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FCC Proposes Fine for ESPN for False EAS Tone


As we have noted numerous times, do not broadcast an EAS tone unless there is an emergency or part of an authorized test. The FCC just fined ESPN $146 thousand dollars for running a tone as part of an NBA promotional campaign. According to the Commission:

“We propose a penalty of $146,976, the statutory maximum for six apparent violations by a Federal Communications Commission (Commission or FCC) regulatee, against ESPN, Inc. (ESPN) for apparently willfully and repeatedly violating the FCC’s rules that prohibit the transmission of, or causing the transmission of, false or deceptive emergency alert system (EAS) codes or the EAS Attention Signal, or simulations thereof (together, EAS Tones). On October 20, 2023, October 23, 2023, and October 24, 2023, ESPN apparently transmitted, or caused the transmission of, EAS codes during a promotional segment (Promo Spot) concerning the start of the 2023-2024 National Basketball Association (NBA) season in the absence of any actual emergency, authorized test of the EAS, or qualified public service announcement (PSA).”

Remember, the FCC will fine stations for broadcasting false tones, including false tones contained in nationally distributed content.

 

You can see the FCC decision here.

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