Constitution of 91.3FM WXAC Reading - Albright College Radio

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Preamble: Whereas Albright College Radio, WXAC-FM, has been instituted and organized to promote the benefits of educational radio to the Berks County and Albright College communities, the members of Albright College Radio, WXAC-FM do establish this constitution under the authority of the Board of Trustees of Albright College.

Article I - Declaration

The name of this organization shall be "WXAC-FM," herein referred to as WXAC, under the authorization of the Federal Communications Commission. WXAC is a noncommercial educational FM (NCE FM) radio station designated by the Federal Communications Commission. The licensee of WXAC shall be Albright College.

Article II - Purpose

The purpose of WXAC shall be to provide the advancement of an education program, cultural and entertainment programs through the medium of radio to the Berks County and Albright College communities. It shall provide the individuals with the ability to accumulate practical and applicable knowledge in the discipline of radio broadcast communications.

Article III - Organization

Section I- WXAC is overseen by a part time adviser/station manager. In addition, a professional engineering service is on contract to keep the station up and running. Two (2) stipended students will act as Program Director and Music Director. -- Section 2 - The cost of maintaining and upgrading of services and capital improvement of WXAC shall be financed through the Student Government Association of Albright College, private contributions, and proceeds from underwriting. At the beginning of each academic year, the executive board shall submit its general operating budget to the S.G.A. for approval. Since Albright College is the owner and licensee of WXAC, a non-profit organization, donations to WXAC are given in the name of Albright College, specifically for WXAC.

Section 3 – The Station Manager, and either the student Program Director or Music Director shall sign the purchase order forms and the check request forms.

Section 4 - Copies of the station policy and procedure shall be available for public access at Albright College library. Part C. Membership

Section 1 - Membership is open to any registered student of Albright College. The membership and term of contract is valid throughout the present school semester.

Section 2 - Such eligible students must demonstrate a working knowledge of the radio station facilities and equipment of WXAC as follows. To become a member of WXAC staff, one must: 1) be formally trained in the operation of WXAC's broadcasting equipment and 2) pass the WXAC application examination and 3) sign a WXAC contract and 4) sign any supplementary contract.

Section 3 - Any person may be removed from the station staff if they violate any WXAC or FCC rules.

Section 4 - General staff meetings must be held once a month. The staff meeting is mandatory and all staff members must attend these meetings. The staff shall be notified at least five (5) days in advance.

Article IV - FCC Rules and Regulations

Violation of this portion of the document will result in measures taken based upon the severity of the infraction. In extreme cases, perpetrators will be solely responsible for their actions. Should legal action be taken by the FCC, all costs shall be borne by the perpetrator.

Section 1 - FCC Regulations

Whereas WXAC operated under direct authorization from the Federal Communications Commission, Washington D.C., all WXAC staff members shall adhere to all current FCC regulations and provisions which may be enacted during the course of the broadcast term. In the event of a staff member's uncertainty toward a specific action and the FCC ruling pertaining to said action, he or she should contact the General Manager for clarification of the ruling. Ignorance is no excuse for violating FCC law. Any penalties incurred by the station as a direct result of broadcaster's actions shall be fully borne by said broadcaster. A broadcaster is, at all times, responsible for his/her actions at WXAC. Section 2 - Station Identification

Broadcast station identification announcements shall be made at the beginning and ending of each time operation and hourly, as close to the hour as feasible. The correct station identification must contain the following and only in the following order: Call Letters, City of Origin. Therefore the correct station identification for WXAC is "WXAC : Reading". The addition of "91.3FM" and "Albright College Radio" must also be said, but these may follow or precede the legal station ID of "WXAC : Reading" In the event that the identification is not aired properly, it must be re-broadcast. Only carts marked "Legal ID" will be permitted for use as a prerecorded station identification.

Section 3 - The Public Inspection File

The FCC requires all broadcast stations to keep a collection of important legal and operating documents in the station premises. The contents of the public inspection file are specifically determined by the FCC. According to FCC regulations, the public file must be open for inspection by any interested member of the community or the general public. The public file is located in the Program Director's file cabinet drawer marker: "Public Inspection File." No portions of the public inspection file are ever to leave the station premises.

