While most of us are enjoying our 4th of July holidays, we thought it important to publish this article, stemming from a Supreme Court decision last week, right away as broadcasters in many states are or soon will be dealing with the issues it discusses.  Enjoy the holiday, but be sure to consider these issues as soon as you return to work. 

It is unusual for Supreme Court decisions to have a direct day-to-day impact on regulations affecting broadcasters.  But this past week, there were not one but two cases that are likely to have such a direct impact.  One was the case confirming the President’s virtually unfettered power to fire Commissioners at agencies such as the FCC, the impact of which we plan to write about next week.  The second was the decision allowing political parties to coordinate spending with their candidates – a decision that, unless pending challenges to a recent FCC Media Bureau Notice are successful, will likely bring far more political spending under the “lowest unit rate” (aka lowest unit charge) obligations of broadcasters.  Because this change could have a significant effect on the bottom line of broadcasters in states with competitive federal political races, and as many questions remain unanswered about the FCC’s Notice, we need to look closely at the issues that arise from the interplay of the Media Bureau Notice and the Court’s decision.

The FCC Public Notice was released in March and purported to simply remind broadcasters about their lowest unit rate obligations to political candidates in the 45 days before a primary and the 60 days before a general election.  But, in giving that reminder, it set out two policies that had never before been articulated by the FCC.  While Section 315 of the Communications Act says that lowest unit rates apply only to candidates, the Notice says that the LUC rates in fact apply to other political committees when the ads are “authorized” by the candidate.  The Notice also says that joint fundraising committees and ads by political parties, when authorized by candidates, are also entitled to LUC.  In reaching this decision, the Media Bureau relies on the Federal Election Commission’s definitions of authorized committees, concluding without discussion that once a committee is authorized under FEC rules, it is entitled to LUC even though the committee is not the “candidate” – and even though Section 315 limits LUC rights to “candidates,” not authorized committees as defined by the FEC.  How did the Bureau reach this decision?

Continue Reading More Political Ads at Lowest Unit Rates?  – Supreme Court Allows Candidates and Parties to Coordinate, and an FCC Media Bureau Notice Says Coordinated Ad Buys Should be Given LUC

At its regular monthly open meeting last week, the FCC adopted an Order meant to enhance the security of the Emergency Alerting System.  Citing past hacks of the system that have resulted in false EAS alerts being transmitted to the public by broadcast stations, the FCC proposed in 2022 that broadcasters adopt a comprehensive cybersecurity plan with an annual filing requirement detailing how risks were managed and controlled (see our article here).  The Order adopted this week did not go that far, but it did adopt a mandatory three-point plan to secure not only EAS equipment at a station, but also to secure the entire program chain to ensure that bad actors can’t access station programming to insert false emergency information or other malicious content. 

While the first two requirements of the mandated plan should be relatively simple for broadcasters to quickly implement, the third may require some outside help – and the FCC has given broadcasters only a short time to implement this requirement.  The Order requires implementation within 60 days of the date that the Order is published in the Federal Register (see the just-released FCC Erratum correcting the Order to reiterate that the effective date will be 60 days after Federal Register publication).  As Federal Register publication should come soon, the Order requires quick action by broadcasters.  Let’s look at the new obligations.

Continue Reading FCC Adopts Order to Secure EAS System – Broadcasters’ Program Chain Must Be Behind Firewall Soon

The lazy days of summer provide little respite from the regulatory actions of importance to broadcasters.  July brings quarterly requirements including, most importantly, the obligation to upload Quarterly Issues/Programs Lists to a station’s online public file.  Also in July, eligible applicants may also begin drafting their applications for new noncommercial educational (NCE) FM translator stations to be filed in the mid-August filing window.  To allow preparations for that filing window, the FCC instituted a filing freeze on all LPFM, FM translator, and FM booster station minor modification applications beginning on July 10.  Political file windows are also opening in July in a few states.  So, even if the beach chair is calling, remember to keep an eye on dates that can affect your stations.

July 1 is the first date for existing NCE station operators to begin preparing their applications in the FCC’s LMS database for the new NCE FM translator reserved band (88.1-91.9 MHz) filing window.  That window will be open between 12:01 a.m., ET, on August 11, 2026 and 11:59 p.m., ET, on August 25, 2026.  To facilitate the preparation of the filing window applications by stabilizing the technical database, the Bureau announced a filing freeze on both reserved and non-reserved band LPFM, FM translator, and FM booster station minor modification applications beginning at 11:59 p.m., ET, on July 10, and continuing until the filing window’s closing.  So if you are planning a change in a translator or LPFM’s facilities, get it on file before July 10 or you will be precluded from filing for the next six weeks.  For more on the filing window and the filing freeze, see our Broadcast Law Blog article here.

