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FCC Proposes $200,000 Penalty Against Turner in EAS Investigation

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Released: January 14, 2014

NEWS
Federal Communications Commission

News Media Information 202 / 418-0500

445 12th Street, S.W.

Internet: http://www.fcc.gov

Washington, D. C. 20554

TTY: 1-888-835-5322

This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action.
See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).

FOR IMMEDIATE RELEASE

:

NEWS MEDIA CONTACT

:
January 14, 2014
Mark Wigfield, 202-418-0253
E-mail: mark.wigfield@fcc.gov

FCC PROPOSES $200,000 PENALTY AGAINST TURNER FOR MISUSE OF THE

EMERGENCY ALERT SOUNDS

Enforcement Bureau Investigation of Consumer Complaints About Misuse of the EAS Sounds Leads

NEWS
Federal Communications Commission

News Media Information 202 / 418-0500

445 12th Street, S.W.

Internet: http://www.fcc.gov

Washington, D. C. 20554

TTY: 1-888-835-5322

This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action.
See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).

FOR IMMEDIATE RELEASE

:

NEWS MEDIA CONTACT

:
January 14, 2014
Mark Wigfield, 202-418-0253
E-mail: mark.wigfield@fcc.gov

FCC PROPOSES $200,000 PENALTY AGAINST TURNER FOR MISUSE OF THE

EMERGENCY ALERT SOUNDS

Enforcement Bureau Investigation of Consumer Complaints About Misuse of the EAS Sounds Leads


to Second Action in Ten Weeks
Washington, D.C. – For the second time in less than three months, the Federal Communications
Commission has proposed fines against Turner Broadcasting System for transmitting advertisements that
mimic the warning sounds used by the nationwide Emergency Alert System (EAS).
The EAS is a national public warning system that requires broadcasters, cable television operators,
wireless cable operators, wireline video service providers, satellite digital audio radio service providers,
and direct broadcast satellite providers to make it possible for the President of the United States to address
the American public during a national emergency. Federal, state, and local authorities may also use the
EAS to deliver important emergency information, such as Amber Alerts and weather information, like
tornado warnings, targeted to specific areas.
The FCC has long prohibited the transmission of actual or simulated EAS Attention Signals or tones in
circumstances other than a real alert or an authorized test of the EAS system. However, there has been a
recent spike in consumer complaints.
The FCC’s Enforcement Bureau initiated an investigation in response to multiple consumer complaints
about a commercial on Turner’s Adult Swim cable network. The complaints described a Best Buy
advertisement promoting the release of an “A$AP Rocky” album. Turner provided a recording of the
advertisement, review of which established that it included audio material that constitutes a simulation of
the EAS tones.
In addition, during the Bureau’s earlier investigation into Turner’s misuse of the EAS sounds in a
promotion for the Conan show, Turner represented to the Commission that it had changed its internal
review practices after the first incident. Nevertheless, another Turner-owned channel, less than one year
later, transmitted yet another commercial that used simulations of EAS sounds, doing so 14 times over a
six-day period. A $200,000 Notice of Apparent Liability has therefore been issued to Turner
Broadcasting System, Inc.
The Notice of Apparent Liability is available at
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-14-1A1.pdf
-FCC-

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