In August, the Entertainment Sports Programming Network known as ESPN received a proposed fine from the FCC in the amount of $20,000 for its use of an emergency alert system (EAS) code during a documentary it aired in October 2020 as part of its popular 30 for 30 series.
It now appears FOX Television Stations, and perhaps all of its affiliates, may be liable for a similar violation — one tied to a somewhat mysterious “NFL EMERGENCY ALERT” supporting the Philadelphia Eagles pro football club.
What did FOX do? As first shared with RBR+TVBR by radio industry programming veteran Randy Kabrich, a “FOX :45” promotional message with the familiar FOX | NFL logo aired as a seemingly national advertisement.
For three full seconds, the familiar EAS tones can be heard at the start of what is billed as a “FOX NFL EMERGENCY ALERT.” A full-screen message appearing in white text also alerts viewers to the “emergency alert,” with attention specifically directed toward NFC East teams and fans.
What’s the “alert”? “The Philadelphia Eagles are back.” It then goes on to taunt the fans, and teams, in the Eagles’ division by saying, “You may be in big trouble.”
Yet, FOX may be the party in big trouble, given what appears to be a blatant, textbook example of what not to do with respect to EAS tones.
And, how much trouble FOX could be in may be a record breaker. Video shared on YouTube of the spot appeared on Gray Television-owned WVUE-8 in New Orleans. Another viewer uploaded the spot after seeing it on DirecTV’s NFL RedZone channel. A third video was removed by the uploader as of Monday morning (11/29).
RBR+TVBR obtained footage from WNYW-5 in New York’s airing of the promotional announcement in context, which followed a FOX5 weather promo. Following the alert, a live camera shot of FOX NFL Sunday’s in-studio hosts, standing outside of FOX headquarters on the southwest corner of Sixth Avenue and West 48th Street in New York was broadcast. One of the hosts acknowledged the promotional announcement, saying, “We’ve got a few Eagles fans out here … they’re not that obnoxious.”
A video recording of the broadcast is too large to be shared on the RBR+TVBR website.
Among the first to comment on social media about the NFL Emergency Alert is Gary Fullhart, the longtime Market Director of Engineering and IT for iHeartMedia in Northwest Ohio. There, TEGNA-managed WUPW-36 in Toledo, licensed to American Spirit Media, is the FOX affiliate. Taking to Facebook, Fullhart at 1:17pm Eastern on Sunday asked a question in a Broadcast Engineers forum, “Did the Fox network really just run a promo for a ‘FOX NFL Emergency Alert’ that included EAS tones?” Fullhart suggested that the FCC level “a hefty fine” for each and every affiliate that aired it.
In the promo, a phone number is shown throughout: 1-FLY-EAGL-FLY. It was inoperable on Monday morning. Then, there is the website URL shown, http://www.foxnflemergencyalert.com. However, it appears to point to a website that is not owned by Fox, and features a “Let’s Go Brandon” logo and pro-Donald Trump images.
According to “Whois” data, the website was created on Sunday at 12:22pm Eastern, and is registered to goDaddy.com.
RBR+TVBR on Sunday shared via Twitter information regarding the “NFL Emergency Alert” with FCC Commissioner Brendan Carr and acting Chairwoman Jessica Rosenworcel. It its the FCC’s policy not to comment on any possible regulatory activity, including the possibility of a Notice of Apparent Liability for Forfeiture in this instance.