Continue Reading July 2026 Regulatory Dates for Broadcasters – Quarterly Issues/Programs Lists, Comment Deadlines, NCE FM Translator Filing Window Applications and Filing Freezes, Political Windows, and more

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • At its regular monthly Open Meeting, the FCC took actions to increase the security of the Emergency Alert System by adopting a Report and Order and Further Notice of Proposed Rulemaking (the final version has not yet been released, but a draft is available here and a News Release summarizing this week’s FCC’s action is here).  Broadcasters are required to adopt a three-point program to secure their EAS equipment, studio transmitter links, and any remotely managed equipment used for routing, processing, or inserting content into their programming streams.  Broadcasters must adopt strong password security practices; test and install security patches and security-related software and firmware upgrades promptly after those patches or upgrades are available; and use a network firewall or comparable practice to limit remote access to authorized devices and systems.  Broadcasters must quickly implement these requirements (note that the draft Order in one place says it is to be effective 60 days after the publication of the final order in the Federal Register, but in another paragraph says 90 days – watch for an article on our Broadcast Law Blog detailing the requirements once the full text of the final order is released).  The FNPRM seeks public comment on a number of matters including a proposal to require authentication of all EAS alerts before transmission, other steps to make EAS alerts more accurately targeted, and if software-based EAS encoders/decoders should be allowed in addition to the current EAS hardware devices. 
  • Several Democratic federal candidates filed a petition for review in the U.S. Court of Appeals for the Fourth Circuit seeking to overturn the FCC Media Bureau’s March Public Notice purporting to provide guidance on entitlement to lowest unit charge (LUC) for political ads.  As we noted here, the Bureau said in the March Public Notice that the LUC obligation extends beyond legally qualified candidates and their official committees to joint fundraising committees comprised of a federal candidate’s principal campaign committee and other political committees, and to “coordinated expenditures” between political parties and legally qualified federal candidates.  The petitioners argue that the Bureau’s guidance directly conflicts with the Communications Act and the FCC’s rules which limit LUC rate eligibility to only legally qualified candidates, and that the decision is not supported by the FEC rules on which the Media Bureau relied.  In April, these same parties filed an Application for Review asking that the full Commission reject the guidance given in the Bureau’s Public Notice but, as the FCC has not acted on that request, they filed this petition asking the Court to intervene. 
  • The Media Bureau dismissed a November 2025 petition for special relief seeking repeal of the FCC’s news distortion policy.  The rarely used news distortion policy prohibits broadcasters from deliberately distorting news about important events (liability being found where there was a deliberate intent to deceive the audience, as opposed to news slants being mere inaccuracies or the result of editorial judgements).  This policy has rarely been applied to avoid embroiling the FCC in content-based decision making assessing the truth of news stories.  As we noted here, the petition was filed by a number of former FCC chairs, commissioners, staff, and public interest groups, arguing that the policy violates the First Amendment because the FCC appears to be using it to suppress viewpoints critical of President Trump (see our note here) and the policy cannot be applied without prohibited content-based decision making as to the accuracy of the news.  Last month, the U.S. Court of Appeals for the D.C. Circuit ordered the FCC to respond within 30 days to a petition for writ of mandamus asking that the Court order the FCC to act on the petition.  In the decision this week, the Bureau dismissed the petition of the former employees on procedural grounds, concluding that the FCC’s rules do not explicitly allow for the filing of a “special relief” petition in these circumstances.  The Bureau’s decision never addresses the merits of the arguments raised in the petition.  Expect further actions by the supporters of this petition.
  • FCC Chairman Carr responded to a letter from Democratic members of Congress seeking information on the FCC’s alleged use of its authority to pressure companies to alter their otherwise-lawful DEI policies.  The letter cites the FCC’s investigations of the DEI practices of several FCC-regulated entities, including Disney/ABC, and alleges that the FCC was investigating Disney despite its DEI practices being unrelated to its broadcast stations.  Carr defended the FCC’s investigations, citing its authority to prohibit discrimination under the Communications Act and President Trump’s Executive Order directing federal agencies to investigate private sector DEI practices, and alleging that the FCC believed that some broadcasters’ practices may be discriminatory. 
  • The FCC announced that August 21 is the effective date of its March Direct Final Rule, in which the FCC deleted several rules that it found unnecessary or obsolete.  The deleted rules include rules for the TV broadcast spectrum reverse auction which ended in 2017 and regarding installment payments and auction procedures that are either out of date or are covered in other rules still applicable to broadcasters.  As we noted here, the Direct Final Rule process allows the FCC to delete a rule without prior public comment if no objections to the deletion are filed in a 10 to 20-day comment period after the item’s publication in the Federal Register.  If substantive negative comments are filed against the March Direct Final Rule by July 13, the FCC will implement regular notice and comment procedures before the deletions take effect.
  • The FCC’s Enforcement Bureau issued a $20,000 fine against an individual in Spring Valley, New York for operating a pirate radio broadcast station.  The pirate broadcaster now has 30 days to pay the fine, or the FCC may refer the case to the U.S. Department of Justice.  The FCC itself cannot sue to collect fines or take actions against individuals who ignore these fines.  It must rely on the DOJ to enforce them in Court.
    • The Enforcement Bureau also proposed 2 separate fines for operating pirate radio broadcast stations in the Bronx, New York: a $25,000 fine against an individual, and a $20,000 fine against multiple individuals and a corporation.  In each case, the Enforcement Bureau alleges that its agents heard an operating pirate station and through research identified those named as being responsible for the illegal operations.
  • The Media Bureau reversed its grant of a New York FM translator’s minor modification application due to a nearby FM station’s interference complaint.  The FM station filed an interference complaint against the translator’s original modification application.  The FM translator then amended the modification application to address the interference claim.  The Bureau granted the amended application before the FM station could address the amended proposal.  In this week’s decision, the Bureau granted the FM station’s petition for reconsideration, finding that there was a valid interference claim against the amended proposal and that the FM station’s objections to the amended proposal were not raised too late, as the Bureau’s grant of the amended application only 2 days after the filing of the amendment did not provide the station with a reasonable opportunity to address the predicted interference. 

