[BC] RE: NPR violation of 73.1206?

[Mike McCarthy]

That is the same conclusion given to us by our counsel.  If incoming phone 
lines are for on-air and studio use exclusively and not part of the office 
phone system, there is a clearly implied consent that the calling party 
expects to the recorded or aired.
Of course, this is for broadcast purposes.  There are state laws which 
cover non-broadcast recording of calls.

MM

At 07:59 PM 11/23/2005 -0500, Tom Bosscher wrote
>Kevin/Tieline Technology wrote:
>
>>By the way what I mentioned below is assuming a recording to be aired
>>later which is what it sounded like in the NPR case.  One must always
>>get permission off the air before placing that person on the air.
>>Period.  No question about it.
>>
>>
>    If the person is calling into a talk show or request line, the FCC has 
> stated that there is a expectation that they will be recorded, or put on 
> the air live (silly thing to do today) . They have ruled that this does 
> not apply to the business lines. And, as long as I have been in the 
> business, if you call out to someone, you must indeed get permission 
> before you record. Our news department will ask twice. Once, "Mr. Smith, 
> do we have your approval to record this interview?" "Yes", then they 
> start the "tape"  and ask again, so the approval is recorded. "Ok, we are 
> talking to Mr. Smith, and Mr. Smith, once again, to we have your appoval?"
>
>    The Indiana state law that was mentioned cannot override the Federal 
> Law regarding broadcast stations. Those type of state laws are for other 
> business's to record their conversations.
>
>       tom bosscher