[EAS] GMC Continued

[Bill Ruck]

There is one other fly in the GMC soup.

I am not a lawyer but was advised by one that has extensive 
experience in FCC law.

The FCC is prohibited by the Communications Act of 1934 from 
censorship.  This goes both ways -- the FCC may not prohibit 
something in advance (and that is why they lost with the Seven Deadly 
Words) nor may the FCC require something to be broadcast.

The president gets around this by signing a finding each year that 
gives him the authority to mandate his messages on EBS and now 
EAS.  It is possible that if the president ever used it one may file 
suit against this action because it violates federal law.

So exactly how in this context can the FCC mandate the carriage of any message?

Remember the words "In voluntary cooperation with state and local agencies..."?

Bill Ruck
Curmudgeon
NCFCC