One reader decided to share with us a letter originally written to attorney David Oxendine of Shaw Pittman concerning the possible new rules requiring broadcasters to record, maintain and provide potentially self-incriminating tapes.

Dave:

Since you're spearheading some of these comments, thought I'd share a few of mine with you concerning the proposed rule making by the FCC to record programs and hold them for 60 or 90 days.

I was always led to believe in our legal system, that you're innocent until proven guilty. Shouldn't it be the accuser/procecutor's role to prove guilt? Isn't that the way our system is suppose to work? This is a legal system turned upside down! I fought for a year and one half to prove my innocence in my Elko, Nevada station (and won), but the FCC asked for very LITTLE from the accuser, and everything from me! Fortunately, I keep excellent records, but many don't.

If a DJ/newstalk host is vulgar, they will be that way consistantly. Therefore, a listener has ample time to record a show themselves. It's easy with today's inexpensive equipment to record a show for a couple of hours on a boom box; but for 16 hours and to save them for 90 days, places an undue burden and expense to a small broadcaster. Let the accuser prove guilt. And, why would a broadcaster turn in a tape to incriminate himself? Only a small fraction of a percentage of people would do that (they're not as honest as me). The tape would be lost, broken, or have that infamous blank space! The FCC needs to get real. Put a real broadcaster on the commission.

In addition to this proposed bogus rulemaking, the Enforcement Bureau can't even begin to keep up with what they have! This will mangle things up even longer!

The better solution would be this: (1) the burden of proof is on the accuser; (2) the broadcaster will co-operate by instructing listeners on how to comment, to whom and have those specific procedures available in their public file, whereby a copy can be made for them. But the thought of the majority of broadcasters "turning themselves in" with "saved" recordings is ridiculous. And the thought of the already slow and tedious workings of the Enforcement Bureau taking on even more is just as absurd.

As for fining stations. Fine the person who made the statement, not the broadcaster!!! That will cut down on indecency in a hurry!! As an former owner for 22 years, I am fed up with babysitting staff and being responsible for everything they do and say. Let them be responsible for themselves and their own big mouths! Watch "indecency" disappear rapidly, when the talk show hosts have to but THEIR money were their mouth is!

Dale A. Ganske
Hawkeye Radio Properties, Inc.