ESPN Accused of ‘Willfully’ Violating Emergency Alert System Rules in NBA Promo

The Federal Communications Commission (FCC) is charging ESPN with willful violation of the emergency alert system (EAS) not once, not twice, but six times between October 20 and 24, 2023.

The commission has proposed a fine of $146,976 for the alleged infractions.

“In the promo spot, ESPN apparently willfully and repeatedly violated section 11.45(a) of the Commission’s rules, which prohibits transmitting or causing the transmission of the EAS codes or EAS Attention Signal, or simulations thereof (together EAS Tones), in the absence of an actual emergency, authorized test of the EAS, or a qualified public service announcement,” the FCC claimed.

The FCC’s action against the cable sports network follows multiple complaints from viewers who reported that ESPN improperly used the tones or a simulation of the tones during a promotion last year.

Moreover, the FCC says 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 has two previous fines for manipulating the EAS, in 2015 and again in 2021.

“Transmitting EAS Tones in the absence of an actual emergency is not a game,” said Loyaan A. Egal, FCC Bureau Chief. “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.”