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The FCC’s Media Bureau released a Public Notice announcing that applications for new noncommercial Reserved Band (88.1 to 91.9 MHz) FM translators can be filed during a window between 12:01 a.m., ET, on August 11, 2026 and 11:59 p.m., ET, on August 25, 2026.  To facilitate the preparation of applications in the filing window by stabilizing the technical database, the Bureau announced a filing freeze on both reserved and non-reserved band LPFM, FM translator, and FM booster station minor modification applications beginning at 11:59 p.m., ET, on July 10, 2026, and continuing until the filing window’s closing.  The Public Notice also summarized the window’s filing procedures and requirements, including that applications must be filed electronically on Schedule 349 through the FCC’s Licensing Management System (LMS), and may only be filed by licensees or permittees of existing noncommercial AM, FM, and LPFM stations that will be the primary station of the proposed FM translator.  Applicants are limited to filing 10 applications (except that Tribal LPFM applicants who are limited to 4 applications and other LPFM applicants are limited to 2 applications).  The FCC will favor applications for fill-in service over those that propose to expand the coverage of their primary station.  All other mutually exclusive applications (those which cannot all be granted consistent with the FCC’s technical rules) will be evaluated based on the FCC’s point system criteria.  The Bureau reminded applicants that the required documentation for claiming points must be filed with the original application (see the Schedule 349 application instructions here). For more on this Public Notice, see our Broadcast Law Blog article here. 
  • The FCC’s Enforcement Bureau released a Public Notice announcing that the FCC’s fine schedule (for “civil monetary penalties”) will not be adjusted for inflation for 2026.  While the FCC is required by law to annually adjust its fines based on prior-year Consumer Price Index (CPI) data, the Bureau explained that the Office of Management and Budget recently directed federal agencies to continue using 2025 fine levels for the remainder of 2026 because the Bureau of Labor Statistics did not release 2025 CPI data last year due to the federal government shutdown. 
  • FCC Chairman Carr responded to a letter from several Democratic Senators demanding that the FCC rescind the Media Bureau’s Order that Disney file its license renewals early for its ABC TV stations (see our note here) and explain the Bureau’s basis for the Order.  As Carr did with his recent response to a similar letter from Congressional representatives that had alleged that the FCC was attempting to chill the speech of those critical of the Trump Administration (see our note here), Carr stated that early renewals were a long-established FCC practice, and the Media Bureau has called in other broadcasters’ renewals early (including Bridge News, whose renewals were requested at the same time as Disney) and recently concluded that a short-term renewal was appropriate for a station’s continued violations of its Online Public Inspection File obligations after entering into a Consent Decree for those rule violations (as we noted here).  Carr said that the Disney early renewals resulted from an investigation of EEO practices and were not a product of singling out Disney for special treatment.  Carr again contrasted these actions with what he alleged were political actions by the FCC under the Biden Administration, which he said included pressuring cable providers to drop right-wing news outlets, blocking the sale of broadcast stations for political reasons, and refusing to renew broadcast licenses.
  • The Media Bureau granted an application for the transfer of control of the licensee of a TV station located in the Traverse City-Cadillac, MI DMA, resulting in the transferee holding ownership interests in two TV stations in that market.  DIRECTV filed a petition to deny against the application, alleging that the parties had not shown that the transfer was in the public interest, and because it would lead to higher retransmission consent fees in the local TV market.  Citing its recent approvals of TV station assignment applications where similar arguments were raised (see our notes here, here, here, and here), the Bureau again found that a special public interest showing was not required for applications that comply with the current Local TV Ownership Rule’s two-station limit, and that DIRECTV’s additional arguments about the transactions’ harms were speculative.
  • The Media Bureau released a Notice of Proposed Rulemaking proposing to amend the TV Table of Allotments by substituting VHF Channel 11 at Alamogordo, New Mexico for VHF Channel 4.  The petitioner is the permittee of a new noncommercial TV station on Channel 4, and it proposes moving the station to a higher VHF Channel to improve is over-the-air reception.  The petitioner states that the proposed Channel 11 operation would allow viewers to use a smaller indoor antenna to receive the station. 
  • The Media Bureau and the Office of Managing Director issued an Order to Pay or to Show Cause against 3 commonly-owned Texas AM stations proposing to revoke the stations’ licenses unless, within 60 days, the stations pay their delinquent regulatory fees and interest, administrative costs, and penalties, or show that the debts are not owed or should be waived or deferred.  The stations have a combined unpaid regulatory fee debt totaling $166,646.79 for fiscal years 2013, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, and 2025.

