ESPN is facing a hefty fine from the Federal Communications Commission (FCC) for inappropriately using Emergency Alert System (EAS) tones in a promotional segment. The FCC announced today a proposed fine of $146,976 against ESPN, Inc. for six apparent violations of EAS rules.

The violations stem from a promotional spot for the 2023-2024 NBA season, where ESPN allegedly incorporated EAS codes, or simulations thereof, multiple times. The FCC emphasizes that such unauthorized use of EAS tones poses a significant threat to public safety.

"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."

The FCC argues that misusing EAS tones can lead to "alert fatigue," desensitizing the public to these critical warnings and potentially causing them to ignore real emergencies. Additionally, the misuse of EAS codes can trigger false activations of the EAS system, spreading misinformation and hindering legitimate emergency alerts.

ESPN admitted to developing and airing the promo spot containing the EAS tones six times across two of its networks. The FCC has proposed the maximum statutory forfeiture for these violations, citing ESPN's history of noncompliance with EAS rules, including fines in 2015 and 2021 for similar violations.

This proposed fine, issued in a Notice of Apparent Liability for Forfeiture (NAL), outlines the alleged violations and the proposed penalty. It is not a final decision. ESPN will have the opportunity to respond to the allegations, and the FCC will consider all evidence and arguments before making a final determination.

This action underscores the FCC's commitment to safeguarding the integrity of the Emergency Alert System and ensuring that it remains a reliable tool for public safety during real emergencies.