I was under the impression that as long as the transmission was one of direct benefit to the ham community at large, it was not considered broadcasting in the usual sense. Hence, you have W1AW & the other news caster org.
I don't know that short duration control tones are illegal provided they don't interfere or last for more than a certain time frame & the intention of sending the control tones was for the direct benefit of the Ham & non-ham community. I could be wrong, I've never been much on rules & regs being the bit of a scofflaw that I am.