In January, the FCC announced it would be opening a filing opportunity for new FM translators to operate in the FM Reserved Band (88.1-91.9 MHz) (see our article here).  Applications can only be filed by existing noncommercial station operators.  Subsequently, the FCC’s Media Bureau announced that applicants would be limited to 10 applications nationwide – and low power FM operators would be allowed to file for only 2 translators (4 if they were a Tribal group)(see our article here).  This week, the Media Bureau issued a Public Notice announcing more rules for the window – and setting the dates for applications.  The window for filing applications will open at 12:01 a.m. ET on Tuesday, August 11, 2026, and it will close at 6:00 p.m. ET on Tuesday, August 25, 2026.

Parties can begin to prepare applications much sooner, as the application forms will be available in the FCC’s LMS database starting on July 1.  Applications must include information about the applicant for a potential “points system” analysis that will be used to choose between applications that have technical conflicts that cannot be resolved by engineering changes.  For more on the points system, see our articles here and here.  Claims for points will be frozen at the end of the filing window, so be sure to detail your claims for those points in your initial application.

Continue Reading Window for Filing Applications for New Noncommercial FM Translators Set – Applications Due by August 25

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The House Judiciary Committee held a hearing titled “Examining the Sports Broadcasting Act.”  The hearing featured testimony from several industry members and government officials, including FCC Commissioner Gomez and NAB President and CEO Curtis LeGeyt.  Members of both parties expressed concern that sports fans must navigate a fragmented and costly media landscape to access games.  Much of the questioning centered on the migration of sports, in particular NFL games, to streaming platforms and away from free TV.  Questions were raised about the need to amend the Sports Broadcasting Act, which gives professional sports leagues an antitrust exemption to negotiate contracts on behalf of all league teams for the broadcast of their games.  More information on the hearing, including video and testimony, can be found here.
  • Representatives of the National Association of Broadcasters met with FCC staff last week on AM service improvements, filing a summary of their discussions of proposed rule changes.  The NAB proposed elimination of the minimum efficiency standards that prevent AM stations from choosing antennas that could expand their service area and allow them to locate on smaller, less expensive transmitter sites.  The NAB also proposed eliminating rules complicating AM stations’ access to the expanded band (1605-1705 kHz) and asked that the FCC consider opening a filing window for applications for new stations in that band.  The NAB cited AM stations’ vital public safety role as the reason to adopt these changes.
  • Senators Cruz (R-TX) and Wyden (D-OR) introduced the Justice Against Weaponized Bureaucratic Overreach to Networked Expression (JAWBONE) Act, which is aimed at preventing “jawboning” (government actions pressuring companies to censor speech protected by the First Amendment).  The bill allows individuals or companies adversely affected by the jawboning to sue any government agency or government employee that improperly exerts pressure on social media, AI, or broadcasting companies, regardless of whether the jawboning succeeds in blocking speech.  The bill also requires that governmental agencies publicly disclose certain communications with these media companies to identify jawboning.  Senator Wyden stated that “nearly all of Americans’ speech—including TV news, online streams, and social media—flows through private corporations that are highly susceptible to government pressure, and “regular Americans can’t count on those companies to stand up to government jawboning, they need a way to level the playing field.”  More information on the JAWBONE Act can be found here.
