Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes:
- National Cable Sports Network Draws Proposed Fine of $146,976 for Transmitting False EAS Tones
- For-Profit Arrangement Lands Michigan Noncommercial Radio Station in Hot Regulatory Water
- California LPFM Station Agrees to $9,000 Consent Decree for Numerous Rule Violations
FCC Proposes $146,976 Fine Against National Cable Sports Network for Transmitting False EAS Tones
The Federal Communications Commission issued a Notice of Apparent Liability for Forfeiture (NAL) to a cable sports network for violating the Commission’s Emergency Alert System (EAS) rules. Specifically, the NAL alleged violations of Section 11.45 of the FCC’s Rules, which prohibits the transmission of false or deceptive EAS tones.
The EAS is a nationwide public warning system designed to alert the public in case of emergencies, such as severe weather warnings or AMBER alerts. To maintain the effectiveness of such emergency alerts, EAS tones may only be aired for specific uses, such as actual emergencies, authorized tests, and qualified public service announcements (PSAs). Section 11.45 strictly prohibits airing an EAS tone, or simulations of it, except in connection with these permitted uses. The FCC takes false EAS tone violations particularly seriously, asserting that violations desensitize the public to legitimate EAS alerts.
In October 2023, the FCC received complaints alleging a cable network had transmitted EAS tones during a sports promotional video. In January 2024, the Commission’s Enforcement Bureau sent a Letter of Inquiry requesting information about the incident. The network responded, providing video recordings of the sports-related promo video that had aired for three days and admitting that it contained an EAS tone. While the network argued the promo video contained fewer than two seconds of EAS tone, it did acknowledge that the tone was not aired in connection with an actual emergency, authorized test, qualified PSA, or other permitted use. The network also acknowledged that the promo video aired six times over three days on two different networks.
Based on the network’s admissions and the FCC’s review of the video, the FCC found six apparent violations of Section 11.45 of the Commission’s Rules. The FCC noted that while the two-second duration was shorter than a full EAS tone, it was long enough for viewers to recognize the sound as an EAS tone.