[EAS] $55K fine for misuse of EAS tones

[Sean Donelan]

For "well-known" clients, sometimes every spot isn't as carefully 
reviewed.  In the case of syndicated programming, some of the advertising 
is added by the distributor or network.

The FCC has NAL and forfeitures for several broadcaster licensees and some 
distributors; but not an advertising agency or production company.  I 
wouldn't be surprised if in some cases, the entity paying the forfeiture 
tried to recover damages from the advertiser or production company.

Here is a good summary of the various false EBS/EAS actions since 1991.

https://www.americanbar.org/publications/entertainment-sports-lawyer/2015/spring/beware_long_arm_the_fcc_enforcement_false_emergency_alert_tones_extends_beyond_fcc_licensees.html

1/29/1991 - Disk jockey (employee/independent contractor?) - KSHE-FM/Emmis Broadcasting - $25,000
6/15/2012 - The Fan Wear & More Store - WNKY(TV)/MMK License LLC - $39,000
4/26/2012 - The Conan O'Brien Show - Turner Broadcasting System Inc - $25,000
1/18/2013 - A$AP Rocky/Sony - Turner Broadcasting System Inc - $200,000
3/4/2013 to 3/9/2013 - Olympus has Fallen/Horizon Media, Inc
          - ESPN/Walt Disney Company - $280,000
          - NBC Universal - $530,000
          - Viacom - $1,120,000
12/4/2013 - The Stephanie Miller Show - SM Radio Productions - $0 (with warning)
4/14/2013 - Storm chasing tour - WTRC-FM/Pathfinder Communications Corp - $46,000
1/28/2014 - Luis Jimenez Show - WXNY-FM/Univision Local Media Inc - $20,000

After the ABA article was written,

10/24/2014 - Bobby Bones Show - iHeart Media - $1,000,000
8/6/2016 to 8/8/2016 - The Storm/Jacksonville Jaguars - WTLV(TV)/TEGNA - $55,000

Summary

5 - Broadcast licensees (or corporate owners)
2 - Broadcast distributors/syndicators
4(+1 repeat offender) - Cable distributors/networks

0 - cable system licensees
0 - advertising agencies