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

[Ralph Beaver]

Very well stated, Richard.

I hope others reading this list can appreciate the depth of knowledge 
you offer to this group.

Beaver



At 11:28 AM 9/20/2009, you wrote:

>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, <mailto:A9xw at cs.com>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" 

>><<mailto:warren.shulz at citcomm.com>warren.shulz at citcomm.com>

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

>>To: <<mailto:a9XW at cs.com>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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