[BC] NPR violation of 73.1206?

[Harold Hallikainen]

This morning's Morning Edition on NPR had a story about getting through
telephone menu trees quickly. They gave a demo on the air where it
appeared they made a call, worked their way through a menu, then told the
person who answered they were being recorded for broadcast and asked if
that was ok. It was my understanding that you had to have permission
BEFORE recording a conversation for broadcast
(http://sujan.hallikainen.org/FCC/FccRules/2006/73/1206/) and that getting
permission during the recording was not adequate. Was this a violation?
Since NPR is not a licensee, do they face any liability? Do, instead, the
stations that broadcast the story face liability since NPR probably acted
on their behalf?

Harold

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