FCC proposes max fine for ESPN airing emergency alert sounds

[CRAIG NIGRELLI]

THE FEDERAL COMMUNICATIONS COMMISSION HAS PUT ESPN ON ALERT.

THE FCC PROPOSING THE MAXIMUM PENALTY AFTER IT SAYS THE SPORTS NETWORK QUOTE “APPARENTLY WILLFULLY AND REPEATEDLY” VIOLATED ITS RULES PROHIBITING USING EMERGENCY ALERT SYSTEM SOUNDS.

THE PROPOSED FINE OF ONE HUNDRED FORTY SIX THOUSAND NINE HUNDRED SEVENTY SIX DOLLARS  – IS FOR SIX ALLEGED VIOLATIONS.

THE FCC SAYS ESPN USED THE EAS TONES IN OCTOBER 2023 TO PROMOTE THE START OF THE NEW NBA SEASON QUOTE “IN ABSENCE OF AN ACTUAL EMERGENCY, AUTHORIZED TEST OF THE EAS, OR A QUALIFIED SERVICE ANNOUNCEMENT.”

ESPN CONFIRMED TO THE FCC IT HAD USED A PORTION OF THE EMERGENCY ALERT SOUNDS FOR ITS NBA PROMOS.

IN A STATEMENT – THE FCC ENFORCEMENT BUREAU CHIEF SAID:

“Transmitting EAS Tones in the absence of an actual emergency is not a game. These types of violations can raise substantial public safety concerns by causing confusion and in some cases interfering with legitimate emergency uses.”

THE FCC SAYS ESPN HAS A HISTORY OF VIOLATING THE EAS RULES – FINED 280,000 DOLLARS IN 2015 FOR AIRING THE TRAILER TO THE FILM “OLYMPUS HAS FALLEN” WHICH HAD EAS TONES – AND —

20 THOUSAND DOLLARS IN 20-21 FOR REBROADCASTING AN INSTALLMENT OF ITS 30 FOR 30 DOCUMENTARY SERIES WHICH USED EMERGENCY ALERT SOUNDS.

THOSE PAST VIOLATIONS, THE COMMISSION SAYS, PLAYED A ROLE IN ITS MAX PENALTY PROPOSAL THIS TIME AROUND.

BUT ESPN IS NOT ALONE IN BEING PUT ON NOTICE BY THE FCC  —

IN 2019 – ABC WAS FINED 395 THOUSAND DOLLARS FOR USING THE EAS TONES IN A “JIMMY KIMMEL LIVE” SKIT ON A 2018 EPISODE

AMC NETWORKS WAS FINED OVER 100 THOUSAND DOLLARS AFTER AN ALERT TONE WAS USED IN AN EPISODE OF “THE WALKING DEAD.”

AND DISCOVERY PAID A 68 THOUSAND DOLLAR FINE AFTER AN ACTUAL EMERGENCY ALERT TONE WAS CAPTURED DURING THE RECORDING OF ANIMAL PLANET’S “LONE STAR LAW” AND KEPT IN THE BROADCAST.

ACCORDING TO THE FCC — ESPN TOLD THE COMMISSION IT IS REVISITING “ITS INTERNAL REVIEW PROCESSES AND REEDUCATING ITS PERSONNEL” REGARDING THE FCC’S EAS RULES. ESPN HAS LESS THAN 30 DAYS NOW TO PAY THE MAX PENALTY AMOUNT – OR THE NETWORK CAN RESPOND WITH A COUNTER OF ITS OWN.

FOR STRAIGHT ARROW NEWS, I’M CRAIG NIGRELLI.

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