Section 4 - Station Inspection by FCC

The license of a broadcast station shall make the station available for inspection by representatives of the FCC at any time it is in operation. For non-commercial, educational FM stations, station logs and special technical record shall be made available upon request by representatives of the FCC.

Section 5 - Emergency Broadcast System (EBS)

WXAC, endear the direct authorization of the FCC, voluntarily participants in the EBS. Every six months the FCC will issue the EBS Authentication Word List (a red envelope) to be used in conjunction with procedures contained in the EBS checklist and Standard Operating Procedures (SOP's) for tests or actual National emergency situation.

Article VI - Amendment

Section 1 - Amendments to this constitution may be proposed by: Adviser/Station Manager, student interns or The SGA. Article VII - Ratification

Section 1 - This constitution shall become effective upon the majority vote of both the Student Life Committee and the S.G.A., upon acceptance, shall render null and void all previous constitutions and all previous legislation in conflict with this constitution.

______Date of Ratification By;

______91.3FM WXAC Reading - Albright College Radio Policy and Procedure Updated August, 2013 Station Policy and Procedure of 91.3FM WXAC Reading - Albright College Radio

Part A. Statement of Station Policy

The following items have been adopted as policy for radio station WXAC 91.3 FM: Albright College, Reading Pennsylvania.

Whereas WXAC operated under direct authorization from the Federal Communications Commission, Washington D.C., all WXAC staff members shall adhere to all current FCC regulations and provisions which may be enacted during the course of the broadcast term. In the event of a staff member's uncertainty toward a specific action and the FCC ruling pertaining to said action, he or she should contact the Station Manager for clarification of the ruling. Ignorance is no excuse for violating FCC law. Any penalties incurred by the station as a direct result of broadcaster's actions shall be fully borne by said broadcaster. A broadcaster is, at all times, responsible for his/her actions at WXAC.

Section 1 - FCC License Provisions

Station Identification

Broadcast station identification announcements shall be made at the beginning and ending of each time operation and hourly, within a period of five (5) minutes on either side of the hour. The correct station identification must contain the following and only in the following order: Call Letters - Mode of Broadcast: Establishment and City of Origin. Therefor the correct station identification for WXAC is "WXAC 91.3 FM: Albright College, Reading Pennsylvania: In the event that the identification is not aired properly, it must be re-broadcast. Only carts marked "Legal ID" will be permitted for use as a prerecorded station identification.

The Public Inspection File

Station Inspection by FCC The license of a broadcast station shall make the station available for inspection by representatives of the FCC at any time it is in operation. For non-commercial, educational FM stations (NCE FM), station logs and special technical record shall be made available upon request by representatives of the FCC. If the FCC representatives should come into the station for inspection, notify the General Manager immediately.

Emergency Broadcast System (EBS)

WXAC, under the direct authorization of the FCC, voluntarily participants in the EBS. All EBS programming data (tests or alerts) should be entered in the transmitter/ program log.

Section 2 - Professionalism

All WXAC staff members shall be expected to conduct themselves with a high level of professionalism. As a representative of WXAC, one is also a representative of Albright College. A DJ's on-air behavior and manner by which that person conducts him/herself is a direct reflection of both the college and the radio station. Remember that WXAC broadcasts to Berks County and surrounding communities as well as the campus of Albright College.

Section 3 - Partying

Under no circumstances shall partying of any nature be tolerated in station premises. While we encourage Albright persons to take an interest in WXAC, the station is an inappropriate location for social gatherings. There is simply not enough room for this sort of luxury within the walls of WXAC. When in the radio station, behave accordingly, whether one is found inside or outside of the control room. Behavior that is not in accordance with that of a radio station shall be considered partying. For any clarification on this matter, contact the General Manager.

