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Indybay Feature

Radio Stations Forced to Air Political Ad as Part of Emergency Broadcast System Test

by Mara Williams
At 10:02 this morning, ), an unknown number of stations in the Sacramento area were electronically forced to broadcast a paid advertisement for the Richard “Dick” Mountjoy senate campaign. This message, along with an advertisement for HMS Capital Loans, was transmitted using the Federal Emergency Alert System (EAS). Audio of the broadcast can be heard at http://funkterminal.com/EAS%20transmission%2011-6-06.mp3 (around 1 min).
KDVS 90.3 FM
14 Lower Freeborn
One Shields Avenue
University Of California
Davis, CA 95616

Contact:
Edward Martinet
KDVS-FM General Manager
(530) 752-9902 (office)
(530) 400-5203 (mobile)
gm [at] kdvs.org

For immediate release:

Richard “Dick” Mountjoy political advertisement forced on California airwaves by use of the Emergency Alert System

At 10:02 a.m. pacific standard time this morning (Nov. 6, 2006), an unknown number of stations in the Sacramento area were electronically forced to broadcast a paid advertisement for the Richard “Dick” Mountjoy senate campaign. This message, along with an advertisement for HMS Capital Loans, was transmitted using the Federal Emergency Alert System (EAS).

Complete recording of the EAS broadcast from Nov. 6, 2006 at 10:02 a.m.

• Disaster warning system used to transmit advertisements
EAS (generally characterized by its signature tones and test disclaimer) is designed and exclusively used for rapid communication alerting areas to emergency situations (such as natural disasters). The content of these messages is strictly controlled by federal law for obvious reasons.

• Sacramento conservative talk radio station KFBK transmitted the initial message

KFBK 1530 AM in Sacramento is the Local Primary (LP) station designated to initiate the broadcast of EAS messages in several Northern California counties, including Yolo. This morning, KFBK initiated the required monthly test of EAS but failed to cease broadcasting via EAS upon the standard message of EAS conclusion (“This concludes this test of the Emergency Alert System”). Instead, they forced rebroadcast of the aforementioned advertisements, including the paid political advertisement.

• KFBK blames training error for the transmission
Upon contact by KDVS management, KFBK Operations Manager Alan Eisansom claimed station responsibility for the message broadcast assigning blame to some kind of nonspecific training snafu.

• Transmission is a clear violation of FCC regulations for both originator and re-transmitters

The happenings this morning regarding the EAS and KFBK are a clear violation of FCC statute, and in the opinion of KDVS, a serious ethical transgression. Moreover, EAS compliant non-commercial stations that received and re-transmitted this required weekly test inadvertently violated their FCC license by broadcasting one-sided paid advertisements.


Complete recording of the EAS broadcast from Nov. 6, 2006 at 10:02 a.m.:

http://funkterminal.com/EAS%20transmission%2011-6-06.mp3


Relevant sections quoted Emergency Alert System regulations on the GPO website:

§ 11.45 Prohibition of false or deceptive EAS transmissions.
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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.
§ 11.46 EAS public service announcements.
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Link to an amendment published at 70 FR 71034, Nov. 25, 2005.
Broadcast stations, cable systems and wireless cable systems may use Public Service Announcements or obtain commercial sponsors for announcements, infomercials, or programs explaining the EAS to the public. Such announcements and programs may not be a part of alerts or tests, and may not simulate or attempt to copy alert tones or codes.
[59 FR 67092, Dec. 28, 1994, as amended at 63 FR 29664, June 1, 1998]


The local LP station feeding KDVS-FM is KFBK 1530 AM from Sacramento and licensed by AMFM Broadcasting Licenses, LLC from Tulsa, OK (under Clear Channel Communications).

California directory of LP stations by county

FCC station information page for KFBK

Contact:

Edward Martinet
KDVS-FM General Manager
(530) 752-9902 (office)
(530) 400-5203 (mobile)
gm [at] kdvs.org



Add Your Comments

Comments (Hide Comments)
by None
Thanks for posting this. Definitely far beyond a user/training error.
nabbutto.gif
I work as a radio engineer in the valley and know
KFBK/ cheap channel has been screwing up the EAS since the floods
of 1997
many,MANY time the monthly test is not done correctly and the station
FORGETS to send the EOM ( END OF MESSAGE ) data busts
this data stops the digital recorders at every station down stream
and starts replay of the EAS 'message'
in the past we have heard the rush linbaugh show and also
local spots and dj banter...

kfbk is at the top of the food chain for passing on the EAS messages.
( as far south as Modesto )

the DJ on air should be kicked off the air for 30 days
every time!

the studio MUST be wired in a way that the DJ cant set the mixxer
so the EOM cant reach the air chain... ( bad engineering )
the test message should be 2 minutes long so the system will time out
quickly , if there is a misstake, this would also cut down on
non-eas programing getting into the EAS monthly test....

maybe if cheap channel didnt lay off all the old timers some one
would have a clue down there....


( this job should change to a localy owned and live 24/7 station )

with so many screw ups over the years it should be CLEAR
that CLEAR-channel/AM-FM will not do there job to warn
us over our public airwaves , when the big storm hits!

In Modesto the local EAS station KOSO b93.1 ( also cheap channel )
no longer runs a local monthly test with our sheriff or fire dept.
many time no test is run at all !!! ( yellow flag )

and worst , there station FAILS to run REAL ALERTS
many times over the last few years flash flood alerts
have NOT BEEN BROADCAST do to clear channel's lack
of planing, training , quest for profits...


revoke there license , revoke there corporate charter

inspect there public files every friday at 4:30pm

kick there salemen out of your local bizness's

we must take this power back from corporate control

learn more about local stations
http://www.netfeed.com/~jhill

learn more about corporate media.
http://www.partytown.com/cmp

leran more about how YOU can inspect a broadcaster 'public-file'
http://www.fair.org

support community radio!
brad
http://www.kqrp.com




by Broadcast Engineer
Hey KDVS...check with your engineer and you'll find that these kinds of EAS screwups are fairly common. Within the last month or two, the New Jersey PBS network did something similar and ended up sending two minutes of "Sesame Street" over half the radio stations in the state. There was no intention to do anything wrong.

If you're that worried about it, set your EAS receiver to "manual forward" and review the Required Monthly Tests before automatically rebroadcasting them...or don't you trust your OWN staff to follow the rules that carefully?
I live in North Carolina and It seemed odd to me that Scotland County was the only listed county receiving this test on the llist following the message stating; The following counties: SCOTLAND COUNTY Shouldn't other counties be listed as well? This message was caught on a recorded movie I was watching and this test will be taken weekly at 1:48 AM. Could someone please explain was is going on here?
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