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FCC Upholds $4,000 Fine Against Rejoynetwork.

FCC Upholds $4,000 Telephone Recording Fine Against Rejoynetwork.

February 3, 2011 - The commission denied the petition for reconsideration filed by Rejoynetwork, LLC,  licensee of Station WAAW(FM), Williston, South Carolina, of a Forfeiture Order issued February 4, 2010.   The Forfeiture Order imposed a monetary forfeiture of $4,000 against the Licensee for violating Section 73.1206 of the Commission’s rules  by broadcasting multiple telephone conversations without giving prior notice to the individuals being called of its intention to do so.  As discussed below, we deny the Petition and affirm the $4,000 forfeiture. 

The commission says the station violated Section 73.1206 on March 23, 2006, when the Station broadcast telephone conversations between a Station radio personality, Ryan B., and airport officials Willis M. (“Buster”) Boshears, Jr. and Cedric Jerome Johnson without first informing the officials that the conversations would be so broadcast.   The Forfeiture Order rejected the Licensee’s argument that Section 73.1206 is an invalid and unenforceable restraint on free speech violating the First

In case you were wondering, here's the actual rule:
Before recording a telephone conversation for broadcast, or broadcasting such a conversation simultaneously with its occurrence, a licensee shall inform any party to the call of the licensee’s intention to broadcast the conversation, except where such party is aware, or may be presumed to be aware from the circumstances of the conversation, that it is being or likely will be broadcast.