by Christopher R. Chase (New York)

The Federal Communications Commission (“FCC”) has proposed a $504,000
fine in a Notice of Apparent Liability for Forfeiture against Fox
Corporation for its broadcast network's use of the Emergency Alert
System (“EAS”) tones in a promotion for the Philadelphia Eagles – New
York Giants game in November 2021.

The hefty proposed fine results from the significance of the activity
at issue and the fact that the promotion was broadcast nationwide on
several Fox programming channels. Fox noted that the EAS tones were
used as part of a short comedic advertisement for an upcoming game
that aired as part of the Fox NFL Sunday pre-game show. The FCC
argued that, even though the promotional segment incorporated a
“comedic tone,” Fox “apparently willfully violated” 47 C.F.R. §11.45
with the use of the EAS tones, “in the absence of any actual
emergency, authorized test of the EAS, or qualified public service
announcement.”

https://www.mondaq.com/article/news/1276648?q=1803232&n=684&tp=15&tlk=4&lk=56

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On Thu, Feb 02, 2023 at 02:11:26PM -0500, Bill Horne wrote:
> by Christopher R. Chase (New York)
>
> The Federal Communications Commission (“FCC”) has proposed a $504,000
> fine in a Notice of Apparent Liability for Forfeiture against Fox
> Corporation for its broadcast network's use of the Emergency Alert
> System (“EAS”) tones in a promotion for the Philadelphia Eagles – New
> York Giants game in November 2021.
>
> https://www.mondaq.com/article/news/1276648?q=1803232&n=684&tp=15&tlk=4&lk=56

In the 1990's, while I was a Systems Analyst at NYNEX, I heard a cell
phone’s electronic ringer for the first time. I’ll never forget that
my first reaction to the sound was the thought “They are going to put
that sound in every TV commercial.”

It seems, at my age, that every change in the world of
telecommunications brings about new, improved, more sexy, more
beautiful, more perfect ... and more intrusive ways of demanding that
we pay attention to the latest new gadget, cream, hair treatment,
automobile, fashion, patent medicine, or politician.

I used to work in the Broadcasting industry, and I learned at a young
age that there are certain riffs from “classic” movies which are, to
this day, licensed to advertisers for use in commercials: three, or
four or five note versions of Canis Lupus Familiaris licking at our
faces - all of them guaranteed to increase image retention and boost
sales - and bring back the wonderful days of yesteryear when the world
made sense and The Tall White Guy always knew what was best.

Now, I here imitations of ring tones and every other well-known alert
tone in what seems like every new song or tv show, and I’m not
kidding: the very first time I heard a cellphone ring, I could predict
the future. We’re hooked.

Bill Horne

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