firm’s attorneys can answer questions about CPB requirements and
provide direction regarding CPB compliance through strategic advice on
policy formulation, policy updates, best practices, and documentation
development.
- The firm’s attorneys can assist stations with developing and
implementing policies that comply with the requirements in CPB’s CSG General
Provisions and Eligibility Criteria. When a station is audited, CPB’s
OIG auditors test for policy implementation. Having the proper
policies in place will assist stations with having the proper documents
that an OIG auditor will ask for and help ensure compliance with CPB grant
terms.
- The firm can assist public broadcasting entities facing a CPB OIG
audit with preparation for the audit experience. Services include
document assembly and review of station policy and practices. While
no one can change history, the firm’s attorneys can provide direction for
moving forward to document the implementation of prospective compliance
measures.
- Fletcher, Heald & Hildreth, PLC attorneys offer an email
alerting service that immediately notifies public broadcasting stations
each time the CPB OIG issues a report. The alerts summarize report
findings so stations understand IG criticisms and can take steps to avoid
the practices criticized ina report.
- The firm’s attorneys are available to facilitate public broadcasting
meetings or training seminars. When
conducting a meeting or retreat, the best way to promote a positive
outcome is to create an environment where the desired goals can be
achieved. Part of this environment is having a facilitator that
understands the unique needs of a public broadcasting station and can
provide relevant direction to a public media groups discussing planning or
strategy. The firm’s attorneys have considerable experience working
in the public broadcasting industry and understand the internal and
external factors that can influence public media business decisions.