Advertising Issues

Subscribe to Advertising Issues via RSS

While most of the country is currently frozen, February promises to heat up with several regulatory dates and deadlines broadcasters need to be aware of.  But the possibility of another federal government shutdown looms.  To end the longest shutdown in history last November, Congress gave themselves until January 31 to pass a budget bill covering the…

  • The FCC’s Media Bureau released a Public Notice purporting to provide guidance directed to broadcast TV stations on whether the
…

Mitchell Stabbe, our resident trademark law specialist, today takes the controls of the blog for his annual look at the legal issues in Super Bowl advertising and promotions (see some of his past articles here, here, here, and here).  Take it away, Mitch:  

The 2026 NFL Playoffs have had more down-to-the-wire games this year than ever before.  Consequently, television viewership ratings for these extraordinarily exciting games have been extremely high and interest in the remaining games and the upcoming Super Bowl LX are expected to set records.

Consequently, the value of Super Bowl-related advertising will also be higher than ever and the NFL is therefore likely to be particularly concerned about ensuring that only authorized licensees benefit from advertisements and promotions that draw attention through the use of the SUPER BOWL® and related NFL-trademarks.  Accordingly, following are updated guidelines about engaging in or accepting advertising or promotions that directly or indirectly reference the Super Bowl without a license from the NFL.

More than ever, the Super Bowl means big bucks.  It is estimated that, with the new contract which took effect in 2024, the NFL will be paid an average of over $2 billion per year for broadcasting and streaming rights through 2032, including the right by different media companies to broadcast the Super Bowl on a rotating basis.Continue Reading Tiptoeing on the Sidelines: 2026 Update on Super Bowl Advertising and Promotions

2026 has begun, so it is time to look at the regulatory dates of importance to broadcasters in the new year.  Later this week, we will look ahead at some of the broadcast issues likely to be tackled by the FCC and Congress in this new year.  But today, we will look at dates and…

Today, we would normally publish our look back at the prior week’s regulatory activity of importance to broadcasters but, as we noted last week, we are taking this week off and will publish a summary of the regulatory activity during the two week holiday period next Sunday.  But, as the start of a new month is upon us, we instead offer our regular look ahead at regulatory dates and deadlines for January.   

With each New Year, there are a host of new regulatory deadlines to keep broadcasters busy.  In January, this includes some recurring FCC deadlines like Quarterly Issues/Programs lists for all full power broadcasters, and a host of other quarterly obligations that are not as widely applicable.  For TV broadcasters, the month brings obligations including the annual children’s television reports on educational and informational programming and a public file certification on commercial limits, as well as the extension to stations in 10 additional markets of the audio description requirements. 

In addition to comments in rulemaking proceedings described below, January brings some new obligations.  For commercial broadcasters streaming audio programming on the Internet, there are new SoundExchange royalties that cover performances made on and after January 1, and a requirement for a higher minimum fee due at the end of the month.  There is also a freeze that will be imposed on applications for major changes by existing LPTV stations and TV translators related to a window that will open in March, the first window in well over a decade for the filing of applications for new LPTV stations. 

Let’s look at some of the specific dates and deadlines for broadcasters in January, starting with the routine deadlines that come up every January, and then moving to some of new obligations for 2026.  After that we provide January deadlines for comments in rulemaking proceedings (including reply comments on proposed changes to the FCC’s ownership rules and initial comments on proposals to speed the ATSC 3.0 conversion), a look at lowest unit rate windows that open in January for 2026 elections, and finally a few deadlines in early February.Continue Reading January 2026 Regulatory Dates for Broadcasters – Quarterly Issues/Programs Lists, Children’s Television Programming Reporting, New Webcasting Royalties, Expansion of Audio Description Requirements, Comment Deadlines, Political Windows, and More

  • President Trump this week issued an Executive Order instructing various government agencies to take steps to move marijuana from Schedule
…

Yesterday, we saw President Trump issue an Executive Order instructing various government agencies to take steps to move marijuana from Schedule I (an illegal controlled substance with no medical uses and a high degree of potential abuse) to Schedule III, which includes many other drugs, such as ketamine and Tylenol with codeine, that require a prescription and FDA approval. While a rescheduling to Schedule III may have an impact on research and on marijuana’s medical uses, broadcasters need to continue to take a very cautious approach to marijuana advertising while the details of any possible changes unfold, as it is likely that, even after any rescheduling that makes marijuana a Schedule III drug, advertising will still be restricted under federal law.

While many states have, as a matter of state law, legalized medical and even recreational marijuana use, there is still concern for broadcasters accepting advertising for its sale and use.  As we have noted many times before (see, for example, our articles here, here, and here), there is a concern that the sale and distribution of marijuana, even when legal under state law, remains a felony under federal law. Under 21 USC § 843 (b) and (c), to use communications facilities, including radio and the internet, to facilitate any sale of any federally controlled substance is a felony.  This should be of particular concern to broadcasters, which are federally regulated.  If the FCC is faced with a complaint about a broadcaster “facilitating” the sale of marijuana through running advertising – an act illegal under federal law – the FCC might feel a need to take action against the broadcaster. Continue Reading President Trump Issues Executive Order to Remove Marijuana from Schedule I – Concerns about Broadcast Advertising Remain

  • The FCC’s Enforcement Bureau entered into a Consent Decree with a public broadcaster to resolve an investigation into whether false
…

The deadline for candidates in Texas to file for a place on the March 3 primary ballot was this week.  Deadlines for filing to become a qualified candidate in other states will follow soon for other primaries that occur in March, and then throughout the first part of 2026.  As a result, broadcast stations and cable companies across the country will be dealing with all of the FCC political rules that become important once you have legally qualified candidates.  Even before the deadline for candidates to file for their place on the ballot, stations are dealing with buys from potential candidates, PACs, and other third-party groups looking to establish positions for the important 2026 elections. Spending on political advertising is sure to increase as the new year rolls around, and some suggest that it could rival or even exceed the record amounts spent in prior elections. What should broadcast stations be thinking about now to get ready for the 2026 elections?

The week before Thanksgiving I did a webinar for over 20 state broadcast associations on these issues (check with your state association to see if they have access to an archived copy of that webinar).  We have also written about some of the issues that broadcasters should already be considering in our Political Broadcasting Guide (which we plan to update shortly). But there are many issues that broadcasters need to consider now.  Some of those are discussed below.Continue Reading Getting Ready for the 2026 Election – Steps Broadcasters Should Be Taking Now to Avoid Legal Issues with Political Broadcasting

  • The FCC’s Media Bureau announced that the deadline for broadcasters to comply with the new foreign sponsorship identification requirements has
…