1300 NORTH 17th STREET, 11th FLOOR ARLINGTON, VIRGINIA 22209 FRANCISCO R. MONTERO OFFICE: (703) 812-0400 (703) 812-0480 FAX: (703) 812-0486 [email protected] www.fhhlaw.com www.commlawblog.com KEENAN P. ADAMCHAK (703) 812-0415 [email protected] May 21, 2020
VIA ECFS & EMAIL
Marlene Dortch, Secretary Federal Communications Commission 445 12th Street SW Washington, D.C. 20554 Attn: Albert Shuldiner, Chief, Audio Division – Media Bureau
RE: Fundraising Waiver Request – Newport Folk Festival and WFUV’s June Membership Drive Fordham University WFUV(FM), New York, New York (Facility ID No. 22033)
Ms. Dortch:
Fordham University, licensee of WFUV(FM), New York, New York (Facility ID No. 22033) (“WFUV”), by its undersigned counsel, hereby requests waiver of Section 73.503(e)(3) of the Commission’s rules1 to air the following fundraisers:
• Newport Folk Festival – Launched in partnership with the Newport Folk Festivals Foundation, Inc., a Section 501(c)(3) non-profit organization, the fundraiser will raise money for artists and musicians affected by the coronavirus pandemic.2
• WFUV’s June Membership Drive – WFUV’s June pledge drive will raise money for Part of the Solution (POTS), a provider of food and social services located in Bronx, New York.3 POTS is a Section 501(c)(3) non-profit organization.
As further detailed below, both fundraisers are intended to raise relief for individuals affected by the coronavirus pandemic. This request is being filed pursuant to terms set forth in Paragraph 20 of the Report and Order in Noncommercial Educational Station Fundraising for Third-Party
1 47 C.F.R. § 73.503(e)(3). 2 See https://www.newportfolk.org/. 3 See https://potsbronx.org/.
FLETCHER, HEALD & HILDRETH, PLC
May 21, 2020 Page 2
Non-Profit Organizations, 32 FCC Rcd. 3411, 3422 (2017). WFUV is funded in part by the Corporation for Public Broadcasting (CPB), and thus requires a waiver of Section 73.503(e)(3) to participate in a third-party non-profit fundraiser.
Good cause exists for grant of the requested waiver. In over one hundred years, Americans have not experienced a pandemic of such catastrophic proportions. The coronavirus pandemic has caused economic disruption not experienced by Americans since the Great Depression. State and local governments have implemented social distancing measures causing: (1) millions of Americans to lose their jobs – necessitating that these individuals seek the support of food pantry services and other forms of social relief; and (2) the shutdown of music venues and music festivals – thereby placing many artists and musicians out of work. Although these social distancing measures are slowly being rolled back across the country, they have already caused irreparable economic disruption for many individuals – including artists and musicians. Accordingly, since WFUV’s “fundraising appeals to support relief efforts following [a] disaster[] of particular uniqueness or magnitude,” good cause exists for the requested waiver.4
The general parameters of the fundraisers are:
Newport Folk Festival
1. Nature of Fundraising Effort. WFUV proposes to raise money through on-air solicitation to provide relief to artists and musicians affected by the coronavirus pandemic. WFUV will make appeals for listeners to donate online through the Newport Festivals Foundation, Inc.’s website. The fundraiser will not be for the benefit of WFUV.
2. Duration of Fundraising Effort. WFUV plans to host the fundraiser from July 31, 2020 to August 2, 2020, 11 AM to 7 PM each day.
3. Organizations to which Funds will be Donated. Funds will be donated to the Newport Festivals Foundation, Inc. and the Newport Festivals Musicians Relief Fund.5 Both organizations are Section 501(c)(3) non-profit organizations.
4. Whether the Fundraiser will be Part of the Station’s Regularly Scheduled Pledge Drive or Fundraising Effort. The fundraiser will be a standalone campaign. WFUV’s broadcast of the fundraiser, however, will not exceed the 1% of annual total station airtime limitation. Additionally, the fundraiser broadcast will include 24 hours of live music over 3 days (i.e., July 31, 2020 to August 2, 2020) – with about 1 hour total fundraising time.
4 See Media Bureau Announces Procedures for Obtaining Commission Approval for NCE Station Fundraising to Aid Oklahoma Tornado Relief Efforts, Public Notice, 28 FCC Rcd. 7461 (2013). 5 See https://www.newportfestivals.org/; https://www.newportfestivals.org/musician-relief- fund.
May 21, 2020 Page 3
5. Reimbursement. WFUV will not be reimbursed for expenses incurred for conducing the fundraiser from the donations or the organizations receiving donations.
WFUV’s June Membership Drive
1. Nature of Fundraising Effort. WFUV proposes to raise money through on-air solicitation for donations to POTS – a food and social services non-profit organization in Bronx, New York. POTS helps low income individuals and families struggling with the economic and societal effects of the coronavirus pandemic.
2. Duration of Fundraising Effort. WFUV plans to host the fundraiser from June 13 to June 19, 2020. Listeners, however, will be given the opportunity to donate off-the-air through June 30, 2020.
3. Organizations to which Funds will be Donated. Funds will be donated to the POTS, a Section 501(c)(3) non-profit organization.6
4. Whether the Fundraiser will be Part of the Station’s Regularly Scheduled Pledge Drive or Fundraising Effort. The fundraiser will be part of WFUV’s June 2020 membership pledge drive. WFUV will provide members the opportunity to donate $5 towards POTS when supporting the station with a membership contribution.
5. Reimbursement. WFUV will not be reimbursed for expenses incurred for conducing the fundraiser from the donations or the organizations receiving donations.
Should you have any questions regarding this transmission, please contact the undersigned.
Respectfully submitted,
/s/ Francisco R. Montero Francisco R. Montero Keenan P. Adamchak
Counsel for Fordham University
cc (via email): Tom Hutton ([email protected]) Albert Shuldiner ([email protected])
6 See https://potsbronx.org/.