[SBE] ARCO Commercial Trips EAS Units

[Dennis C. Brown]

  Yes, because the broadcaster is responsible for what he transmits.

Curt Brown

On 9/10/2010 10:09 AM, Brian Heise wrote:

> Would liability fall on the broadcast licensee/s rather than their 

> client (BP/Arco)?

> I am inclined to believe that the liability for this violation would 

> fall on the broadcast licensee/s.

>

> Brian Heise

> CSRE - CBNT - N0FOI

>

>

> ------------------------------------------------------------------------

> Date: Thu, 9 Sep 2010 19:47:02

> From: njpollock at comcast.net

> To: sbe at sbe.org

> Subject: Re: [SBE] ARCO Commercial Trips EAS Units

>

> Whooo Boy!  Need I say more???

>

> James W. Pollock, P.E.

> 216 Kingsley Court

> Mount Laurel, NJ 08054

> 856-722-5313(H)

> 609-217-4877(M)

>

> ----- Original Message -----

> From: "Holly Essex" <hessex at sbe.org>

> To: sbe at sbe.org

> Sent: Thursday, September 9, 2010 1:57:20 PM

> Subject: [SBE] ARCO Commercial Trips EAS Units

>

> Members of the SBE EAS Committee and participants in SBE's EAS 

> Exchange have identified a radio commercial being aired for the oil 

> company, ARCO, a subsidiary of BP, which uses simulated EAS header 

> tones at the front of the message. The message contains the spoken 

> phrase, "This is a test." and then the simulated eight second tone. It 

> has been reported that the header tones are played faster than 1100 

> baud but have tripped some EAS units monitoring stations that air the 

> commercial.

>

> Although the problem will only affect stations that both are being 

> monitored and play this specific commercial but the SBE recommends 

> stations check the affected commercial material. The existence

>

> of this audio may be considered an FCC violation.

>

> The decoded tones suggest that the message originates from the 

> Hillsboro, Manatee and Pasco counties of Florida, which are part of 

> the Tampa metropolitan area. The affect, however, is being heard

>

> nationwide.

>

> The commercial has been running frequently and does not trip every 

> time. One station reports that they have had five events. Their EAS 

> units unlock and this commercial is heard every time.

>

> FCC regulations prohibit false or deceptive EAS transmissions. No 

> person may transmit or cause  to transmit the EAS codes or Attention 

> Signal, or a recording or simulation thereof, in any circumstance

>

> other than in an actual National, State or Local Area emergency or 

> authorized test of the EAS.

>

> An MP3 of the commercial can be downloaded here 

> <http://www.sbe.org/Arco_Spot_with_EAS_header.mp3>.

>

> A further discussion of this event is occurring on the SBE EAS 

> Exchange <http://www.sbe.org/eas_exchange.php>. Click here to sign up 

> <http://seven.pairlist.net/mailman/listinfo/sbe-eas>.

>

> *Holly Essex*

>

> *Communications Manager*

>

> Society of Broadcast Engineers

>

> 9102 N. Meridian Street, Suite 150 ♦ Indianapolis, IN 46260

>

> ph: (317) 846-9000 ♦ fax: (317) 846-9120 ♦ www.sbe.org

>

>

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