State Broadcast Associations Appeal KWVE EAS Fine to FCC

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State Broadcast Associations Appeal KWVE EAS Fine to FCC

Oct 9, 2009 11:04 AM

Washington - Oct 8, 2009 -A long list of state broadcast associations sent a joint letter to all five FCC commissioners to protest the recent $5,000 fine levied against KWVE in San Clemente, CA. The letter urges the FCC to "give serious consideration to setting aside, on its own motion, the proposed $5,000 forfeiture against KWVE (FM),...and consider, if it must, only admonishing the station." The group says the change in approach is necessary to serve the public interest.

The fine was levied after the station transmitted a required monthly test but failed to include the end-of-message tones. The station operator aborted the accidental test midway though, which caused the error. The audio within the accidental test contained advertising material, which was then carried on the stations that received and aired the test.

The letter to the FCC notes that KWVE serves as the LP-1 for its area voluntarily. The FCC calls the violation a willful violation of FCC Rules.

The letter states:

The State Associations are very concerned that the action of the FCC to impose a substantial fine on KWVE (FM), in these circumstances, will deter current LP stations from continuing to voluntarily participate in the EAS network of stations, as well as deter newcomer stations from volunteering in the future to become LP stations.

Given the "daisy chain" architecture of EAS, LP stations are indispensable communications links between PEP stations on the one hand, and local primary stations and cable systems in a given operational area on the other hand. The loss of a single LP station puts a state's EAS plan into non-compliance. If multiple LP's give up their "volunteer" role in an operational area, that area would be in non-compliance, the "daisy chain" would be broken, and there would be a disconnect between Presidential and Gubernatorial EAS alerts for that area. In short, the loss of LP stations pose serious risks to our nation, our states and our local communities.

The list of signatories is extensive and includes what appears to be every state and territory in the group:
Alabama Broadcasters Association
Alaska Broadcasters Association
Arizona Broadcasters Association
Arkansas Broadcasters Association
California Broadcasters Association
Colorado Broadcasters Association
Connecticut Broadcasters Association
Florida Association of Broadcasters
Georgia Association of Broadcasters
Hawaii Association of Broadcasters
Idaho State Broadcasters Association
Illinois Broadcasters Association
Indiana Broadcasters Association
Iowa Broadcasters Association
Kansas Association of Broadcasters
Kentucky Broadcasters Association
Louisiana Association of Broadcasters
Maine Association of Broadcasters
MD/DC/DE Broadcasters Association
Massachusetts Broadcasters Association
Michigan Association of Broadcasters
Minnesota Broadcasters Association
Mississippi Association of Broadcasters
Missouri Broadcasters Association
Montana Broadcasters Association
Nebraska Broadcasters Association
Nevada Broadcasters Association
New Hampshire Association of Broadcasters
New Jersey Broadcasters Association
New Mexico Broadcasters Association
The New York State Broadcasters Association
North Carolina Association of Broadcasters
North Dakota Broadcasters Association
Ohio Association of Broadcasters
Oklahoma Association of Broadcasters
Oregon Association of Broadcasters
Pennsylvania Association of Broadcasters
Radio Broadcasters Association of Puerto Rico
Rhode Island Broadcasters Association
South Carolina Broadcasters Association
South Dakota Broadcasters Association
Tennessee Association of Broadcasters
Texas Association of Broadcasters
Utah Broadcasters Association
Vermont Association of Broadcasters
Virginia Association of Broadcasters
Washington State Association of Broadcasters
West Virginia Broadcasters Association
Wisconsin Broadcasters Association
Wyoming Association of Broadcasters

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