[BC] NPR violation of 73.1206?

[Paul Christensen]

> 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.

73.1206 is pretty clear as it its intent.  Although their member stations 
could face potential regulatory liability, NPR is likely in the clear unless 
their agreement with their member stations specifically incorporates by 
reference FCC rules and NPR's adherence to use reasonable care in complying 
the rules that affect their member stations.

On the other hand, the Commission would look to the member station's intent 
and potential propensity for negligence and probably conclude that little 
damage was done and decide if either an Advisory or Warning Notice to NPR's 
member stations is in order.

In any event, if the facts are true, NPR needs to re-evaluate their policies 
and ensure that their reporters and operators are fully aware of relevant 
FCC affecting their member stations.  The stations entrust the network 
entity in that what they air will meet FCC regulatory compliance.  In light 
of the past Janet Jackson/Superbowl fiasco, all stations and their networks 
should be sensitive to these content issues, even if the potential for 
damage is minimal.

Paul

====================================
Paul Christensen, CPBE, CBNT
LAW OFFICE OF PAUL B. CHRISTENSEN, P.A.
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pchristensen at ieee.org