FCC Proposes Fine Against ESPN Over Improper Usage Of Emergency Alert System Tones

The Federal Communications Commission has proposed a fine against ESPN for allegedly violating Emergency Alert System rules during a promotional segment for the 2023-2024 NBA season.

According to the FCC's Notice of Apparent Liability for Forfeiture (NAL), ESPN transmitted EAS tones six times without authorization. FCC officials say the violations occurred between October 20 and October 24, 2023, when ESPN aired the promotional spot featuring EAS codes across two of its networks.

The FCC has proposed a fine for the network, set at $146,976.

According to the FCC, rules regarding the Emergency Alert System strictly prohibit the transmission of EAS tones outside of actual emergencies, authorized tests, or qualified public service announcements.

The FCC says unauthorized use of the tones can lead to “alert fatigue,” causing the public to become desensitized and confused during real emergencies.

“Transmitting EAS tones in the absence of an actual emergency is not a game,” FCC Enforcement Bureau Chief Loyaan A. Egal said. “These types of violations can raise substantial public safety concerns by causing confusion and, in some cases, interfering with legitimate emergency uses.”

ESPN has since acknowledged the violations in its response to the FCC's inquiry, admitting that it used a portion of the EAS attention signals multiple times in the absence of an emergency.

The FCC said the network has a history of noncompliance with EAS rules, having been fined for similar violations in 2015 and 2021, which influenced the size of the current proposed fine.

The commission also said the NAL serves as a preliminary action, outlining the alleged violations and proposed penalties.

According to the FCC, ESPN will have an opportunity to respond, and the FCC will consider the network’s evidence and arguments before making a final decision.