Most NBA viewers often find themselves ignoring or getting frustrated by ESPN’s promotional segments during live broadcasts. However, they may be unaware that these segments could occasionally involve a breach of regulations.
Alarms are a customary presence in sports events, used to denote the end of a quarter, signal a victory, or energize fans. Their frequent use is so ingrained that their complete removal would seem unusual.
However, specific alarm sounds are restricted for use solely in genuine emergencies, underscoring the importance of regulations to prevent misuse of alert system tones. The U.S. Federal Communications Commission (FCC) is the body responsible for overseeing interstate and international communications, encompassing radio, television, wire, satellite, and cable in the United States. This commission is tasked with the implementation and enforcement of the nation’s communication laws and regulations.
On a recent Thursday, the FCC announced a proposed fine of $146,976 against ESPN, owned by Walt Disney, for the unauthorized transmission of emergency alert system tones. ESPN admitted to having played these tones six times between October 20 and 24, 2023, on two of its networks as part of the promotional efforts for the 2023-2024 NBA season. Given the repeated infractions, the FCC imposed the maximum possible penalty on the company.
The broadcasting of these alert tones breaches the FCC’s section 11.45(a) rules, which stipulate that such sounds should only be used for official alerts to prevent miscommunication in emergencies. Loyaan A. Egal, Chief of the FCC Enforcement Bureau, emphasized the public safety concern, stressing that improper transmission of EAS tones can lead to confusion and disrupt legitimate emergency operations. Egal reiterated the FCC’s dedication to ensuring that broadcasting tools intended for public assistance during emergencies are used appropriately.
This incident is not the first instance of ESPN violating FCC guidelines. The FCC had previously fined ESPN $280,000 in 2015 and $20,000 in 2021 for similar rule violations. This misuse of emergency alert tones is a recurring issue, with other networks also failing to adhere to FCC rules.
ABC, another Disney-affiliated network, faced a $395,000 fine in 2019 for using alert tones on “Jimmy Kimmel Live!”. Additionally, AMC Networks was fined $104,000 in the same year for similar lapses during an episode of “The Walking Dead”. That year, Discovery, owned by Warner Bros, incurred a $68,000 fine for using alert tones in an episode of Animal Planet’s “Lone Star Law”.
ESPN has not commented on the matter, and the FCC directed inquiries to its press release.
