American Public Media and Southern California Public Radio, two entities within noncommercial giant Minnesota Public Radio (MPR), have agreed to settle a matter in which Emergency Alert System tones inadvertently aired across nearly 550 broadcast radio stations during a program provided by the BBC.
The consent decree involves a “voluntary contribution” of a sizable dollar figure to the U.S. Treasury.
The agreement with Enforcement Bureau Acting Chief Patrick Webre resolves a matter in which APMG on May 24, 2023, violated section 11.45 of the Commission’s rules by transmitting (or causing to be transmitted) EAS Tones during an episode of the program BBC Witness History entitled “Chasing the World’s Biggest Tornado.”
While the program aired globally through the BBC World Service, the tones are simply tones outside of the U.S. Here, airing the emergency tones in any way — even when airing a program produced and distributed by a foreign entity — is a strict no-no.
And, in this case, 46 stations under the MPR or SCPR banner and 500 affiliated stations aired the program. in response to a FCC inquiry, APM acknowledged that the BBC supplied the episode through a blanket distribution agreement; it did not take culpability for the action, as it was not their own — even though every licensee is responsible for what goes out on their radio station, regardless of who produces the show.
To close the matter, APM will make out a check to the U.S. Treasury in the amount of $86,400 — a particularly damning payment, given the end of Corporation for Public Broadcasting funding for public media stations.
