part 15'ers are narrowcasters
Letter of the law to one side, I suggest that we gain nothing by being the only guys on the band who would air calls without permission under some immunity blanket of "the rules dont apply here". In spite of some creative legal spin-names explored here to differentiate us from the commercial baddies down the dial, we are just another radio station to our living breathing audience -- we are received the same way on the same equipment, we talk and play music, and the expectation is the same: >Click< - Entertain me now! That is the basic mantra of any radio audience.
Whether or not there is crossover between Parts 73 and 15, we should hold ourselves to the standards now in play, if we purport to be the "Community's Radio Station". Do it right, do it legal, be brilliant and don't p{$$ anyone off.
You know.. I didn't realize how many film portrayals of Hunter S. Thompson there were until I happened to catch a Bill Murray movie where he plays the great writer.
http://www.imdb.com/search/text?realm=title&field=plot&q=hunter%20s.%20thompson
Granted, some of these are talk shows or what have you.. but Depp has some unhealthly interest in Gonzo...
Notions of "serving the audience" are very subjective, and in most cases amount to serving ourself.
If we play oldies from spring 1962, it is usuallly because we like oldies from that period and convince ourselves that it's good for the audience.
By the way, I'm responding mostly to the ideas put forth by Annondale.
We do assume a legal responsibility by broadcasting on the dials, and are wise to become aware of what rules apply to our particular brand of operation. Asking if the "Rules That Apply to All Broadcasters" (Part 73) apply to Part 15 stations is a question worth asking.
As for broadcasting telephone conversations without notifying the caller, I see at least one case where it would be useful... I have wanted for a long time to record and broadcast calls from telemarketers, people who do not have my permission to call me, and people who, in my opinion are trespassing on my private time and space. Such calls could only work to expose the solicitors tactics and methods if the caller was unaware of the recording or broadcast.
mir: Depp knew HST personally.
WDCX was correct in asking, "What does Part 73 have to do with Part 15?"
Except for the exception I noted above, 73.14 AM Broadcast Definitions, defines AM Broadcast Station as, "A broadcast station LICENSED for the dissemination of radio communication intended to be received by the public..."
Since Part 15 radio is not licensed, in the sense meant by 73.14, we are not subject to the Part 73 Section of the rules.
Robert kc8gpb was sort of right when he said that airing phone calls without the consent of all parties violated federal wiretapping law. As a matter of fact Rule 15.9 lays it out...
15.9 - Prohibition Against Eavesdropping - "Except for the operations of law enforcement officers conducted under lawful authority, no person shall use, either directly or indirectly, a device operated persuant to the provisions of this part for the purpose of overhearing or recording the private conversations of others unless such use is authorized by all of the parties engaged in the conversation."
That tells me that I cannot legally intercept and broadcast phone calls from telemarketers unless I reveal that a broadcast is taking place.