[SBE] Fwd: FW: LP1 KWVE fined for EAS error

[Fluker, Steve (CXR-Orlando)]

The problem that Warren stated about a SAGE unit is real.  It's caused
by a failing "wall-wart" power supply.  When an alert is sending and the
printer starts up, that extra load on the supply causes the SAGE to shut
down and reboot.  The alert begins, but then there is no EOM.
Apparently that could warrant a $ 5,000 fine now too?  In this day and
age where we have unattended operation, an LP station may just be
relaying an emergency message from NOAA, or the State and not even know
the unit failed until the engineer inspects the print-out or another
station calls to let them know.

 

I agree that this fine is setting the stage for stations who volunteered
to be LP stations to pull out, or to limit relays to RMT or EAN messages
only.  This does not serve the public, but does protect the station
owner.  It's hard enough to find stations willing to volunteer.  I
really hope this decision can be reversed.  The station in our area that
is our main LP1 has taken EAS serious and does an incredible job with
it.  He is willing to send all emergency messages and not just the major
events or required relays.  I'm sure he's concerned and I would hate to
see him pull out.  I have the second LP1 and one of the LP2's here in my
cluster of radio stations.

 

Steve

 

Steve Fluker

Director of Engineering

Cox Radio, Orlando

321-281-2037

 

From: sbe-bounces at sbe.org [mailto:sbe-bounces at sbe.org] On Behalf Of
Richard Rudman
Sent: Sunday, September 20, 2009 11:28 AM
To: sbe member discussion mail list
Cc: BFITPC at aol.com
Subject: Re: [SBE] Fwd: FW: LP1 KWVE fined for EAS error

 

Some of you have heard me say this before, but it bears repeating now.

 

Broadcasting is a conduit to get emergency messages to the public, NOT
an originator. The legal duty to warn, not to mention the authority to
warn, does not lie in the broadcast community.

 

The legal duty for issuing emergency warnings rests with those charged
with agencies managing emergencies or agencies that develop information
that should lead to the public taking appropriate protective action.

 

This covers everything from AMBER to tornados.

 

There is nothing written in Part 11 that brings together those who do
have the legal if not moral duty to warn with broadcasters who relay
warnings to the public. 

 

Where EAS has not worked, leading to comments that Warren and Henry
make, local emergency management and local broadcasters have never come
together to make that connection work. Failures to make EAS work have
occurred on each side as well as in tandem. We have countering examples
of where EAS does work where that connection has been made by productive
and honest effort from both sides.

 

Nailing an LP station with a fine for omitting an EOM goes over the
line.

 

RMT origination should always be done from warning centers. Period.

 

We can only hope that SBE's efforts working with FEMA and the FCC will
bring about constructive change that will bring warning message
originators and disseminators together. A big part of this process
should be the elimination of the LP distribution model. Warning
originators should put in systems that get warnings in tandem to all
broadcast entry points. SBE calls these distribution methods Local Relay
Networks (LRN's). NOAA NWS/NWR has done this for years. There may have
to be exceptions to elimination of LP relays based on coverage and
reception problems, but the LP model just perpetuates the "daisy chain"
we all thought we got rid of when we went from EBS to EAS. 

 

One other point. In my opinion CAP-enhanced EAS can and should result in
turning radio receivers and video set top boxes into warning appliances
that could address many problems, including the "3 AM and everyone's
asleep" issue, and make it unnecessary for stations from doing what I
consider to be useless RWT's. 

 

We know enough now about what works to tell those in charge what to fix,
and how to fix it. Simply throwing up our collective hands about
warnings is wrong, and flies in the face of what our profession is all
about -- identifying problems and suggesting solutions. 

 

Richard Rudman

 

On Sep 20, 2009, at 7:25 AM, A9xw at cs.com wrote:





I've said EAS should be eliminated. Here is another example courtesy of
the IL LP 
SBE should denounce the EAS system and stop support. 

