[EAS] Joplin

[Bill Ruck]

At 08:50 AM 5/24/2011, you wrote:
>Dave--
>If you can get your state SECC to agree to it, there's nothing preventing
>you from making a certain event code mandatory for broadcasters to carry in
>your state. There is precedent. Some states have made AMBER Alerts
>mandatory. However, the SECC has no enforcement powers and there's no
>precedent on whether the FCC will actually enforce a "mandatory" code in the
>local rules. But, there could be a liability issue for a station that did
>not carry a state plan mandatory code if there were injuries and deaths or
>at the very least, a lot of questions and finger-pointing.
>Adrienne

Please cite the FCC Rule section that allows any state or local 
government entity to make any code mandatory.

The FCC is prohibited by the Comm Act from censorship and this 
applies in the positive, too.  The only way that the President can do 
this is by signing a "finding" each year giving him -- and only him 
-- the authority to do this.  And if someone challenged the authority 
in court it likely will be thrown out.

Remember "The broadcasters in your area in VOLUNTARY cooperation with 
state and local governments ... "

Bill Ruck
San Francisco