ESPN faces a fine from the FCC for allegedly violating emergency warning rules

ESPN “apparently willfully and repeatedly” violated FCC rules regarding the emergency alert system in an NBA commercial last year, the commission said Thursday.

The FCC announced a proposed $146,976 fine against ESPN for six apparent violations of Emergency Alert System rules. According to the agency, ESPN transmitted (or caused to be transmitted) EAS codes six times during a promotional segment at the start of the 2023-2024 NBA season “without the existence of an actual emergency, an authorized test of the EAS, or a qualified person.” of the public service.”

Reached by diversityA spokesman for Disney-owned broadcaster ESPN declined to comment.

“Sending EAS tones in the absence of an actual emergency is not a game,” FCC Enforcement Bureau Chief Loyaan A. egal said in a statement. “Violations of this nature can cause significant 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 keeping the boundaries clear when it comes to the proper use of the instruments entrusted to broadcasters to help the public in an emergency.”

On October 20, 2023, the FCC received complaints alleging that ESPN broadcast the EAS tones “multiple times during a sports-related promotion.” ESPN confirmed in a response to the FCC Enforcement Bureau's request that it developed, produced and broadcast the promo spot and acknowledged that ESPN transmitted a portion of the EAS attention signals as part of the promo spot each time it was used no such existing was permitted use.

According to the FCC, ESPN confirmed that it aired the commercial a total of six times on two ESPN-owned networks from October 20-24, 2023.

“ESPN has a history of noncompliance with the Commission’s EAS rules and was fined for EAS violations in 2015 and 2021,” the FCC said Thursday. “This history was a significant factor in determining the proposed confiscation in this case.”