Editing Emergency Alert System (section)

=== Tone usage outside of alerts ===
To protect the integrity of the system, and prevent false activations, the FCC prohibits the use of actual or simulated EAS/WEA tones and attention signals outside of genuine alerts, tests, or authorized [[public service announcement]]s, especially when they are used "to capture audience attention during advertisements; dramatic, entertainment, and educational programs" (even if the footage is documentation of an event where an actual alert was issued).<ref name=":2" /> Broadcasters who misuse the tones may be sanctioned (including being required to partake in compliance measures) and fined.<ref name=":2">{{cite web|url=https://deadline.com/2019/08/fcc-fines-walking-dead-jimmy-kimmel-live-others-hit-with-fcc-fines-for-misuing-emergency-alert-tones-1202669390/|title='Walking Dead', 'Jimmy Kimmel Live' & Others Hit With FCC Fines For "Misusing" Emergency Alert Tones|last=Pedersen|first=Erik|date=August 16, 2019|website=Deadline|language=en|access-date=August 16, 2019|archive-url=https://web.archive.org/web/20190816195852/https://deadline.com/2019/08/fcc-fines-walking-dead-jimmy-kimmel-live-others-hit-with-fcc-fines-for-misuing-emergency-alert-tones-1202669390/|archive-date=August 16, 2019|url-status=live}}</ref> 
* Tones from the EAS were used in the trailer for the 2013 film ''[[Olympus Has Fallen]]''; cable providers were fined $1.9 million by the Federal Communications Commission (FCC) on March 3, 2014, for misuse of EAS tones.<ref>{{cite web |url=http://bigstory.ap.org/article/false-alarm-olympus-movie-ad-draws-19m-fine |title=False alarm 'Olympus' movie ad draws $1.9M fine |work=The Big Story |url-status=dead |archive-url=https://web.archive.org/web/20141231204456/http://bigstory.ap.org/article/false-alarm-olympus-movie-ad-draws-19m-fine |archive-date=December 31, 2014  }}</ref> An event similar to this previously occurred in November 2013, when [[TBS (American TV channel)|TBS]] was fined $25,000 for the use of EAS tones in a ''[[Conan (talk show)|Conan]]'' advertisement.<ref>{{cite web|url=https://www.theverge.com/2013/11/6/5072954/fcc-fines-tbs-25000-for-simulating-emergency-alert-in-conan-ad|title=FCC fines TBS $25,000 for simulating emergency alert tones in 'Conan' ad|last=Welch|first=Chris|date=November 6, 2013|website=The Verge|access-date=August 17, 2019|archive-url=https://web.archive.org/web/20171214071515/https://www.theverge.com/2013/11/6/5072954/fcc-fines-tbs-25000-for-simulating-emergency-alert-in-conan-ad|archive-date=December 14, 2017|url-status=live}}</ref>
* During the October 24, 2014 episode of the syndicated radio show ''[[The Bobby Bones Show]]'', host [[Bobby Bones]] played audio from the 2011 national test as part of a rant about a genuine test from Nashville's Fox affiliate, [[WZTV]], that interrupted Game 2 of the [[2014 World Series]] on October 22. The errant Emergency Action Notification was relayed to some broadcasters and cable systems—particularly those not configured to reject EAN messages that did not match the current date. On May 19, 2015, [[iHeartMedia]], who distributes the show and owns its flagship station [[WSIX-FM]], was fined $1 million for the incident. The company was also ordered to implement a three-year compliance plan to avoid any further incidents, including removing all EAS tones or similar-sounding noises from its audio production libraries.<ref>{{cite web|url=https://arstechnica.com/information-technology/2015/05/multi-state-cascade-of-false-emergency-alerts-nets-1-million-fine/|title="Multi-state cascade" of false emergency alerts nets $1 million fine|last=Brodkin|first=Jon|date=May 19, 2015|website=Ars Technica|language=en-us|access-date=May 29, 2019|archive-url=https://web.archive.org/web/20190529195432/https://arstechnica.com/information-technology/2015/05/multi-state-cascade-of-false-emergency-alerts-nets-1-million-fine/|archive-date=May 29, 2019|url-status=live}}</ref><ref>{{cite web|url=http://www.fybush.com/nerw-extra-20141027/|title=NERW Extra: A Few Words About EAS|first=Scott|last=Fybush|work=Fybush Media|date=October 28, 2014|access-date=October 30, 2014|archive-url=https://web.archive.org/web/20141030052300/http://www.fybush.com/nerw-extra-20141027/|archive-date=October 30, 2014|url-status=live}}</ref> 
