[EAS] Compulsory carriage of EAS messages is unconstitutional

[Mike McCarthy]

John,

One thing to keep in mind is everything being discussed concerns
operations under a FCC license. Such license is permitted by statute and
is in many ways the same as a divers license. When you apply for the
drivers license, the applicant agrees to abide by rules and regulations
created for that service as a licensee. Such as insurance requirements,
vehicle tagging, and obeying the rules of the road.

The same is true of any business which pays sales taxes in a given
jurisdiction.  Business license applications includes a waiver for the AHJ
collecting the sales tax to audit a given business's books to verify the
taxes being paid are accurate and truthful. One could argue a 4th
Amendment violation there...but nope. The business willfully and without
duress agreed to the condition.

When a broadcaster or cable operator applies for and receives their FCC
license, they must do the same and waive certain "rights" which would be
afforded them in a completely unregulated environment. Such is the trade
off obtaining the privilege to operate the radio station. And one of those
is Part 11.

So...bottom line is....what you have referenced in your posts is not
applicable in this context.  While it is true the NAB opposes mandatory
EAS forwarding of anything more than the EAN, NPT and RMT, they oppose it
for reasons other than a 1st Amendment basis. Some of which I happen to
agree.

More over, the FCC did in fact impose editorial prescriptions and
acertainment until the mid-80s when they voluntarily changed the rules in
it's history making deregulation. And IMHO could re-enact them (along with
the Fairness Doctrine) and pass a constitutional challenge.  If you were
in the business in the 70's, you would recall it was an onerous mandate
every licensee dreaded going into license renewal.

MM

On Sun, August 28, 2016 6:01 pm, John Willkie wrote:
>
> The NAB represents first amendment "voices" and has been quite consistent
> on first amendment issues for longer than any of us have been alive.
> This is a feature of the NAB; its insistence that EAS be optional is not
> a bug or aberration.
>