[EAS] ipawsnonweather question

[Sean Donelan]

Based on transcripts of some Congressional hearings in the 1950s, as best 
I can tell the National Association of Broadcasters and the Federal 
Communications Commission decided a court fight would not end well for 
either of them.

Instead both agreed on a legal fiction of broadcasters "voluntary 
cooperation" and the commission would not revoke licenses for not serving 
"the public interest."

At a hearing, Commissioner Lee summed it up as (paraphrased) "We 
dont' have the authority to order broadcasters what to say, but the 
commission does have the authority to shutdown any radio transmitter" 
during the CONELRAD days.

EBS and EAS continued that "voluntary cooperation" legal fiction.

Despite sniping for decades, neither the NAB or FCC seem willing to push 
that legal fiction too far.

But you never know when a catastophe will hit, and Congress starts passing 
laws. The Cable Act of 1992 extended EBS/EAS to cable after a serious of 
tornado deaths in several towns where the local cable systems did not 
broadcast emergency warnings on all channels.

Although not a result of Hurricane Katrina, that fresh catastophe helped 
pass the W.A.R.N. act, and pushed CMAS on cell companies and IPAWS on 
everyone else.

Cellular companies and cable companies might try the 1st Amendment "you 
can't make us tell people about emergencies."  But they usually decide 
that would make them look foolish, and like the NAB in the 1950s adopt the 
"voluntary cooperation" mantra.

On Wed, 1 Aug 2018, Mike McCarthy wrote:
> I would welcome witnessing the proceeding should someone decide to
> challenge the premise of compulsory EAS.
>
> Be careful of what you wish. If the SCOTUS upholds the statutory authority
> for the FCC to compel carriage of any message type, the FCC could crack
> the whip and very easily compel us to carry any number of message types
> beyond federal. Or reimpose the Fairness Doctrine.
>
> Improbable....yes. Unlikely...yes. Possible...again...yes.