Henry Ruhwiedel 

From: "Warren Shulz" <warren.shulz at citcomm.com>

Date: September 19, 2009 12:49:30 AM PDT

To: <a9XW at cs.com>

Subject: FW: LP1 KWVE fined for EAS error



If this is true I can't see anyone wanting to step up to a LP EAS
status.  This is a nail in EAS' coffin.  The FCC will not touch state
plans.  If my 33 LP IL stations decide to take a hike the linking
process over broadcast is done.  No state wide RMT, no monitor
assignments except NOAA.  

May be that would be a good thing.  Then the FCC could step in and fine
all stations for failure to monitor and transmit RMT.  

Every day I agree with your comment letter.  Remove Part 11 from the
rules.  Let NOAA take over the Presidental Alert requirement.  Receipt
of the NOAA RWT is proof of performance. 







>From Radio Ink  9/18/09



EAS Test Errors Lead To $5,000 NAL

September 17, 2009: The FCC's Enforcement Bureau has issued an $5,000
notice of apparent liability to Calvary Chapel of Costa Mesa for EAS
errors at its KWVE/San Clemente, CA. 

The FCC sent a letter of inquiry to the station after receiving a
complaint that commercial programming and an advertisement had been
transmitted in an EAS test message. The station responded that an
employee mistakenly transmitted an unauthorized required monthly test
instead of a scheduled weekly EAS test, then failed to transmit the
end-of-message code, so other programming and the ad were retransmitted
by other broadcasters in the area. 

The FCC first notes that the test was not conducted as required in the
EAS Operating Handbook and, although it says it doesn't appear that the
EAS signal was misused to draw attention to the advertisement and other
content, has proposed a $5,000 forfeiture for the procedural errors.



If this story is a reward for being a LP I think those who read this NAL
are going to think long and hard about continued  volunteer duty as a LP
station.  Make a human error and it can cost the owner a $5k  forfeiture
for being a volunteer LP station! This could collapse state plans that
use LP stations to a non-existing EAS plan.   This really puts the LP
station operator in a bind for a human error event. Getting a station to
accept a LP assignment is going to get a step more difficult.  I tell my
state LP stations do only what's required and don't volunteer anything
beyond what is not in regulatory requirements.  But this event takes it
over the top.  With  industry wide staff reductions training has had to
suffer.  Fining station owners for operator error  for inadvertent
action does not improve the system.  

I know of a event at an  Ohio LP station where the Sage EAS unit
malfunctioned during  a planned RMT.   LP station sent RMT planned test
and SAGE went into re-boot and the LP station could not close the test
lacking a way to send the EOM data.  All stations were re-broadcasting
LP station audio until the down stream timed out or the operators
disconnected.  Stuff happens.  Hitting operators with fines does not
make it better.  No matter how much you train operators things happen.

We had the inadvertent June 26, 2007  EAN test propagate thought IL from
a FEMA closed circuit test that took down the entire state.  That was a
far more serious event and many stations ended up re-broadcasting
monitor assignments until they could power down the EAS uint.  As you
know the EAN code has no time out limit.  

Should  the FCC  fine FEMA $500,000 for interrupting all Illinois
broadcast and cable operations with this human error?  Recall this EAN
test was sent 3 times in  a few minutes.    Shouldn't the person(s)
causing the error be fined or imprisoned?  From what I am aware the
event  was a good intention to test and the closed circuit test leaked
out.  Again stuff happens.  lessons were learned and we move on.

I keep yelling we have a Presidential alert system  at the ready for 58
years that has been untested.   Congress should fine the FEMA/FCC for
failure to comply with a Presidential Executive Order by a $1-million
budget forfeiture to these agencies for failure to perform.  Who holds
these agencies accountable?

If I were the owner of KWVE my first action would be to resign LP1
status. 2nd is fire the operator.  And 3rd put the EAS in automatic
unattened mode so this could not occur again and hope the FCC backs down
the fine.  If the story is true so much for being a good volunteer.  

Keeping  state plans operational is now going to get one step harder.

Warren Shulz

IL EAS SECC


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