WASHINGTON—The FCC has proposed a fine of $146,976 against ESPN, the statutory maximum the agency can impose for violating emergency alert system rules.
The FCC said ESPN violated the rules when it aired a promo for the start of the 2023-24 NBA season on the ESPN network and companion network ESPN 2 that included EAS tones.
After receiving complaints on Oct. 20, 2023, the agency opened an investigation. During that probe, ESPN provided video recordings of the Oct. 20, 23 and 24 airings of the spot that included the tones. ESPN confirmed that the promo aired six times overall.
In its decision to propose the fines, the FCC said “the nature of EAS violations requires particularly serious consideration because, among other issues, such violations undermine the integrity of the EAS by desensitizing the public to the potential importance of warning tones. EAS violations therefore implicate substantial public safety concerns.”
In justifying the fines, the FCC also noted that ESPN had a history of violating EAS rules.
In 2021, the FCC Enforcement Bureau issued a $20,000 fine against ESPN for “willfully violating the Commission’s rules that prohibit the transmission of false or deceptive emergency alert system” tones during a program.
The FCC said the violation occurred during the airing documentary "30 for 30: Roll Tide/War Eagle" on Oct. 20, 2020. After receiving a complaint about the broadcast of the tones on Oct. 27, 2020, the FCC started an investigation and notified ESPN.
In a March 21, 2021 response, ESPN admitted the tones were broadcast during “Roll Tide/War Eagle,” but said they were part of a depiction of tornadoes on April 27, 2011, “for storytelling purposes" during the documentary.
“In calculating the appropriate forfeiture, we also consider ESPN’s past compliance record,” the FCC said in its Oct. 17 Notice of Apparent Liability for Forfeiture. “ESPN has a history of noncompliance with respect to section 11.45 of the Commission’s rules. In 2015, ESPN paid a $280,000 forfeiture for violations of section 325(a) of the Act and section 11.45 of the Commission’s rules when it transmitted EAS Tones in the absence of a Permitted Use.”
In addition, “in 2021, ESPN paid a $20,000 forfeiture for violation of section 11.45 of the Commission’s rules when it transmitted EAS Tones in the absence of a Permitted Use,’ the FCC said. “We find ESPN’s prior history of EAS violations to be a significant factor to consider in determining the proposed forfeiture in this case.”
ESPN has 30 days to pay the fine or file an objection to the decision with the FCC. An ESPN spokesperson declined comment on the matter.
The full FCC ruling can be found here.
