[EAS] [BC] EAS misuse brings NALF

[Ed Czarnecki]

The regs say "transmit or cause to transmit."   By including the offending EAS tones in its content that it intended to be aired, the FCC is holding that ESPN "caused" the transmission of the tones.  There's been precedent for this kind of NAL already.

§11.45 (a) No person may transmit or cause to transmit the EAS codes or Attention Signal, or a recording or simulation thereof, in any circumstance other than in an actual National, State or Local Area emergency or authorized test of the EAS; or as specified in §§ 10.520(d), 11.46, and 11.61 of this chapter.

-----Original Message-----
From: Broadcast broadcast-bounces at radiolists.net> On Behalf Of Rob Landry 
Cc: EAS at radiolists.net

On Sun, 20 Oct 2024, Barry Mishkind  wrote:

> The FCC is hitting ESPN with a $146,976 fine for misusing EAS tones 
> last October.
> https://www.thebdr.net/nal-watch-fcc-enforcement/