[EAS] Pizza Pizza Alert

[Ed Czarnecki]

Refer back to FCC Enforcement Advisory 2013-7.  It's pretty darn clear:
"Any transmission, including broadcast, of the EAS Attention Signal or
codes, or a simulation of them, under any circumstances other than a genuine
alert or an authorized test of the EAS system violates federal law and
undermines the important public safety protections the EAS provides."

There would seem to be no question of "how close is too close" - they are
saying it is against Federal law to even simulate the EAS attention signal
or tones.  The only exception is where the FCC grants a limited waiver for
producing PSAs, and then the codes/tones to be used must be non-functional,
and must be in the well-defined context of educating the public about EAS.

It might not matter that they are fake tones, or that someone says "pizza
pizza" over them.  The thing to be concerned about is whether such tones
would be a simulation of EAS tones that were transmitted outside of an EAS
test or genuine alert.  Seems pretty black and white to me.

See https://apps.fcc.gov/edocs_public/attachmatch/DA-13-2123A1_Rcd.pdf 

-----Original Message-----
From: EAS [mailto:eas-bounces at radiolists.net] On Behalf Of Dave Kline

As I recall, it's not about the specification of tones that will get you
hammered.
The problem arises when you are airing something that may be mistaken by the
public as some sort of actual alert.

That being said using three tones, none of which are included in the two