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FCC Upholds WSKQ/New York $16,000 Fine Over Call


The FCC has upheld a $16,000 fine against SBS-owned Tropical WSKQ-FM/New York for recording and airing a phone conversation without giving prior notice to the individual being called of the intention to do so. To compound matters, WSKQ aired the call at issue twice.

The complaint allege that station personnel prank-called a woman claiming to be employees of a local hospital and told her that her husband's and daughter's dead bodies were at the hospital. After the call recipient became hysterical, station personnel told the call recipient that the call was a prank.

WSKQ admits that it had contracted with a vendor, "Rubin Ithier," who initiated the call broadcast and that the call was made at the call recipient's sister's request on July 19, 2007. In response, the SBS outlet admits that Ithier did not inform the call recipient that the call was being recorded for later broadcast.

The Commission ruled that the call's origination and recording by an independent contractor, rather than the stations themselves, did not exculpate WSKQ from liability.

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