Section 4 - Responsibility

The on-air DJ is responsible for anything that occurs in the station while s/he is on the air. This includes breeches of policy, vandalism, theft, and equipment abuse. S/he is likewise responsible for any and all visitors to the station. All visitors are expected to follow station policy while in the station, thus the on-air DJ is responsible for any problems that might arise as a result of their visitation. If a DJ does not wish to be held liable for their guests' actions, said guest should therefore not be allowed to enter the station. WXAC also accepts NO responsibility for any personal items that are left or lost in the station. The station is not a place for storing any sort of personal belongings.

Section 5 - Editorializing

Editorializing, overt or covert, is prohibited on the airwaves. WXAC is not the proper forum for airing your personal opinions and beliefs, so please keep them to yourself. The airing of records with, for example, political, religious or other messages are fine as long as the DJ does not elaborate on them or enforce the ideas over the air. The station is presently owned and licensed by Albright College and is therefore subject to editorial control by the college. Any editorials put forth by the station are subject to editorial approval by the school. If you have any ideas concerning a possible editorial, please contact the General Manager. Section 6 – The Radio Station

WXAC is a volunteer organization whose membership is open to any person wishing to participate. WXAC is open to the staff, students and alumni of Albright College every day of broadcast. The following are prohibited in the radio station at all times:

Alcohol and Other Substances

The consumption or presence of alcoholic beverages is prohibited within the station. Likewise, WXAC will not tolerate anyone performing their duties while under the influence of alcohol and/ or controlled substances. There is no place for this type of behavior at WXAC and violators will be dealt with severely. If a violation occurs, the staff member(s) involved will receive a semester suspension from the staff of WXAC. If a second violation occurs, it will result in permanent removal from WXAC.

Sexual Activity

WXAC is not the correct place for any sexual activities. Staff members who wish to indulge in these activities shall please contain such acts to locales other than the premises of the radio station. If a violation occurs, the staff member(s) involved will receive a semester suspension from the staff of WXAC. If a second violation occurs, it will result in a permanent removal from WXAC.

Smoking

Smoking is prohibited in all premises of the radio station and the Administrative building. Smoke particles along with nicotine films have an extremely degenerative effect on station equipment; especially tape heads, calibrated devices (e.g. meters, monitors,) potentiometers and motors.

Section 7 – The Control Room

The following are prohibited in the control room at all times:

Food and Drink

Food particles and liquids are extremely destructive in the presence of station equipment. If you must indulge, please confine it to outside the control room. This applies to Production and Record room, as well. If a violation occurs, the staff member(s) involved will receive a semester suspension. If a second violation occurs, it will result in permanent removal from WXAC.

Occupancy of More Than Three (3) People

The control room is too small to handle more than three people while being used for its proper broadcast purpose at the same time. A good DJ does not need two assistants The high cost of the equipment warrants a high level of respect for it. Due to the smaller size and occupancy of the control room, it is limited to no more than the DJ and two (2) guests.

Section 8 – Monitoring Air

In accordance with the federal regulations, monitoring the signal produced from our station through an on-air source (i.e. a radio, air monitors) is required. On-air DJs must monitor the air with on-air monitors through the control board. Because these monitors are muted during the use of microphones to avoid feedback, DJs must wear headphones to monitor on-air signal. Wearing the headphones also prevents the DJs from misleading air. Remember signal accuracy and clarity is essential for quality broadcasting.

Section 9 – Visitors

Non-DJs are only permitted entry into the station with prior permission from the General Manager. Staff members who bring visitors into the radio station must accept responsibility for them as well. This means that visitors must also act in accordance with station policy whenever within the station. While visitors are certainly not prohibited from entering the control room during broadcast hours, remember that only a licensed DJ can operate the control board and broadcast over the air. No one without a broadcast license and WXAC contract will be permitted to perform station functions. Guests may speak on the air if and only if the on-air DJ is operating the control board.

Section 10 – The Program log

All broadcasters shall be required to follow the daily guidelines given in the program log. Broadcasters (regardless of the length of broadcast) will be required to sign the program log in ink, indicating the sign-on and sign-off times. Broadcasters must also indicate the airing of directed announcements in the program log including the exact time it was aired. Failure to sign on places the FCC license in jeopardy. If one fails to sign off, s/he is responsible for everything that goes over the air forever, or until you sign off.

