[BC] EAS alert tones in movie preview ad

[Cowboy]

On Tuesday 09 November 2010 10:13:25 am Barry Mishkind wrote:
> I believe there is an issue there in that it devalues the attention signal
> as to its importance - already a problem in many ways,  especially when
> stations do their weekly test by just running the data bursts and nothing
> else.

 Though I've not heard it, from the conversation may I assume that what's
 being transmitted is a data burst, or simulation thereof, both of which
 are explicitly illegal ?

 Or is it the attention signal ?

 The attention signal itself, after Jan 1, 1998 is explicitly allowed as
 an audio only attention getter, may not be used to trigger equipment,
 and is not required as part of any EAS message or test.

 If what's transmitted is the attention signal, the shortened or full length
 two-tone attention signal, then a sharp lawyer could argue that the rules
 specifically define this as an audio attention getter, but DO NOT limit its
 use to an EAS alert, test, or message !!
 Further, I could argue that even if it does appear to be the attention 
signal,
 that if the two tones are not within 1 db of each other, or either contains
 distortion above the statutory limit, or if either one alone modulates
 the transmitter at anything less than the required 40%, then it is, in fact,
 NOT the attention signal, and perfectly legal under any circumstances.
 Although perfectly legal, I would argue that it DOES devalue their use, and I
 could argue that EBS precedent prohibits their use outside of an EAS
 activation, but it would take a judge to rule with my argument.

 As already pointed out, any simulation of the duck-farts, which is NOT an
 attention signal of any kind under the rules, is already illegal.


-- 
Cowboy