FCC proposes $146,976 fine for ESPN's improper use of emergency alert tones

Oct. 17 (UPI) -- ESPN improperly used Emergency Alert System tones to draw attention to pending NBA broadcasts in 2023 and should be fined $146,976, the Federal Communications Commission announced Thursday.

The FCC says ESPN used EAS tones six times in October 2023 at the start of the NBA season when no emergencies existed, no authorized tests of the EAS occurred or in advance of a qualified public service announcement.

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"These types of violations can raise substantial public safety concerns by causing confusion and in some cases interfering with legitimate emergency uses," FCC Enforcement Bureau Chief Loyann Egal said Thursday in a news release.

Egal said the "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."

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The alleged violations of EAS tones by ESPN aren't the sports network's first, which partly is why the FCC has proposed the fine.

FCC rules prohibit the transmission of, or causing the transmission of, false or deceptive EAS codes or the EAS attention signal.

Unauthorized use of the tones or attention signal "undermines the integrity and effectiveness of the EAS and is a substantial threat to public safety," the FCC says.

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The FCC received complaints on Oct. 20, 2023, after ESPN transmitted or simulated EAS tones several times during a sports-related promotion.

The agency says ESPN aired the offending promo spot six times from Oct. 20-24 on two of its networks and confirmed it developed, produced and transmitted the promo spot after receiving a letter of inquiry from the FCC's Enforcement Bureau.

The proposed fine is the maximum allowed for the six claimed violations.

FCC officials said ESPN has a history of non-compliance and was fined in 2015 and 2021 for EAS violations.

The prior history of offenses prompted the FCC to propose a maximum fine for the alleged 2023 offenses.