An EAS tone was broadcast on a SiriusXM channel 12/4/13, not as a warning but as part of a commercial. The blame was pinned on a program producer who supplied the audio to the satcaster.
In case there was any doubt, the FCC action demonstrates that EAS is a concern to more than just AM and FM radio operators.
The producer, SM Radio Productions, in turn pinned the blame on the producer of the spot, but acknowledged that it heard and approved the content.
The EAS tone was part of a promo for “The Sexy Liberal Comedy Tour” featuring Stephanie Miller. The spot aired on her show on SiriusXM, and the complainant that kicked off the disciplinary action was a listener.
The duration of the tone was one and a half seconds. The FCC said, “An SM Radio employee reviewed the Promotion before inserting it into the Program, acting under the mistaken belief that the EAS Tone in the Promotion was an outdated tone associated with the precursor to the EAS, and too brief to be of concern.”
Although SiriusXM is ultimately responsible for all programming that goes out over its service, the FCC limited its punishment to SM, and it was gentle. SM received a citation – the FCC equivalent of a driver guilty of a traffic infraction getting off with a warning – along with the promise of sterner results if the episode is repeated, including the possibility of an $8,000 fine.