Section 11 – The Engineering log

It is the responsibility of the on-air broadcasters to take appropriate readings and fill out the engineer log completely, including the exact time of the readings and the initials of the broadcaster. Meter readings must be taken at least once every hour and recorded in the engineer log. Readings before initial station sign-on and after sign-off must also be taken. In order to maintain the proper functioning of the station equipment, these readings are mandatory. Readings should be taken just after signing the station on, just prior to signing the station off, and every hour in between as scheduled.

Section 12 – Public Service Announcements

In an effort to serve the community and in accordance with federal regulations for noncommercial radio stations, WXAC shall air responsible and informational public service announcements. All broadcasters will be required to air these PSA’s as indicated in the program log. Any attempt to taint or discredit the content of any such announcements shall be considered a disservice to the public and an unprofessional act on the part of the broadcaster. If you do not read the information properly, the public cannot receive it and hence, you have not accomplished your purpose and the purpose of WXAC.

Section 13 – Staff Meeting

Staff meetings will be held the first Monday of every month that school is in session. Attendance is MANDATORY. It is your responsibility to find out the time and place (posted in the campus center/ notices sent to your campus box) of each meeting. You must make the proper arrangements ahead of time to ensure your attendance. There will be one excused or unexcused absence permitted for each semester schedule. If you miss more than one meeting during a semester, you will be ineligible for a show next semester, or able to choose a show after all other staff members. Special exceptions may be granted by written permission from the General Manager. If you absolutely cannot attend the meeting, you must notify someone in the WXAC office at least one day in advance, or you will go on the record as absent. If you wish to be on the agenda or address a specific issue, contact the General Manager at least one day prior to the meeting. These meetings are only open to the staff members and serve as the best method for staff-management communication. Since they occur only once a month, come prepared and alert.

Section 14 – Format Records

All broadcasters, unless otherwise authorized, shall be required to play at least THREE (3) selections per hour from the format section located in the station office. Only selections that were not played in the previous two-hour period, and the selections must be from three different formats shall fulfill this requirement. It is the responsibility of the broadcaster to become familiar enough with the format section to wisely choose cuts fitting for his or her particular show. This section of recording materials exists to give a unified sound for exposing listeners to new music and to endure our continued reception of new music from labels. If you need assistance, please consult the Music Director. NOTE: Some formats may contain profanity/ obscenity in the lyrics or message. It is the DJ's responsibility to play appropriate selections and screen songs for inappropriate material

Section 15 – Record Policy

All records along with their dust jackets and proper covers must be correctly re-filed at the conclusion of each show. It is extremely important that you take time to properly re-file so that the record library can remain ordered. To ease the process of re-filing, take note of the letters marked on the record in the upper left hand corner. The first letter indicates which section of the library to file it in and the second set of letters indicates its alphabetic location in the library. No records filed in the control room shall leave until the Music Director decides to place them in the library. The Music Director reserves the right to lock the record library without advance notification.

Section 16 – CD Policy

WXAC management must be present to sign out any discs. LPs may not be removed from the station. Assure that all discs are in their respected cases. Discs must be entered into the CD sign out book in the respected order: New (N), Format (F), and Regular (Numbered). After completion of show, slide all discs under the WXAC office door, located across the hall from the studios. If a CD is not returned after three (3) days of being signed out, the DJ responsible will be fined $50.00 per disc plus the cost to replace to CD. Also, DJs are not allowed to sign out CDs for anyone other than themselves.

Part B. Statement of Station Procedure

The following guidelines have been set forth as procedures for radio station WXAC 91.3 FM.

Section 1 – Adherence to Station Policy

Staff members found not in compliance with station policy shall be dealt with accordingly. Since situations cannot be generalized, no single concrete action of the policy can be stated. However, the general form will be an official warning for the first offense. The second offense shall result in removal from staff for a length of time deemed fitting by the station management. In a case where the offense is of such severe or blatant nature, suspension may occur immediately without a warning. Area of the policy not following this general guideline are as follows:

Section 2 – Partying No warnings shall be given to members who break this section of the policy. Likewise for those members who allow partying in the station whether they themselves are taking part or not shall receive no warning of suspension or removal.

