The Federal Communications Commission has put ESPN on alert by proposing the maximum penalty after it accused the sports network of “apparently willfully and repeatedly” violating rules prohibiting using emergency alert system sounds. The proposed fine, issued on Oct. 17, of $146,976 is for six alleged violations.
The FCC said ESPN used the EAS tones in October 2023 to promote the start of the new NBA season “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.
“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.”
The FCC said ESPN has a history of violating the EAS rules. The network was fined $280,000 in 2015 for airing the trailer to the film “Olympus has Fallen” which had EAS tones and $20,000 in 2021 for rebroadcasting an installment of its “30 for 30” documentary series which used emergency alert sounds.
Those past violations, the commission said, 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 $395,000 for using the EAS tones in a “Jimmy Kimmel Live!” skit on a 2018 episode.
AMC Networks was fined over $104,000 after an alert tone was used in an episode of “The Walking Dead.” Discovery paid a $68,000 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 reeducate its personnel” regarding the FCC’s EAS rules. ESPN has less than 30 days now to pay the maximum penalty amount or the network can respond with a counter of its own.
