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SBS Stations Hit With Phone Fines
WASHINGTON -- October 17, 2008: The FCC has issued a notice of apparent liability to Spanish Broadcasting System, with two separate forfeitures of $16,000 for recording a phone call for broadcast without the permission of the call recipient. The NAL says an independent contractor working with the El Vacilon de la Manana show recorded a prank phone call that ultimately aired twice on each station.
On July 19, 2007, contractor Ruben Ithier called a woman, claimed to be a hospital employee, and told her that her husband had been murdered and his body was in the hospital morgue. He then added that the woman's daughter had been killed by a car while running from the scene. After the woman became hysterical -- the FCC transcript cites "crying, screaming, inaudible conversation" -- Ithier identified himself and said the call was a joke.
The stations admitted that the call was made, saying it was done at the request of the recipient's sister, and that the call was broadcast, and also acknowledged that Ithier did not tell the recipient that the call was being recorded for later broadcast. The stations said Ithier got permission to broadcast the call after it was recorded, but the FCC responds in the NAL, "The failure to inform the call recipient prior to recording the call that it was intended for broadcast is an apparent violation of Section 73.1206." The NAL also says the call was "the type of behavior Section 73.1206 was enacted to sanction -- entertainment at the expense of the individual's right to privacy."
The commission also rejected the argument that Ithier was an independent contractor, saying licensees are responsible for the actions of their employees and contractors.
The base forfeiture for the unauthorized broadcast of a phone conversation is $4,000, but the commission bumped that up to $16,000 for each station, citing the fact that the call aired twice, and a "history of violating the commission's rules" by SBS, including an earlier violation of the rule at issue in this case. SBS has 30 days to appeal or pay the fines.
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