ESPN accused of 'willfully' violating emergency alert system rules in 2023 NBA promos --[Reported by Umva mag]

The Federal Communications Commission (FCC) proposed a fine of $146,976 against ESPN Thursday over the company’s alleged improper use of the emergency alert system (EAS).

The FCC accused ESPN of violating the emergency alert system six times, starting Oct. 20, 2023. 

The agency said ESPN transmitted or caused the transmittance of emergency alert system codes "during a promotional segment for the start of the 2023-2024 NBA season."

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"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 said.

The agency said it received complaints of ESPN improperly using the tones or a simulation of the tones during a promotion last year.

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The FCC said 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."

The agency said it was used six times between Oct. 20-24, 2023.

The company declined to comment on the issue, according to Reuters.

"Transmitting EAS Tones in the absence of an actual emergency is not a game," FCC Enforcement Bureau Chief Loyaan A. Egal said in a news release. "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."

ESPN was previously fined in 2015 and 2021 for emergency alert system violations.

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