UPPS No. 02.04.01

Attachment I



This agreement is made this ___________ of _____________, 20__ between KTSW, 601 University Drive, San Marcos, TX 78666-4616  (Tele – 512-245-3485, Fax – 512-245-3732) and:


                (Merchant) _______________________________________________________________

                (Address)   _______________________________________________________________

                (Tele/Fax)  _______________________________________________________________


Radio Station KTSW (“the Station”) is licensed to San Marcos, Texas and is authorized by the Federal Communication Commission (“FCC”) to operate its noncommercial broadcast station on an assigned frequency of 89.9 mHz. The licensee of the Station is the Board of Regents of The Texas State University System. Pursuant to the rules and regulations of the FCC, the parties to this agreement acknowledge that the Station is permitted to broadcast underwriting and sponsorship announcements from for-profit entities, but is not permitted to broadcast commercial advertisements by for-profit entities. (In the event the above-referenced Merchant is a bona fide non-profit entity, the Station is permitted to broadcast commercial advertisements on behalf of the Merchant.)


Merchant desires to broadcast certain underwriting spots in conformity with this Agreement and all rules, regulations and policies of the FCC and/or Merchant desires to schedule non-broadcast promotional advertising with the Station.


Broadcast Schedule: For value received, (Merchant) agrees to pay, and the Station agrees to broadcast underwriting announcements as follows:

Beginning Date: _____________                   End Date: _____________                  Total Spots: ____________________

Specific Schedule Per Day/Week: ____________________________________________________________


Non-Broadcast Promotional Advertising:  For value received, (Merchant) agrees to pay, and the Station agrees to execute non-broadcast promotional advertising as follows:




Fees and Assumed Costs: ____________ Dollars ($         ) per announcement for a total of _____________ Dollars ($        ) and ___________ Dollars ($            ) for non-broadcast promotional advertising for a grand total of  ____________ Dollars ($         ) during the term of this Agreement, payable in full, in advance, at the time this Agreement is executed. The Station may pay a percentage of the total amount as a commission to the underwriting representative assigned to the Merchant named above.


Broadcast Announcements: The Station will provide Merchant a copy of the broadcast announcement(s) governed by this Agreement. The Station has final editorial control over the content of the announcement(s) and may revise, reject or terminate any such announcement(s) in order to maintain good faith compliance with relevant FCC rules and regulations.


Confirmation of Performance: At the conclusion of this contract term, the Station will provide Merchant with a written statement verifying the dates and times that each announcement was broadcast, including the total cost thereof.


Emergency Programming: The Station retains the right to interrupt or preempt any announcement covered by this Agreement at any time in case of emergency, or to broadcast other announcements or programs, if in its editorial discretion, to do so would best advance the Station’s public interest responsibilities.


This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Texas and shall be performable in Hays County, Texas.


This is the entire agreement of the parties in regard to these matters. There are no oral agreements existing between them.


The Station:                                                                                       (Merchant’s Name):


By: ______________________________________                          By: _________________________________________


Printed Name: _____________________________                         Printed Name: ________________________________