FCC proposes fine for New York FM station after bogus death notice

source: wikimedia commonsA radio station that staged a prank call to a New York woman claiming that her husband had been badly hurt in a motorcycle accident, then died in a hospital, has received a proposed fine of $16,000 from the Federal Communications Commission.

Here’s an excerpt from the August 2007 exchange:

“Mr. Ithier: Juliana, oh, oh I’m so sorry he just died right now.
Call Recipient: (crying)
Mr. Ithier: I will, Juliana I want to ask you something. Just two or three questions
please. I can’t hear you.
Call Recipient: What?
Mr. Ithier: So this is for when you come here you don’t have to ask too many
questions when you identify him.
Call Recipient: No, no, I’m going over there right now.”

“Although we exercise discretion in this instance in not imposing a higher forfeiture, we warn the Licensee that future violations of this nature may result in harsher enforcement action, including license revocation proceedings,” the FCC told station WSKQ-FM in New York City (“La Mega 97.9″) on Friday.

As far as I’m concerned, the FCC should revoke WSKQ’s license now.  People have heart attacks on hearing news like this. What if she  had been on a mobile phone and had a car accident?

But WSKQ got dinged on a technicality, allegedly violating “the telephone broadcast rule.”  Section 73.1206 of the agency’s rules stipulate that, “before broadcasting or recording a telephone conversation for later broadcast, a licensee must inform any party to the call of its intention to broadcast the conversation.”

It gets even weirder:  the third party vendor (“Rubin Ithier”) who pulled this stunt in August of 2007 for the Spanish Broadcasting System owned station apparently did this at the husband’s request. No comment on that aspect of the story. The prank was broadcast on WSKQ twice, according to the FCC. Here’s a full transcript of the exchange.

Mr. Ithier: Can I speak with Ms. Juliana please?
Call Recipient: Who is this?
Mr. Ithier: The Doctor Raymond Martinez, I’m just calling from [bleeped out]
Hospital
Call Recipient: Aha? Yes Juliana
Mr. Ithier: Do you know anybody with the name Luis, Luis Miguel?
Call Recipient: Yes
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