ESPN’s promos for the 2023-24 NBA season might end up being more expensive than expected.
The Federal Communications Commission announced Thursday it was proposing a maximum fine of $146,976 against the network for six apparent violations of Emergency Alert System (EAS) rules. Specifically, ESPN is accused of transmitting or causing the transmission of EAS codes during a promotional segment for the start of last season.
ESPN, a subsidiary of Disney (market cap: $175 billion), declined comment when contacted by Variety.
The FCC claimed ESPN “apparently willfully and repeatedly violated section 11.45(a) of the Commission’s rules,” specifically warning that excessive alerts could cause “alert fatigue.” While presenting it as a serious violation, the agency had a little fun with the announcement on social media:
Penalty! ESPN faces a proposed FCC fine for using an emergency alert tone in a promo ad. Using this tone is out of bounds – it’s a public safety hazard to confuse or desensitize viewers to actual emergency alerts. As the refs for these important systems, we made the call.
— The FCC (@FCC) October 17, 2024
From the FCC’s announcement:
“Transmitting EAS Tones in the absence of an actual emergency is not a game,” said FCC Enforcement Bureau Chief Loyaan A. Egal. “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 says it received complaints about ESPN transmitting or simulating EAS tones, which ESPN admitted to doing six times on the dates of Oct. 20-24, 2023. It also claims ESPN has “a history of noncompliance with the Commission’s EAS rule,” with violations in 2015 and 2021, which affected the size of the fine.
ESPN will now receive an opportunity to respond the FCC’s claims and proposed fine before the agency makes a final decision.
