Airing Phone Calls

[amp]

Is anyone else running into this?

We did a story about a city helpline that doesn't help you. Basically, the number you are supposed to call says they are too busy and to call again later, then it hangs up on you. Here is the problem: our lawyers say we can't use the recorded voice saying "We are experiencing high call volume. Please call again later." The lawyers say that it would be against the law to air the recorded voice on the help line. They won't even let us use the horrible Kenny G music that you must listen to when you are on hold on the helpline.

We are in a single consent state, meaning only one side of a phone call needs to consent to being recorded. I understand NOT airing an answering machine of someone you are doing a story on, but a tax funded help line?!?

Has anyone else run into problems with this? Is it an FCC regulation about not airing single consent phone calls?

[anyonesguess]

I am a lawyer and see nothing wrong with it. We've done it before. Has your lawyer provided you with any legal reason not do it?

[amp]

No not yet. I have a feeling that they miss understood the question we were asking. They may have thought we were wanting to air an answering machine message from a private individual. Airing that could be construde as invasion of privacy, but airing a recording from a city help line crosses no legal or moral lines in my opinion.

[Dick Shun]

It's not a law, but an FCC regulation. You are legally allowed (under wiretap statutes) to record any phone call if you are a party to the call and you are located in a one-party consent state. Broadcasting the contents of the call, however, is restricted by FCC regulations unless ALL parties to the call are aware of, and consent to, the recording.

The part that has always befuddled me is why a computer-generated voice message like the one described above is considered a "party" at all. It is my understanding that if you're calling the DMV, for example, you'd need the DMV's consent to broadcast a standard, computer-generated hold message (or hold music). The person or organization you are calling is considered a "party" to the call once the call is received, even if you don't talk to a living person.

That said, I can't imagine a government agency filing an FCC complaint against you for broadcasting its hold music. So, it's your ND's call whether to take the risk.