[NFCB] Questions re: Fundraising for Utah Phillips

[Read, Aaron]

The key is that a NCE licensee may not FUNDRAISE for any entity other than its licensee.   Announcements that are structurally the same as underwriting or promo spots are, by definition, not fundraising, because fundraising is an interruption of normal programming for the purposes of raising funds.
 
It's a little silly to say it that way, but that's the rules.  So yes, you can do what you describe in point 1.  However, I would be careful in your exact wording of the "promos" for Utah.  While you and the FCC might recognize the difference, your listeners might not.  That may or may not be an issue for you with your listeners, but it's something to keep in mind.   And remember that if you "fundraise" for Utah, some listeners may have a gripe if you won't "fundraise" for their cause.  YMMV.
 
As for the second point, the answer is almost certainly "no" but for reasons other than you mention.  It's because of underwriting rules.  Unless the venue where concert takes place is donating ALL proceeds to a non-profit entity (which I'm assuming this "money for Utah" organization would be, make sure it is lest you inadvertently confuse people about tax deductions) then the venue is getting a fiscal benefit out of your announcement, and therefore your announcements are underwriting and subject to all the content restrictions therein.   When I say "all proceeds" I mean not just the door, but also all food, tips, beverage & alcohol sales...and 100% of any merch sold by the venue or bands.   In other words, both the venue and the bands will have to take a significant loss to open their doors for Utah's benefit.   Not too many venues are willing to do a deal like that (in fact, I've never heard of one doing so, but that's not to say it couldn't happen).
 
So if you go down that road, make sure you're very careful about the wording of the spots; it should meet the standards for underwriting.
 
http://www.fcc.gov/mb/audio/nature.html
 
- Aaron Read
- G.M. WEOS

________________________________

From: nfcb-bounces at mailman.lmi.net on behalf of Matt Murphy
Sent: Mon 2/11/2008 4:42 PM
To: nfcb at mailman.lmi.net
Subject: [NFCB] Questions re: Fundraising for Utah Phillips



Just in case I missed something on the mailing list on this topic last week,
here are a couple questions that I don't recall but that are currently under
discussion here at WERU:



1.    While a station clearly cannot conduct an on-air fundraiser to help
raise some medical expense relief money for Utah (at least not without an
FCC waiver), is it alright for a station to make announcements (either
pre-recorded or live) at regularly-scheduled announcement times regarding
his medical and financial situation, and include in those announcements the
address to which those who wish may send cards and donations?  No call to
action, no interruption of regularly-scheduled programming, just a brief
announcement of the situation and contact information.  This sounds OK to
me, FCC-wise. Yes?



2.    If a station collaborates with local musicians to hold a benefit
concert for Utah, can that event be promoted on the air the same way any
station event would be (rather vigorously with "come on out" calls to
action) or should on-air announcements be less aggressive and focus just on
providing information about the event and cause (like we might do for, say,
a community supper held to raise funds for a family who lost their home to
fire)? I think the latter, as the beneficiary of the event is not the
station itself.



Any thoughts are appreciated (and I apologize if this was previously
discussed on the list).



Matt Murphy

WERU





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