ESPN Faces FCC Fine for ‘Willful’ Violations of Emergency Alert System Rules, Agency Says

ESPN “apparently willfully and repeatedly” violated FCC rules concerning the Emergency Alert System in an NBA promo spot last year, the commission said Thursday.

The FCC announced a proposed fine of $146,976 against ESPN for six apparent violations of the Emergency Alert System rules. According to the agency, ESPN transmitted (or caused the transmission of) EAS codes during a promotional segment for the start of the 2023-2024 NBA season at least six times “in the absence of an actual emergency, authorized test of the EAS, or a qualified public service announcement.”

Reps for Disney-owned ESPN did not immediately respond to a request for comment.

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“Transmitting EAS Tones in the absence of an actual emergency is not a game,” FCC Enforcement Bureau chief Loyaan A. Egal said in a statement. “These types of violations can raise substantial public safety concerns by causing confusion and in some cases interfering with legitimate emergency uses. Today’s proposed fine reflects the FCC’s commitment to keep the lines clear when it comes to the proper use of tools broadcasters are entrusted with to assist the public during an emergency.”

On October 20, 2023, the commission received complaints alleging that ESPN transmitted the EAS Tones, or a simulation thereof, multiple times during a sports-related promotion. In response to the FCC Enforcement Bureau’s Letter of Inquiry, ESPN confirmed that it developed, produced, and transmitted the promo spot, and admits that for each use, ESPN transmitted a portion of the EAS attention signals as part of the promo spot in the absence of a permitted use, such as an actual emergency or authorized test of the EAS. ESPN acknowledged that it transmitted the promo spot a total of six times during October 20-24, 2023, on two ESPN-owned networks. The Commission found that ESPN improperly transmitted EAS codes in apparent violation of the FCC’s EAS rules a total of six times. The FCC proposes a statutory maximum forfeiture of $146,976 for these six apparent violations. ESPN has a history of noncompliance with the Commission’s EAS rules and was fined in 2015 and 2021 for EAS violations. This prior history was a significant factor in determining the proposed forfeiture in this case.