FCC Slaps Three With $1.9M Fine For Airing EAS Tones

The FCC has proposed levying $1.93 million in fines against Viacom, NBCUniversal and ESPN for airing commercial for the 2013movie “Olympus Has Fallen” that used the distinctive warning tone of the federal Emergency Alert System, according to Variety.

In announcing the proposed fine, the FCC noted that it has “long prohibited the transmission of actual or simulated EAS Attention Signals or tones in circumstances other than a real alert or an authorized test of the EAS system.” The goal is to protect the effectiveness of the alert in the event of a natural disaster or other dangerous situation.

By the FCC’s math, seven Viacom nets carried the spot 108 times in a five-day period early last year (the movie was released in March 2013), which adds up to a proposed fine of $1.12 million. Three ESPN outlets ran it 13 times over four days ($280,000), while NBCU outlets carried it 38 times over six days ($530,000).

The FCC’s notice of the proposed fine triggers a public comment period on the sanction.

As a result of the investigation, the FCC has issued an omnibus Notice of Apparent Liability for a total of $1,930,000 to the Companies:

• Seven Viacom-owned networks transmitted the advertisement a total of 108 times over five days, resulting in a proposed forfeiture of $1,120,000. 
• Three ESPN-owned networks transmitted the advertisement a total of 13 times over four days, resulting in a proposed forfeiture of $280,000. 
• Seven NBCUniversal-owned cable networks transmitted the advertisement a total of 38 times over a span of six days, resulting in a proposed forfeiture of $530,000.