
The FCC is proposing a fine of over half a million dollars against Fox Corporation and related entities for violating the Emergency Alert System (EAS) rules. According to the FCC, Fox transmitted a three-second excerpt of the EAS tones, which was downloaded from the Internet, during an NFL program. The tones were broadcast on 18 of Fox’s owned-and-operated television stations, 190 affiliated television stations, Fox Sports Radio, and the Fox Sports channel on Sirius XM. The FCC applied a significant “upward adjustment” to the fine because, according to the FCC, the segment was a self-promotion by an established broadcast licensee that should have been familiar with the EAS rules.
Section 11.45(a) of the FCC’s rules prohibits broadcasters from using EAS tones or signals, or simulations thereof, in any circumstance other than in an actual emergency, EAS test, or in extremely limited circumstances, a public service announcement. Other uses of EAS tones or signals in any manner – including on-air promotions or “bits” – is a rule violation and can result in hefty fines. In recent years, the FCC has been very active in pursuing enforcement actions against stations that violate the EAS rules, and has issued numerous advisories about proper – and improper – use of the EAS tones.
If you have questions about EAS compliance, please contact an attorney in the Media practice group.
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