FCC Fines Univision $20K Over EAS Tones

The FCC has resolved an investigation into Univision Spanish Top40 WXNY 96.3 FM /X 96.3) in New York City use of fake EAS tones during the Luis Jimenez morning show in January, 2014.

Under a settlement, WXNY agreed to pay $20,000 for misuse of EAS tones outside an emergency. Univision will also implement a comprehensive three-year compliance and reporting plan for WXNY as well as all of Univision's radio stations.

"The American public relies on the emergency alert system to inform them of real emergencies," said Enforcement Bureau Chief Travis LeBlanc. "Misuse of the emergency alert system desensitizes the public to the importance of the tones and poses a serious danger to the nation's public safety, whether those tones are transmitted with programming that is in English, Spanish, or any other language."

WXNY 96.3 FM (6 Kw) Red=60dBu Coverage Area

The Enforcement Bureau had investigated a complaint from a New Jersey resident who heard EAS tones during morning show's comedy sketch, which played the tones and repeatedly broadcast the tones, even after they acknowledged to the listening public that doing so was illegal.

The EAS is the national public warning system that requires broadcasters, cable television operators and others to provide a method for authorities to address the public during a national or local emergency. The FCC has long prohibited the transmission of actual or simulated EAS tones in circumstances other than a real alert or an authorized test.