iHeartMedia WSIX-FM Nashville personality Bobby Bones used an EAS tone in violation of FCC rules while commenting on the 2014 World Series, and via the magic of syndication, the infraction was shared by more than 70 additional stations.
The multi-state mistake will cost iHeart a civil penalty of $1,000,000.
“The public counts on EAS tones to alert them to real emergencies,” said Travis LeBlanc, Chief of the FCC’s Enforcement Bureau. “Misuse of the emergency alert system jeopardizes the nation’s public safety, falsely alarms the public, and undermines confidence in the emergency alert system.”
According to the FCC, an EAS alert occurred during the broadcast of a World Series game, and Bones used a recording of the tone during his program.
In addition to the fine, iHeart must initiate a compliance plan, is put on reporting conditions and must remove any EAS tones, real or simulated, from all of its production libraries.
The FCC reported that this is but the latest of a rash of EAS violations that have been punished recently.
“In the last six months, the Commission has taken five enforcement actions totaling nearly $2.5 million for misuse of EAS tones by broadcasters and cable networks. In January 2015, the Commission fined Viacom and ESPN $1.4 million for misusing EAS tones in promotional advertisements for the movie Olympus Has Fallen. Also in that month, the Enforcement Bureau entered into a $20,000 settlement to resolve Univision Local Media, Inc.’s misuse of EAS tones at WXNY-FM, New York. In December 2014, the Bureau fined Pathfinder Communications Corp. $46,000 after the company aired an EAS Attention Signal in an advertisement. Additionally in December 2014, the Bureau issued a citation to SM Radio Productions, Inc., after the company transmitted an EAS tone as part of a commercial promoting a comedy tour.”
