[BC] NPR violation of 73.1206?

Rich Wood richwood
Wed Nov 23 10:54:27 CST 2005


------ At 10:30 AM 11/23/2005, Harold Hallikainen wrote: -------

>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?

The FCC doesn't license networks. In general, networks that don't 
originate from radio stations are often unaware of the rules that 
govern stations. Unfortunately it's the licensee that's responsible 
for everything that airs.

However, like most things with the FCC it's a crapshoot. Recall that 
the "wardrobe malfunction" at the Superbowl drew fines only from the 
CBS O&Os, not the entire base of affiliates, even though they all 
broadcast it and could be liable for fines as high as $27,500. Now 
that Conservative Crusader Tomlinson is out and NPR is, allegedly, 
Liberal, again there might be Hell to pay. I hope it wasn't the 
Republican National Committee office they called.

Remember, there's a huge deficit we have to help pay down.

"_Before_ recording a telephone conversation for broadcast, or 
broadcasting such a conversation simultaneously ..."  seems pretty 
straightforward. In my years in Talk Radio I would never allow a call 
to be originated and aired without prior approval.

Rich


Rich Wood
Rich Wood Multimedia
Phone: 413-303-9084
FAX: 413-480-0010 



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