[sbe-eas] Required things to relay [was Chilling Effect]

[Art Botterell]

Section 11.21(a) says this about State EAS plans:

"The State plan must specify how state-level and geographically targeted EAS messages initiated by a state governor or his/her designee will be transmitted to all EAS Participants who provide services in the state, and must include specific and detailed information describing how such messages will be aggregated, designated as mandatory, and delivered to EAS Participants."

So it's maybe a bit indirect, but an inference might be that stations that "provide services" in multiple states would likewise be subject to any must-carry provisions in any of those states' plans.  I don't see anything in the rules that suggests any other criterion.

Of course I could be wrong.  Bottom line, it sounds like the development of state plans is about to get a bit more interesting.

- Art


On Feb 17, 2010, at 2/17/10 1:15 PM, Gary Timm wrote:


> MY whole issue is concerning you must carry "the Governor's message" - which Governor - if I am on a state border or two, is it the Governor of my City of License, any of the three Governor's in my primary service area?  This is not clarified.  Yes you can and probably will accept messages from all three Governors at your own choosing, but which Governor MUST I carry?

> Gary Timm

> 

> ________________________________

> 

> From: sbe-eas-bounces at sbe.org on behalf of Art Botterell

> Sent: Wed 2/17/2010 2:10 PM

> To: SBE EAS Exchange - a mail list for discussion about the Emergency AlertSystem and other emergency communication issues.

> Subject: Re: [sbe-eas] Required things to relay [was Chilling Effect]

> 

> 

> 

> As for the suggestion that the gubernatorial must-carry is limited to alerts received in CAP form, that would make perfect sense, but I'm not sure the FCC actually went that far.  Section 11.55(a) says:

> 

> "All EAS Participants within a state (excepting SDARs and DBS providers) must receive and transmit state-level and geographically targeted EAS messages, as aggregated and delivered by the state governor or his/her designee, or by FEMA on behalf of such state governor, upon approval by the Commission of an applicable state plan providing for delivery of such alerts no sooner than 180 days after adoption of CAP by FEMA."

> 

> That doesn't actually seem to prohibit an SECC from applying the must-carry requirement to alerts received in analog form, just so long as they don't do it before the CAP shot-clock is started and runs out.  (Of course I have no idea how such an "analog must-carry" requirement would be implemented, and I'm certainly not recommending it.) 

> 

> On the other hand, it seems like the requirement might arguably apply only to alerts received via a state relay network (i.e., "delivered by the state governor")... but that's just one reading and, again, it appears to be up to the state plans to interpret that.

> 

> Note also that the qualification is that the message must be "aggregated and delivered" by the governor or designee, but not necessarily originated by those worthies. 

> 

> Bottom line is that there'll be no gubernatorial must-carry until a state plan says so.

> 

> - Art

> 

> 

> 

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