[BC] NPR violation of 73.1206?

Sid Schweiger sid
Wed Nov 23 10:08:46 CST 2005


>>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?<<

Having been through this at one place I worked, yes, this is definitely
a violation.  The principle is that the called party must be given a
chance to object to being aired or recorded.

As to whether the affiliates get nabbed for it, only an FCC attorney
would know for sure.  The history of the cases I recall having to do
with networks varies.  Sometimes the affiliates get nabbed (i.e., Howard
Stern), sometimes only the O&Os (Janet Jackson's wardrobe malfunction),
and sometimes everyone gets a pass.  We'll have to wait and see.



Sid Schweiger
IT Manager, Entercom Boston LLC
WAAF - WEEI AM/FM - WMKK - WRKO - WVEI
20 Guest St / 3d Floor
Boston MA  02135-2040
Phone: 617-779-5369
Fax: 617-779-5379
E-Mail: sid at wrko.com


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