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

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