Most NBA fans tend to ignore or get annoyed by ESPN's promotional segments while trying to enjoy some live TV. Yet many may not know they might have witnessed an infringement of the law, maybe even more than once.
Alarms are frequently used during sports games to signal the end of a quarter, a win, or to hype up the crowd. They are used so often that it would be a bit strange if they were to be completely removed.
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However, certain alarm sounds are prohibited from being used for anything other than actual emergencies, which is why rules and regulations have been established to ensure that alert system tones are not misused.
The U.S. Federal Communications Commission, more commonly known as the FCC, regulates interstate and international communications, including radio, television, wire, satellite, and cable, across the U.S.
This commission implements and enforces America’s communications laws and regulations.
The FCC proposes a fine against ESPN for violating its rule
On Thursday, the FCC announced it had proposed a $146,976 fine against ESPN, a Walt Disney-owned network, for improperly transmitting emergency alert system tones.
ESPN (DIS) acknowledged it had played these emergency alert tones six times from Oct. 20 to 24, 2023, on two of ESPN's networks during the promotional segments for the 2023-2024 NBA season.
Due to the multiple infringements, the FCC fined the company the maximum amount possible.
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The transmission of this alert tone violates the FCC's section 11.45(a) broadcasting rules since these sounds are not allowed to be transmitted for any purpose other than for official notifications to avoid confusion in case of an emergency.
“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,” Egal added.
A common FCC violation that ESPN and multiple networks have committed
This is not the first time ESPN has violated FCC rules.
The FCC first fined ESPN $280,000 in 2015 and then $20,000 in 2021 for failing to comply with the same rule.
Using emergency alert tones in broadcasts seems to be a reoccurring trend among networks, as others have also failed to comply with the FCC rule.
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ABC, another Disney network, was fined $395,000 in 2019 for using alert tones during an episode of the show "Jimmy Kimmel Live!"
AMC Networks (AMCX) also failed to comply with this regulation and was fined $104,000 in 2019 for using alert tones during an episode of "The Walking Dead."
That same year, Discovery, a channel owned by Warner Bros. (WBD) , was fined $68,000 for using alert tones during an episode of Animal Planet's "Lone Star Law."
ESPN declined our request for comment, and the FCC redirected us to the press release.
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