Re: Ad Council spot with EAS tones in it.

 
From: "W2XJ" <w2xj@PROTECTED>
In-Reply-To: Ad Council spot with EAS tones in it.
Date: May 31st 2013
Today the FCC's Public Safety and Homeland Security Bureau granted a limited waiver of Section 11.45 of the Commission's rules to allow the broadcast or transmission of a simulated Wireless Emergency Alert (WEA) Attention Signal in public service announcements (PSAs) developed by the Federal Emergency Management Agency (FEMA) as part of a campaign designed to educate the public about the WEA system.

This limited waiver is granted for a period of one year, and is conditioned on the PSAs presenting the WEA Attention Signal in a non-misleading manner-that is, in a manner that does not mislead the listening or viewing public into erroneously concluding that an actual emergency message is being transmitted.

The order also can be found on the Commission's web site at:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-13-1301A1.docx
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-13-1301A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-13-1301A1.txt

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On May 31, 2013, at 12:55 PM, "Jeff Smith" <jeffsmith@PROTECTED> wrote:

 

All

 

Please confirm that your stations have not added this PSA as a filler, as this could be an issue.

 

 

New Ad Council spot includes illegal use of the EAS tone

 

The Ad Council has distributed PSAs titled "Wireless Alerts - Sounds in your life" - these spots include an EAS tone.  This use of an EAS tone can result in an FCC fine per the following regulation:

<image001.jpg>§ 11.45   Prohibition of 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. Broadcast station licensees should also refer to § 73.1217 of this chapter.

 

 

 

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