The following is a transcript from a Labor Radio story aired on Madison, WI community radio station WORT on April 15.
READER ONE: Vicki McKenna, well-known Madison rightwing talk show host has been focusing discussions on her program UpFront on WIBA-AM radio on the topic of the recent sick-out by Madison teachers in protest of Governor Walker’s so-called “Budget Repair Bill”. But now, McKenna herself may have violated Federal law and put her station at risk of fines as high as $25,000.
On Monday April 14th, about 2 minutes into the second hour of UpFront, McKenna played a recording of a 45 second voicemail message that she said she had received from a listener identified only as “Matt” who claimed the voicemail had been left on his machine by mistake due to a dialing error:
TAPE: 31 sec
In that segment, we bleeped out the message because, according to the Federal Communications Commission, which regulates all broadcasting in the United States, it is illegal under Section 73.1206 to broadcast telephone recordings without notifying any and all parties to the phone call of the station's intention to broadcast. Labor Radio spoke directly to the person whose voice is on the message and she said she did NOT give prior permission.
The law is quite clear. As recently as February 17th, 2011, noted communications attorney David Oxenford wrote on his blog that the FCC planed to fine a broadcaster $25,000 for a similar broadcast. In another case, in July of 2008, the FCC fined a station in North Dakota for broadcasting a voicemail that had been left on a private cellphone.
Vicki McKenna and her guest, conservative blogger Dave Blaska, addressed the issue of adhering to the law in yesterday’s program:
TAPE: 22 sec
It is unclear at this time whether either of them plans to turn themselves in for this potential violation of FCC law.