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AFFILIATION AGREEMENT
Approved by WPRA Board December 2, 1982.
This Agreement among the Wisconsin Public Radio Association (WPRA), the Board of
Regents of the University of Wisconsin (WHA), and the Wisconsin Educational Communications
Board (ECB) sets forth the terms and conditions under which the parties will cooperate in
raising funds for the benefit of public radio in the State of Wisconsin.
WHEREAS, ECB operates a statewide system of radio stations in Wisconsin and is charged
by statute to coordinate the development of noncommercial radio in Wisconsin; and
WHEREAS, WHA operates station WHA in Madison, Wisconsin, and provides statewide public
radio services to public radio station throughout the State; and
WHEREAS, WPRA is a listener support group for public radio in Wisconsin; and
WHEREAS, ECB and WHA are authorized to contract with "listener support
groups" for the purpose of raising funds for public radio in Wisconsin, and are
further authorized to permit listener support groups, acting as fiduciaries, to hold such
funds under specified circumstances; and
WHEREAS, such cooperative fundraising for public radio is permitted by the Federal
Communications Commission (FCC); and
WHEREAS, WPRA desires to raise funds for public radio in cooperation with ECB and WHA
and in conformity with the statutes of Wisconsin, the Communications Act of 1934, and the
rules and polcies of the FCC;
NOW, THEREFORE, the parties agree to undertake the following obligations under the
terms and conditions specified:
1. Cooperative Fundraising.. WPRA, ECB, and WHA agree to cooperate in joint
statewide fundraising. The specifics of joint fundraising activities will be agreed upon
annually in advance in writing by the parties. On-air fundraising will be conducted by WHA
and WPRA. ECB and WPRA will conduct off-air fundraising activities. Each contribution
shall be identified and accounted for on a station-to-station basis by determining the
station to which each particular contributor listens. WPRA will serve as the statewide
contact for inquiries from individual contributors.
2. Receipt and Investment of Funds. WPRA shall maintain a holding bank account
into which shall be deposited all funds received from the operations described in
paragraph 1 and all other fundraising activities agreed upon by the parties. ECB and WHA
will
promptly deliver to WPRA any such funds that are delivered by mistake to either of
them. WPRA, as fiduciary on behalf of ECB and WHA respectively, shall establish one or
more investment accounts to hold such funds. Funds raised pursuant to this agreement shall
be invested as the WPRA Board shall determine. WPRA shall maintain records in accordance
with generally accepted accounting principles, consistently applied, of all use of such
funds and shall report at least annually to ECB and WHA on such use.
3. Division of Proceeds between ECB and WHA. Funds being described as gross
receipts less the agreed-upon amount to be returned directly to local licensees, e.g.,
WGTD, etc., participating in the statewide on-air fundraising activities) received by WPRA
will be determined prior to the beginning of each fiscal year by:
a. the adoption, pursuant to WPRA Bylaws, of an internal WPRA operating budget
acceptable to ECB, WHA and WPRA;
b. agreements between WHA and ECB; and
c. identified needs of the licensees.
These disposition actions will be based on the following in order of priority:
- providing a statewide radio program service;
- operating the WPRA;
- providing for local and regional activities as determined by the respective licensees.
All funds in excess of WPRA's operating budget shall be allocated to the licensees, or
set aside at the direction of the licensees to be held by WPRA and allocated in the future
at the direction of the licensees. Funds allocated to the licensees shall be divided
between ECB and WHA in a manner that the licensees shall jointly determine. The licensees
shall notify WPRA prior to annual renewal of the affiliation agreement as to their
agreement regarding the division of funds allocated. THe WPRA shall monthly appraise the
ECB and WHA of their respective fund balances, and shall, upon appropriate notice from the
respective licensees, promptly liquidate investments and transfer to each the amount of
funds requested. WPRA shall draw upon the ECB and WHA funds as needed to pay the
respective expenses in WPRA's annually approved operating budget.
4. Control of Programming and Operations. The parties affirm that ECB and WHA,
as licensees, shall maintain total control of their programming and operations as required
by the FCC, and nothing in this Agreement shall be interpreted in any way to impair or
dilute the respective authority of each. ECB and WHA shall each from time to time consult
with WPRA concerning matters of mutual interest relating to public radio operations in
Wisconsin, but WPRA's role shall in all cases be advisory only.
5. Annual Review. The Agreement shall be annually reviewed by the parties to the
Agreement and revised if necessary. The terms of the Agreement shall remain in effect from
year to year provided that each of the parties to the Agreement acts, after the adoption
of the budget provided in Item 3, to reaffirm and renew the Agreement.
6. Interpretation. This agreement shall be interpreted under the laws of the
State of Wisconsin as they apply to agreements executed and fully to be performed in
Wisconsin; The paragraph headings are for convenience only and shall in no event be used
to construe this Agreement. This Agreement is not assignable and may not be subcontracted
without the prior consent of all parties. This Agreement shall inure to the benefit of the
parties and their respective successors in interest.
IN WITNESS WHEREOF, the parties have set their hands this day of , 1982.
WISCONSIN EDUCATIONAL BOARD OF REGENTS OF THE
COMMUNICATIONS BOARD UNIVERSITY OF WISCONSIN SYSTEM
WISCONSIN PUBLIC RADIO ASSOCIATION
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