Section 3 – Editorializing

Highly overt or offensive editorializing will be regarded as a blatant breech of policy. In this case, a warning may not be given prior to dismissal from staff.

Section 4 – Record/ CD Policy

Failure to adhere to the record and CD policies will be dealt with in the following manner: • Unauthorized removal or destruction of a recording (as defined in the policy statement) shall result in a fine of $50.00 per album plus replacement cost of recordings and possible suspension. • Improper borrowing of a CD shall result in a fine of $50.00 per disc. • Failure to re-file recordings shall result in one hour of time devoted to library maintenance prior to the perpetrator’s next scheduled show. • Records may NOT be taken from station premises.

Section 5 Obscenity

(See Obscenity Policy revised Spring-Summer 2005)

Section 6 – Substitutes

If one is unable to do his/her show as scheduled, it is that DJs responsibility to find someone who can. First, attempt to find a qualified substitute (i.e. licensed and contracted for the current semester) through the substitute list posted in the station or on the message group website. Secondly, notify the Program Director of the change. It is recommended that the DJ with the original show provide the substitute with a playlist to keep musical continuity. If these measures are unsuccessful, contact the Program Director at least 24 hours before the show. Please try as hard as possible to use the methods of finding a substitute. Do not come to the Program Director if you have not started calling people on the list. Contacting the Program Director should always be the last step. If your airtime is not filled and you have not contacted the Program Director, you will be subject to a $20.00 fine and loss of show.

Section 7 – Tardiness

If you know that you will be late for your show, please contact the on-air DJ and warn him or her to arrange some fill-in music. If you are more than 10 minutes late without giving a DJ notice or finding a substitute, you will receive a warning. If this occurs again, loss of show may result. If you are on the air and the scheduled DJ has not arrived, try to contact him or her. If this fails, attempt to contact the Program Director or any Executive Board member. Wait 10 minutes and attempt these steps again. If all fails, play the STATION INTERRUPT cart and note the time in the program log. TURN THE STATION OFF and record the proper transmitter readings in the engineering log. Use this measure as a last resort.

Section 8 – Special Programs or Productions

If you have ideas for special programming or need any production done, feel free to contact the Program Director, Production Director, or any other member of the Executive Board.

Section 9 – Licenses

In accordance with the FCC rules and regulations (73.1230), operator licenses and the licenses of the station and any other instruments of authorization shall be held by the station. They are to be enclosed in a binder or folder which is retained at the posting location so that the documents will be readily available and easily accessible.

Section 10 – Give-aways

Staff members of WXAC are not eligible for on-air give-aways. No exceptions. This is to avoid conflict of interest. There are give-aways strictly for the staff members within the privacy of the WXAC office. Any DJ found doing give-aways on the air will be subject to suspension or termination.

Section 11 – Communication

Communication is a necessary part of the organization of WXAC. Staff members should feel free to discuss any questions pertaining to the station or the field of radio broadcasting with the management. Should you have specific question s concerning: • PSAs, Special Shows, Staff Management, Production… see Program Director • FCC Requirements or Questions,, Use of Equipment, Equipment failure, Station Maintenance, FM Radio Broadcast, Station Constitution, Policy and Procedure, Organizational Problems … See Station Manager • Music Information, Record Library, Record Company Relations, Music Policy… see Music Director

Section 12- Religious Broadcasting WXAC has a policy which protects equally students and citizens regardless of their race, sex, religion, ethnicity, or sexual preference, and therefore does not permit any programming which includes or may include inflammatory. Derogatory or exclusionary statements regarding any protected group. In keeping with this policy. WXAC cannot permit any one religiously- affiliated organization, or individual to be granted air time to the exclusion of others, and so will refrain from scheduling programming with spoken word religious doctrine. Music programs or music programming which includes genres traditionally associated with religious origins, such as gospel, Klezmer, or Christian rock will not be precluded.

