FCC Fines TV Companies $1.9 Million for Messing With Emergency Alert System (in movie trailer)

The Hollywood Reporter ^ | 12:06 PM PST 3/3/2014 | Eriq Gardner

[Dave346]

Viacom, NBCUniversal and ESPN are in regulatory trouble for airing a trailer for "Olympus Has Fallen" with a particularly distinctive screeching noise.

This is not a test.

The Federal Communications Commission has proposed $1.9 million in fines for Viacom, NBCUniversal and ESPN for airing a spot for Olympus Has Fallen in March 2013.

The trouble with the film's advertisement, according to the FCC, is that it contained sounds reminiscent of the "Emergency Alert System," a national public warning system. The FCC says that "frivolous, casual, or other uses of EAS Tones for reasons other than their defined purpose can desensitize viewers to the tones and thereby undermine the effectiveness of the system in the event of an actual emergency."

The TV companies are said to have admitted their inclusion of the EAS Tones in the commercials, but are questioning their liability under Section 325(a) of the Communications Act of 1934. The media regulatory agency wants to punish Viacom in the amount of $1.12 million for 57 airings of the commercial, NBCU in the amount of $530,000 for 33 airings and ESPN in the amount of $280,000 for 13 airings.

According to the FCC's notes about the $1.9 million fine, word was circulating in the television industry by March 6 about the EAS Tones in the Olympus Has Fallen trailer. The following day, the matter had been brought to the attention of the MPAA, the National Cable Telecommunications Association and the National Association of Broadcasters. NBC says that with one exception, it stopped running the commercial that day.

"The Companies argue that it was clear from the context that the No Surrender Trailer was an advertisement for a movie, and that no viewer could reasonably interpret the tones heard therein as related to an actual emergency," says the FCC. No matter. the agency quickly adds that "enforcement of Section 325(a) of the Act is not conditioned on proof of deception or harm."

Last November, the FCC proposed a $25,000 fine over a EAS violation on the Conan O’Brien Show.

The Olympus Has Fallen spot is still on YouTube.

[montag813]

As if the film itself wasn’t horrible enough

[montag813]

As if the film itself wasn’t horrible enough

[GeronL]

You have got to be kidding me

[jonrick46]

This is a good example of how Big Government regulations go beyond the pale to hold power over its subjects.

[Tilted Irish Kilt]

(from the artcle) :"The FCC says that "frivolous, casual, or other uses of EAS Tones for reasons other than their defined purpose can desensitize
viewers to the tones and thereby undermine the effectiveness of the system in the event of an actual emergency."

I didn't know that the tones were copywrited !!
I beleive that the funds will be used to put FCC monitors into various newsrooms to make sure only certain reports are 'news worthy' !!

[Talisker]

Does the government really want to open the subject of desensitization of the population?

Really?

Can you say “MRAP”?

[LostInBayport]

In reading this story, one can almost picture the bureaucratic stooge sitting in the darkened movie theater, eating his popcorn with his mouth open, and stopping to say “Hey, that’s OURS! I’m going to report this to my boss when I get to work on Monday. They can’t do that. We’re the government! Munch munch munch burp.”

[Walmartian]

That’s funny!

[BipolarBob]

I keep looking for the satire tag. I can’t find it.

[bigbob]

We take this stuff seriesly:

http://www.youtube.com/watch?list=PLmhFZkuu4ktafWUYUcBOgObG2EnnyRvEI&v=ENHOMpLkalg

[GraceG]

I wonder how them hollywierd libs feel about this....

They don’t care, they are that LOST

[GeronL]

bump

fined for something as stupid as that, amazing

[PrinterEagle]

I prefer this one.
http://www.youtube.com/watch?v=6YRHAro1iTE

[Clay Moore]

They are all big evil corporations. Fine them billions of dollars each. They deserve to be gotten even with. /s?

[Scrambler Bob]

Govt can’t copyright stuff. It was produced by ‘us’ and belongs to ‘us’.

[Organic Panic]

I feel safer already.

[SoothingDave]

In reading this story, one can almost picture the bureaucratic stooge sitting in the darkened movie theater, eating his popcorn with his mouth open, and stopping to say “Hey, that’s OURS! I’m going to report this to my boss when I get to work on Monday. They can’t do that. We’re the government! Munch munch munch burp.”

Try reading the story again. This isn't about a movie shown in a theater. It's about an advertisement that ran on TV.

[SoothingDave]

This is a good example of how Big Government regulations go beyond the pale to hold power over its subjects.

Is it really?

How do you suppose you will alert people to actual emergencies when TV broadcasts are full of the Emergency Broadcast System tones being used to announce a very special episode of "Sean Saves the World" or a new $5 Pizza Pizza lunch combo?

[jonrick46]

Good point. It was something I did not think about. All we need would be TV commercials continuously irritating us with that nasty emergency alert tone and Burger King showing an emergency alert for its new $2.95 buffalo wings.