NPR and the Corporation for Public Broadcasting are each claiming victory, as the two noncommercial secular-focused entities have reached a settlement that resolves months of litigation over control of public radio’s interconnection funding and the future of its satellite distribution network.
The joint agreement, filed Monday (11/17) in D.C. Federal District Court, brings to an end NPR’s challenge to CPB’s $57.9 million award to the newly formed Public Media Infrastructure consortium. At the same time, it sends an affirming message that President Trump’s federal directive to defund NPR is unconstitutional.
NPR’s original lawsuit accused CPB of exceeding its statutory authority and capitulating to political pressure by diverting satellite system funds to PMI, a coalition composed of PRX, American Public Media Group, New York Public Radio, the National Federation of Community Broadcasters, and the Station Resource Group. CPB maintained that its decision was lawful and based on modernization needs, calling the grant part of its congressionally mandated mission to “advance, improve, and strengthen” public media.
Under the terms of the settlement, NPR will drop all claims objecting to CPB’s funding award to PMI, allowing CPB to proceed with implementing the grant. CPB’s Board of Directors unanimously approved the agreement, which reaffirms the agency’s authority under the Public Broadcasting Act to administer federal funds and select providers that best serve the national system.
In addition, CPB will disburse $35.96 million in separate interconnection funds to NPR for continued operation and enhancement of the Public Radio Satellite System, ensuring its existing network remains supported as PMI develops new digital and terrestrial distribution technologies.
While NPR agreed to withdraw its objections to PMI, it continues its broader constitutional challenge to Executive Order 14290, with a motions hearing scheduled for December 4 before Judge Randolph Moss. NPR’s portion of the settlement includes full relief of PRSS interconnection fees for all public radio stations for two years, as well as planned investment in new terrestrial interconnection technology to reinforce system reliability.
CPB President/CEO Patricia Harrison said, “This is an important moment for public media,” she said. “We are very pleased that this costly and unnecessary litigation is over, and that our investment in the future through PMI marks an exciting new era for public media.”
NPR President/CEO Katherine Maher remarked, “While we entered into this dispute with CPB reluctantly, we’re glad to resolve it in a way that enables us to continue to provide for the stability of the Public Radio Satellite System, offer immediate and direct support to public radio stations across the country, and proceed with our strong and substantive claims against this illegal and unconstitutional Executive Order. We look forward to our day in court in December.”
Station Resource Group Principal and PMI founding member Bill Davis also chimed in, and commented, “PMI is honored to carry forward this vital work on behalf of local stations, independent producers, national program distributors, and, most importantly, their audiences. PMI’s focus is on innovation, collaboration, and transparency – building a distribution system shaped by stations, responsive to local community needs, and designed to serve the entire public media community for years to come.”
As NPR Counsel Theodore Boutrous sees it, “We are pleased that NPR and CPB were able to reach this settlement, which we see as a win for all of public radio. Not only does this settlement help ensure the stability of the Public Radio Satellite System for the future, but it’s also an important step forward in NPR’s fight against the President’s unconstitutional Executive Order. We look forward to pursuing our effort to fully enjoin implementation and enforcement of that order and to vindicate the First Amendment rights of NPR and the entire public radio system in the weeks to come.”
