(1) The station shall be licensed to:

(i) an institution chartered by the board of regents; or

(ii) an agency of a municipal corporation; or

(iii) a corporation created in the state education department and within the university of the state of New York.

(2) The station other than stations operated by corporations approved for funding prior to April first, nineteen hundred eighty-five shall have for a period of three consecutive years immediately prior to apportionment of such money and all recipients shall continue to after receipt of such money:

(i) broadcast at least eighteen hours per day or the maximum hours of operation authorized by the federal communications commission, whichever is less, three hundred sixty-five days per year; and

(ii) operate with a staff of at least five full-time members paid at least the federal minimum wage, a budget that includes at least ninety-five thousand dollars of non-federal income of which a reasonable portion is received from local business, foundations, or individual contributors paid either directly to the radio station or broadcast corporation or to a not-for-profit corporation for the benefit of such radio station and an effective radiated power equivalent to three thousand watts at five hundred feet above average terrain or the maximum tower height authorized by the federal communications commission, whichever is less for FM radio stations or two hundred fifty watts for AM radio stations. g. At such time that assistance authorized by paragraph a of this subdivision exceeds the sum appropriated in state fiscal year nineteen hundred ninety--nineteen hundred ninety-one, there shall be apportioned as assistance for approved operating expenses of New York city-licensed WNYC-TV, for each three hundred sixty-five hours of public service programming broadcast by such station annually, an amount equal to one percent of that portion of public television assistance for approved operating expenses which represents the increment above the level appropriated in state fiscal year nineteen hundred ninety--nineteen hundred ninety-one; provided, however, that the total apportionment to WNYC-TV shall not exceed ten percent of such incremental assistance over such nineteen hundred ninety--nineteen hundred ninety-one level. Notwithstanding any provision of this paragraph to the contrary, such funding for WNYC-TV shall not diminish the amount of state aid received by the nine public television corporations pursuant to paragraph a of this subdivision in state fiscal year nineteen hundred ninety--nineteen hundred ninety-one. For the purposes of this subdivision, "public service programming" shall be defined as non-commercial cultural, instructional or educational programming. In order to qualify for assistance under this subdivision, the minimum hours of non-commercial public service programming, shall be eight hours daily and shall include three hours daily of prime time service, which is defined as service between the hours of 8:00 p.m. and 11:00 p.m. Non-commercial public service programming, other than prime time, shall be broadcast in blocks of not less than one hundred twenty minutes. All funds so apportioned shall be used for non-commercial public service television broadcast activities. WNYC-TV shall render a report to the commissioner not later than December first of each year such funds are appropriated upon the use of such appropriation, and shall furnish such other reports and information relating to such funds as the commissioner may from time to time require. Funds appropriated pursuant to this subdivision shall not be used for partisan or political purposes or to influence the enactment of legislation. h. There shall be apportioned, at such time that any appropriation exceeds the sum appropriated in state fiscal year nineteen hundred ninety--nineteen hundred ninety-one for approved capital expenses of educational television corporations and public radio stations, as provided in paragraph c of this subdivision, an amount to New York city-licensed WNYC-TV. Notwithstanding any provisions of this paragraph to the contrary, such funding shall not diminish the amount of state aid, for capital purposes, that the nine public television corporations and fifteen public radio stations received in state fiscal year nineteen hundred ninety--nineteen hundred ninety-one. WNYC-TV shall render a report to the commissioner not later than December first of each year such funds are appropriated upon the use of funds apportioned pursuant to this paragraph, and shall furnish such other reports and information relating to such funds as the commissioner may require. 5. Implementation. For the purposes of carrying out the provisions of this section, the regents may make rules, or authorize the commissioner to make regulations, providing for the implementation of this section, including provision for annual audited reports of the financial records of such corporations as the regents or the commissioner may require.