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Reviewing the FCC Rules – Relocating EAS Equipment
There was a strange ruling by the Commission last week. It involved a group of radio stations asking for a waiver from having an operational EAS unit in place at all times.
The stations ask for the waiver for approximately a couple of hours to move their EAS units to their new studio location. The FCC approved some of the stations waiver but denied two because they did not give the date the units would be moved.
David Oxenford reported in his news blog, the Bureau explained in its recent decisions that Section 11.35(b) provides only for the continued operation of EAS Participants without further FCC action when EAS equipment becomes “defective.”
In each of the recent cases, the Bureau found that the EAS equipment was not defective (i.e., the equipment itself became unable to exercise its monitoring or transmission functions), but that was in good operating condition and being taken offline only so that it can be relocated.
According to these decisions, and apparently a few cases decided before that were cited in these decisions, simply removing EAS equipment from operation does not make it defective for purposes of Section 11.35(b).
So, if you have plans to relocate your EAS device and notify the Commission, make sure to supply compete information concerning dates and file early to give them time to review the request.
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