Broadcasters are not allowed to use the Emergency Alert System tones for anything that is not associated with the system. FOX is learning that the hard way as the FCC has taken exception to a promo for FOX’s NFL coverage that aired on FOX Sports Radio stations, including the network’s SiriusXM channel.
The FCC is proposing a fine of $504,000 on the network. It published the notice of apparent liability and forfeiture on Tuesday.
The promotion in question is a spot that was made from a television commercial promoting the NFL on FOX. The EAS tones only appear in the radio version of the ad, which aired in November of 2021.
That violates an internal FOX policy that “forbids using EAS tones in promotions and on-air segments, with no nexus to an actual emergency or system test.” Still, the FCC claims the audio would have gone through post-production checks and been approved before airing.
According to the FCC, FOX self-reported the spot in an email to the organization. Still, it doesn’t seem like that is buying the network much goodwill. Self-reporting a violation of the EAS tones is mandatory.
In its notice of apparent liability and forfeiture, the FCC proposes that FOX pay $144,000 for the promo running on 18 Fox-owned TV stations, and another $360,000 for broadcasting the promo on over 190 Fox-affiliated TV stations, the Fox Sports Radio network, and the Fox Sports SiriusXM channel.
Radio Ink reached out to FOX for comment. Representatives for the network did not respond.