* From August 4 to 6, 2016, [[Tegna, Inc.]]-owned [[NBC]] affiliate [[WTLV]] in [[Jacksonville, Florida]] aired an ad several times during NBC's primetime coverage of the [[2016 Summer Olympics]] produced by the marketing department of the [[National Football League]]'s [[Jacksonville Jaguars]] featuring out-of-sequence EAS tones over Jaguars training camp footage and a voiceover noting "this is not a test, this is an emergency broadcast transmission...seek shelter immediately", along with the on-screen text "the storm is coming". The ad aired four times before station compliance authorities pulled the advertisement after the [[local news]] industry blog FTVLive criticized the station for carrying it, especially during the peak of the [[Atlantic hurricane season]]. FTVLive's piece would be noted by the FCC in their decision against WTLV rendered on May 30, 2017, when it was given a $55,000 fine for carrying the offending Jaguars ad.<ref>{{cite news|title=Jacksonville's WTLV TV-12 owner fined for use of Emergency Alert tones in Jaguars promo|url=http://jacksonville.com/metro/business/2017-05-30/jacksonville-s-wtlv-tv-12-owner-fined-use-emergency-alert-tones-jaguars|last=Dixon|first=Drew|date=May 30, 2017|work=[[The Florida Times-Union]]|access-date=June 7, 2017|archive-url=https://web.archive.org/web/20170606172239/http://jacksonville.com/metro/business/2017-05-30/jacksonville-s-wtlv-tv-12-owner-fined-use-emergency-alert-tones-jaguars|archive-date=June 6, 2017|url-status=live}}</ref><ref>{{cite press release|title=In the Matter of TEGNA Inc., parent of Multimedia Holdings Corporation Licensee of Station WTLV, Jacksonville, Florida|publisher=Federal Communications Commission|date=May 30, 2017|url=https://apps.fcc.gov/edocs_public/attachmatch/DA-17-424A1.pdf|access-date=June 7, 2017|archive-url=https://web.archive.org/web/20170708013137/https://apps.fcc.gov/edocs_public/attachmatch/DA-17-424A1.pdf|archive-date=July 8, 2017|url-status=live}}</ref>
* The FCC issued several fines relating to EAS tone usage in August 2019, including [[American Broadcasting Company|ABC]] being fined $395,000 for using wireless emergency alert tones multiple times during a ''[[Jimmy Kimmel Live!|Jimmy Kimmel Live]]'' sketch, [[AMC Networks]] being fined $104,000 for using the tones in ''[[The Walking Dead (TV series)|The Walking Dead]]'' episode "[[Omega (The Walking Dead)|Omega]]", [[Discovery, Inc.|Discovery Inc.]] being fined $68,000 for including footage of an actual WEA activation during a ''[[Lone Star Law]]'' episode filmed during [[Hurricane Harvey]], and [[Meruelo Group]] was fined $61,000 for including an EAS-like tone during a radio advertisement for [[KDAY]] and [[KDEY-FM]]'s morning show.<ref name=":2" />
* On September 9, 2019, the FCC proposed a $272,000 fine against [[CBS]] for using simulated EAS tones in the ''[[Young Sheldon]]'' episode, "A Mother, A Child, and a Blue Man's Backside".