91.3FM WXAC Reading - Albright College Radio Obscenity Policy

Earlier edition adopted 1989 Revised July 1993 Revised February 1996 Revised Summer 2005 Revised December 2010 Obscenity Policy of 91.3FM WXAC Reading - Albright College Radio

Part A: Basis of the obscenity policy

Through the years, our country’s legal system has grappled with issues dealing with obscenity and radio. Vague Supreme Court case verdicts are currently the only guidance radio stations have for dealing with the issue. We at WXAC are always looking for precedence in law to help guide our policy on obscenity. Lately, the Supreme Court and FCC have taken a deregulatory stance on broadcasting, translating to the licensed stations having a greater discretion in content. Before we get into WXAC’s policy, you must understand the difference between the terms in question, indecency and obscenity.

Indecency is defined as language or material that, in context, describes or depicts in terms offensive material as measured by contemporary community standards from the broadcast medium, such as but not limited to sexual, excretory activities or organs. While indecent speech is protected by the First Amendment, the courts have recognized the government’s compelling interest in protecting children from exposure to such speech through the intrusive and easily available medium of radio and television, and permit limitations on where and how indecent speech is disseminated.

The courts have found that, under the First Amendment, the government may "channel" the broadcast by radio of indecent speech to times of day when children are not likely to be in the audience. Congress has defined the period during which indecent speech can be broadcast, the "safe harbor" period, as 10PM to 6AM for public broadcast stations that go off the air at or before midnight, and midnight to 6AM for any other stations.

However, due to federal court indignation concerning the proper scope of the "safe harbor", the FCC has, since 1989, enforced the indecency prohibition only for programs airing during the period from 6AM to 8PM. Broadcasters that air indecent material outside the "safe harbor" may be fined or subjected to other administrative remedies, including license revocation.

NOTE: WXAC fully wishes that ALL DJs refrain from any obscenity or indecency during ALL programmed shoes. Should any penalties occur through the FCC, the broadcaster who allowed the infraction shall bear all responsibility, as established in Part A of the Station Policy and Procedure.

Obscenity, on the other hand, is not protected by the First Amendment and is prohibited from the airwaves 24 hours a day. To be obscene, material must meet a three-prong test: (1) an average person, applying contemporary community standards, must find that the material appeals to the prurient interest; (2) the material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and (3) the material, taken as a whole, must lack serious literary, artistic, political, or scientific value. See Miller vs. California, 413 U.S. 15.

Part B: WXAC’s Obscenity Policy

Based on the legal history described above and on the recent actions of the FCC, Congress, and the courts, specific WXAC policy requirements are listed below.

FOR OBSCENITY (1) NO announcer/ programmer or their guests may use/ broadcast obscene language (as defined in the 1973 Miller vs. California Supreme Court Case). (2) Violations of these provisions will result in suspension from the air staff for six (6) months the first time, and permanent removal the second.

FOR INDECENCY (3) NO announcer/ programmer or their guests may use/ broadcast indecent language (as defined in the 1978 Pacifica Supreme Court Case), for any reason under any circumstances at any time. (4) Violations of this provision will result in a written warning for the first time, six months suspension for the second time, and permanent removal for the third violation.

As a college station, we need to stay well within the boundaries to keep ourselves covered. We cannot afford ANY legal problems. As such, all recorded music must be previewed and screened for lyric content PRIOR to broadcast. Ignorance of the content of a record is no excuse for the broadcast of obscene or indecent material. The Music Director and Music Librarian will make an effort to help programmers by labeling any new or replacement records containing obscene or indecent lyrics.

If you have any questions about material for your programs, or any doubts whatsoever regarding the “obscene” or “indecent” nature of any material, you are urged to seek the advice of the Program Director, the Music Director, or the General Manager PRIOR to broadcast.

Violations of the obscenity policy are very dangerous to the station and the individual broadcaster, and the penalties can be very severe. WXAC will not tolerate violations of this policy, and will not defend any staff member who finds themselves in legal or financial trouble as a result of such violations. 91.3 FM WXAC Reading, PA

Albright College Radio

Station Constitution

Revised August 2013

Mindy Cohen General Manager/Adviser