The Federal Communications Commission (FCC) has taken action against ESPN, proposing a $146,976 fine for alleged willful violations of the emergency alert system (EAS) rules. The violations occurred six times between October 20 and 24, 2023, according to the FCC.
The commission claims that ESPN used the EAS tones or a simulation of the tones in a promotional spot, which is prohibited by FCC rules. The rules state that EAS codes or EAS Attention Signals, or simulations thereof, can only be transmitted in the absence of an actual emergency, authorized test of the EAS, or a qualified public service announcement.
The FCC received multiple complaints from viewers who reported that ESPN improperly used the EAS tones during a promotion last year. ESPN subsequently confirmed that it developed, produced, and transmitted the promo spot, and admitted to transmitting a portion of the EAS attention signals as part of the promo spot in the absence of a permitted use.
This is not the first time ESPN has faced fines for manipulating the EAS. The cable sports network has previously been penalized in 2015 and again in 2021. The FCC has emphasized the importance of proper use of the EAS, stating that transmitting EAS tones in the absence of an actual emergency can raise substantial public safety concerns by causing confusion and interfering with legitimate emergency uses.
The FCC’s Bureau Chief, Loyaan A. Egal, has emphasized the commission’s commitment to keeping the lines clear for emergency uses. “Transmitting EAS Tones in the absence of an actual emergency is not a game,” Egal said. “These types of violations can have serious consequences, and the FCC will continue to take enforcement action to ensure that broadcasters use these tools responsibly.”