<ref>{{cite news|url = https://deadline.com/2019/09/young-sheldon-fcc-proposes-six-figure-fine-for-misuse-of-emergency-alert-tone-1202729605/|title = 'Young Sheldon': FCC Proposes Six-Figure Fine For Misuse Of Emergency Alert Tone|work = [[Deadline Hollywood]]|date = September 9, 2019|accessdate = May 13, 2021|last = Pedersen|first = Erik|archive-date = April 27, 2021|archive-url = https://web.archive.org/web/20210427233523/https://deadline.com/2019/09/young-sheldon-fcc-proposes-six-figure-fine-for-misuse-of-emergency-alert-tone-1202729605/|url-status = live}}</ref> CBS defended the statement, saying that the tones' usage was a "dramatic portrayal", and that it was an "integral part of the storyline about a family's visceral reaction to a life-threatening emergency". The show's sound editors achieved the effect by downloading EAS tones from YouTube and modifying the volume of the tone. CBS passed the edited tone through three quality rooms equipped with EAS decoders and pre-screened the episode to make sure it did not trigger an actual alert. Also, the show's dialogue was used to obscure some elements of the alert. However, the FCC insisted that the modified tone still sounded like a normal EAS tone, despite the volume being lowered and the tone being cut short in duration. It also said that the pre-screening process did not excuse an unauthorized usage of the EAS tones.<ref>{{cite news|url = http://www.insideradio.com/free/cbs-fined-272-000-after-fcc-concludes-it-misused-eas-tones/article_f61e08c0-d390-11e9-a8d0-3f5292413ba0.html|title = CBS Fined $272,000 After FCC Concludes It Misused EAS Tones|work = Inside Radio|date = September 10, 2019|accessdate = May 12, 2021|archive-date = October 18, 2020|archive-url = https://web.archive.org/web/20201018025822/http://www.insideradio.com/free/cbs-fined-272-000-after-fcc-concludes-it-misused-eas-tones/article_f61e08c0-d390-11e9-a8d0-3f5292413ba0.html|url-status = live}}</ref> 
* On April 7, 2020, the FCC proposed a $20,000 fine against New York City radio station [[WNEW-FM]], for using the attention signal during its morning show on October 3, 2018 as part of a skit discussing the National Periodic Test held later that day.<ref>{{cite web|url=https://radioinsight.com/headlines/185965/fcc-proposes-20000-fine-against-wnew-for-using-eas-tones/|title=FCC Proposes $20,000 Fine Against WNEW For Using EAS Tones|date=April 7, 2020|website=RadioInsight|language=en-US|access-date=April 8, 2020|archive-url=https://web.archive.org/web/20200408082534/https://radioinsight.com/headlines/185965/fcc-proposes-20000-fine-against-wnew-for-using-eas-tones/|archive-date=April 8, 2020|url-status=live}}</ref>
* In January 2023, the FCC proposed a $504,000 fine against [[Fox Corporation]] for using EAS tones during a promo broadcast on ''[[Fox NFL Sunday]]'' in November 2021.<ref>{{Cite web |author1=Tom Butts |date=2023-01-25 |title=FCC Proposes $504K Fine on Fox for EAS Violations |url=https://www.tvtechnology.com/news/fcc-proposes-fining-fox-dollar504k-for-eas-violations |access-date=2023-02-07 |website=TVTechnology |language=en |archive-date=February 7, 2023 |archive-url=https://web.archive.org/web/20230207105942/https://www.tvtechnology.com/news/fcc-proposes-fining-fox-dollar504k-for-eas-violations |url-status=live }}</ref>
* On October 17, 2024, the FCC proposed a $146,976 fine against [[ESPN]] for misusing the EAS tones during a promotional segment for the start of the [[2023–24 NBA season]] that aired during the week of October 20–24, 2023.<ref>{{Cite web |date=2024-10-17 |title=FCC PROPOSES FINE AGAINST ESPN FOR IMPROPER TRANSMISSIONS OF EMERGENCY ALERT SYSTEM TONES |url=https://docs.fcc.gov/public/attachments/DOC-406716A1.pdf |access-date=2024-10-18 |website=FCC News}}</ref>

In an opposite move, in 2013 the FCC granted a one-year waiver for a [[public service announcement|PSA]] pertaining to the [[Wireless Emergency Alerts]] system, with assurance that the tones used in the PSA contained a different set of codes designed not to activate EAS receivers.<ref>{{cite web |last1=Stimson |first1=Leslie |title=ABA Tells Members It's Okay to Air New WEA PSAs |url=https://www.tvtechnology.com/news/-aba-tells-members-its-okay-to-air-new-wea-psas |website=TV Tech |access-date=April 28, 2023 |date=June 3, 2013 |archive-date=April 28, 2023 |archive-url=https://web.archive.org/web/20230428222515/https://www.tvtechnology.com/news/-aba-tells-members-its-okay-to-air-new-wea-psas |url-status=live }}</ref>