Jax TV Station Fined $55K For Airing EAS Tones In Promo

The Federal Communications Commission today announced a settlement with TEGNA for false broadcast of Emergency Alert System (EAS) tones by its Jacksonville, Florida television station, WTLV.

Unauthorized use of EAS tones undermine the system’s effectiveness by desensitizing the public to the tones’ association with life-saving information and public safety announcements.

In August of last year, the station made four broadcasts of simulated EAS tones contained within an advertisement for the Jacksonville Jaguars of the National Football League. To settle the investigation, the company has agreed to pay a $55,000 fine, admits to misuse of EAS tones, and will implement a compliance and reporting plan to avoid such actions in the future.

The FCC received a complaint on August 9, 2016, alleging that WTLV had “aired a commercial multiple times that improperly used the EAS data burst and tone.” The FCC’s Enforcement Bureau investigated and found that the advertisement opened with EAS tones accompanied by the sounds of howling winds and thunder claps. Between the EAS tones and the sounds of a storm, a voiceover stated: “This is an emergency broadcast transmission. This is not a test. This is an emergency broadcast transmission. This is not a test. Please remain calm. Seek shelter.” The promotion closes with EAS tones playing in the background.

Federal law prohibits the transmission of actual or simulated EAS tones in circumstances other than an actual emergency, authorized test, or certain public service announcements.

Unauthorized use of EAS tones undermine the system’s effectiveness by desensitizing the public to the tones’ association with life-saving information and public safety announcements, and under certain circumstances, may generate additional false alerts.

The promotion aired four times over three days, from August 6 through August 8, 2016. After seeing a broadcast of the advertisement, a WTLV staff member halted further airings and contacted station management.