Can I broadcast a telephone conversation over the airwaves?

In general, broadcasting a telephone conversation over the airwaves without the consent of all parties involved may raise legal and ethical concerns. Many jurisdictions have laws related to wiretapping, privacy, and consent that apply to such situations. It’s essential to consider the legal implications and obtain consent from all parties before broadcasting any private conversations. Always consult with legal professionals to ensure compliance with the relevant laws and regulations in your jurisdiction.

To address this question, we need to examine both the FCC Rules and state law.

As outlined in §73.1206 of the FCC Rules (which is also applicable to LPFM stations), consent from the other party is generally required before recording a conversation for broadcast or transmitting it live over the air. An exception exists when it’s evident that the conversation will be broadcast, such as in call-in shows.

However, initiating a live call on air is prohibited. If you intend to bring someone on air via a call, it’s necessary to first contact them off the air, secure their permission to broadcast the call, and then proceed with the on-air conversation. Instances have arisen where stations faced fines for “on-air dialing out” without the recipient’s awareness of being broadcast as they answered the call. Furthermore, fines have been imposed on stations that recorded prank calls and aired them without the consent of the called party.

Moreover, specific states require consent from both parties involved for recording, regardless of whether the call is intended for broadcast or not:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• Oregon
• Pennsylvania
• Vermont
• Washington

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