N.Y. Comp. Codes R. & Regs. tit. 8 § 179.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 179.2 - Amount of operating aid to councils

The commissioner shall make a specific allocation of funds to each council. The amount of operating aid to each council shall not exceed the actual expenditures by each council for approved operating purposes as reported in the last available annual audit. Funds shall be apportioned to each council within the limitation set forth above and the limit of the appropriation therefor, and in accordance with the following:

(a) Allocation. The allocation to each council shall be based upon:

(1) five-year historical funding percentages;

(2) consideration of need as a result of changing technology or the provision of new services; and

(3) emergencies or other exceptional circumstances affecting basic transmission or studio operations and/or State or Federal requirements.

(b) Consolidation.

(1) In the event the consolidation of two or more councils results in a single council serving the entire metropolitan New York City area and Long Island with broadcast service, it shall receive no more than 55 percent of the total monies available for public television in the first full year of operations; no more than 53 percent of the total monies available for public television in the second year of operations; and no more than 50 percent of the total monies available for public television in the third year of operations. Each year thereafter, that council shall receive no more than 50 percent of the total monies available for public television.

(2) In the event that two or more councils shall consolidate into one council in a manner other than paragraph (1) of this subdivision pursuant to an order of consolidation granted by the Board of Regents, during the fiscal year in which such consolidation occurs, the consolidated council shall receive the sum of the full amount that each constituent council was apportioned at the start of such fiscal year. In subsequent years, the historical funding percentages of both councils shall be considered as well as the provisions of paragraph (1) of this subdivision in the determination of the council's allocation.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 179.2