§ 18-4.1-4 - Definitions. - Rhode Island Statutes

SECTION 18-4.1-4

   § 18-4.1-4  Definitions. – As used in this chapter:

   (1) "Acquiree" means the person or persons that lose(s) anyownership or control, including programming control, of a public radio station,as the terms "public radio station" and "person(s)" are defined within thischapter;

   (2) "Acquirer" means the person or persons which gain(s) anownership or control, including programming control, in a public radio station,as the terms "public radio station" and "person(s)" are defined within thischapter;

   (3) "Affected community" means any city or town within thestate from which an existing public radio station produces, records orotherwise originates programming or broadcasts its signal, and/or those citiesand towns whose inhabitants are regularly served by the existing public radiostation;

   (4) "Community benefit" means:

   (i) Whether the conversion furthers the findings and purposesof §§ 18-4.1-2 and 18- 4.1-3 above, and in particular: retains orexpands public radio programming;

   (ii) Is consistent with the intent of prior donors to theexisting public radio station;

   (iii) Affords substantial opportunity to providednoncommercial radio programming produced in Rhode Island;

   (iv) Provides programming that is not already prevalent amongRhode Island commercial radio broadcasters at the time of the conversion;

   (v) Promotes responsible news, information, arts and culturalprogramming to help listeners better understand the world around them; and

   (vi) Preserves a substantive governing role for the RhodeIsland volunteers, for example, a community board of directors.

   (5) "Conversion" means any:

   (i) Transfer or assignment by a person or persons of anownership or membership interest or authority in a public radio station, or theassets of a public radio station, whether by purchase, merger, consolidation,lease, gift, joint venture, sale, or otherwise;

   (ii) Agreement, such as a local management agreement orprogramming agreement, the implementation of which would require a change inthe public radio station's broadcast license to permit commercial operations;

   (iii) Transfer, assignment or issuance of twenty percent(20%) or greater of the membership or voting rights or interests of the publicradio station or of the assets of the public radio station or pursuant towhich, by virtue of the transfer, a person, together with all personsaffiliated with the person, holds or owns, in the aggregate, twenty percent(20%) or greater of the membership or voting rights or interests of the publicradio station or of the assets of the public radio station;

   (iv) The removal, addition or substitution of a partner thatresults in a new partner gaining or acquiring a controlling interest in thepublic radio station; or

   (v) Any change in membership that results in a new persongaining or acquiring a controlling vote in the public radio station.

   (6) "Conversion Fee" means the amount the department ofattorney general orders an acquirer to pay pursuant to subsection 18-4.1-5(a);

   (7) "Existing public radio station" means a public radiostation as it exists prior to the conversion;

   (8) "Public radio station" means a radio station possessing aUnited States Federal Communications Commission noncommercial license, tobroadcast on a frequency that is not reserved by the FCC for noncommercial use,assigned to a community of license located in Rhode Island and which isoperated by an entity that may not lawfully distribute operating surpluses orother retained earnings to individual persons or which would cease to qualifyas an organization described in Section 501(c)(3) of the United States InternalRevenue Code were the organization to do so;

   (9) "New radio station" means the radio station as it existsafter the completion of a conversion;

   (10) "Person" means any individual, trust or estate,partnership, corporation (including associations, joint stock companies andinsurance companies,) state or political subdivision or instrumentality of thestate; and

   (11) "Transacting parties" means any person or persons whoseeks either to transfer or acquire ownership or a controlling interest orcontrolling authority, including programming authority, in a public radiostation which would result in a change of ownership, control or authority oftwenty percent (20%) or greater.