[SBE] LP1 KWVE fined for EAS error

[Cowboy]

On Monday 21 September 2009 02:51 pm, Barry Mishkind wrote:

>  I keep wondering what else there could be to this story. It was a 

>  "test" after all, and ...  Tests fail.

>  Is there any evidence that they regularly failed in just this way? 

>  Otherwise, as Steve points out, there is no incentive for stations to 

>  do more than the absolute legal minimum.


 Quite true !
 *IF* stations are to be punitively fined for tests that fail, this goes
 so far as to remove incentive to perform tests.

 This is one time a good lawyer is needed, to illustrate the lunacy
 of the scenario. Perhaps this is the point the issuing officer is
 trying to make, yet leaving it to the station to persue ?

 If this fine stands by any means, it could be argued that this precedent
 requires stations to put themselves in harm's way. There has to
 be an argument that this isn't constitutional.

 Further, if a piece of equipment fails an equipment test, how can it
 be reasonably argued that the end user is legally responsible, absent
 evidence that the end user could have reasonably known the equipment
 would fail, and neglegently proceeded anyway ?

 There are so many holes in this whole scenario, I could go on almost
 forever !

 This is clearly a ball NAB should run with, IMHO.
 ( though I'm almost certain they won't )

-- 
Cowboy

http://cowboys.homeip.net

To find out a girl's faults, praise her to her girl friends.
		-- Benjamin Franklin