The FCC has proposed a $146,976 fine against ESPN Inc. for six apparent violations of Emergency Alert System (EAS) rules. The violations stem from ESPN’s unauthorized use of EAS codes during a promotional segment for the 2023-2024 NBA season. The FCC alleges that ESPN willfully and repeatedly transmitted the EAS tones without proper authorization, in violation of Section 11.45(a) of the Commission’s rules.

The violations occurred when ESPN included portions of EAS Attention Signals in a promotional spot, which aired on two ESPN-owned networks a total of six times between October 20 and October 24, 2023. The use of EAS tones for non-emergency purposes is strictly prohibited, as it can undermine the system’s integrity and potentially desensitize the public to real alerts. The FCC expressed concern that misuse of EAS tones could lead to “alert fatigue,” causing the public to ignore or question whether an alert is a genuine emergency.

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

ESPN has acknowledged responsibility, admitting that the promo spot contained portions of the EAS attention signals without a permitted use, such as an actual emergency or authorized test. ESPN has a history of noncompliance with EAS regulations, having been fined for similar violations in 2015 and 2021. This prior record was a factor in determining the proposed fine.

The FCC’s Notice of Apparent Liability for Forfeiture (NAL) is not a final ruling. ESPN will have an opportunity to respond with evidence or legal arguments before any further action is taken to resolve the case.

The FCC stressed that unauthorized use of EAS codes poses a substantial threat to public safety, as it can interfere with legitimate emergency communications or spread false information.