  • FCC Chairman Carr responded to a letter from Democratic Congressional representatives Pallone (NJ), Clarke (NY), and Matsui (CA) seeking information regarding the FCC’s alleged recent efforts to chill speech of those critical of the Trump Administration.  The Congress members cited the FCC Media Bureau’s Order that Disney file its license renewals early for its ABC TV stations (see our note here), the Media Bureau’s reversal of longstanding FCC policy exempting daytime and late-night talk shows from the political equal time rule (see our note here), and the FCC’s investigations of James Talarico’s appearances on ABC’s “The View” (see our note here) and CBS’ “The Late Show with Stephen Colbert.”  Carr responded that the news media has mischaracterized these recent actions, which Carr stated were instead legitimate exercises of the FCC’s authority to examine whether broadcasters were fulfilling their public interest obligations.  As for Disney’s early renewals, Carr stated that early renewals were a long-established FCC practice, and the Media Bureau has called in other broadcasters’ renewals early (including Bridge News, whose renewals were requested at the same time as those of Disney) and recently concluded that a short-term renewal was appropriate for a station’s continued violations of its Online Public Inspection File (OPIF) obligations after entering into a Consent Decree for those rule violations (as we noted here).  Carr said that the Disney early renewals resulted from an investigation of EEO practices rather than content-based questions.  Carr also defended the Media Bureau’s updated guidance on the equal time rule, stating that the FCC could not ignore the statutory obligation that broadcasters provide equal time to opposing candidates.  Carr contrasted these actions with what he alleged were political actions by the FCC under the Biden Administration, which he said included pressuring cable providers to drop right-wing news outlets, blocking the sale of broadcast stations for political reasons, and refusing to renew broadcast licenses. 
  • Chairman Carr also released a statement regarding the FCC’s efforts in supporting the 2026 FIFA World Cup.  Carr stated that it was the FCC’s “priority number one” to “ensure the radio spectrum requirements essential to the World Cup,” including for broadcast operations, “are fully supported.”  Carr stated that “the FCC has deployed a networked constellation of advanced spectrum sensors across all U.S. venues to conduct remote spectrum monitoring and help identify harmful interference.”
  • The FCC released a Small Entity Compliance Guide providing broadcasters with guidelines on disclosing if they are owned or controlled by a “foreign adversary.”  In January, the FCC released a Report and Order requiring all broadcast licensees and permittees to file a certification with the FCC stating if they are owned or controlled by a “foreign adversary”—which the FCC defines as the Peoples’ Republic of China, Cuba, Iran, North Korea, Russia, and Venezuela (if related to ousted politician Nicolás Maduro).  Entities certifying yes will need to disclose all foreign adversary ownership interests (including interests held by their citizens or companies organized under their laws) of 10% or greater and describe the nature of the foreign adversary’s control.  Once the FCC launches the new reporting database, broadcasters will follow different reporting schedules based on their size (larger broadcasters must report more often), and the first filings will be due 60 days (120 days for smaller entities) after the database launches.  The FCC may revoke authorizations if an entity fails to file the certification or fails to timely correct deficient certifications.
  • The Media Bureau released a Notice of Proposed Rulemaking proposing to delete vacant Channel 288A at Selmer, Tennessee from the Table of FM Allotments because the allotment is short spaced by 9 kilometers to another FM station and is vacant after the license of a station that operated on the channel was cancelled.  The Bureau noted that there were no alternate channels available at Selmer to alleviate the short-spacing.  Comments and reply comments responding to the NPRM are due July 24 and August 10, respectively. 
  • The Media Bureau and Office of Managing Director issued Orders to Pay or to Show Cause against two Texas FM stations proposing to revoke the stations’ licenses unless, within 60 days, the stations pay their delinquent regulatory fees and interest, administrative costs, and penalties, or show that the debts are not owed or should be waived or deferred.  The first station has an unpaid regulatory fee debt totaling $2,856.43 for fiscal years 2021 and 2022, and the second station has an unpaid regulatory fee debt totaling $1,849.58 for fiscal years 2020 and 2021. 

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The FCC released a draft Report and Order and Further Notice of Proposed Rulemaking which, if adopted at its June 25 Open Meeting, would modernize the Emergency Alert System (EAS).  The draft Report and Order seeks to improve EAS cybersecurity by requiring EAS Participants, including broadcasters, to take certain actions to secure their EAS equipment, studio transmitter links, and any remotely managed equipment used for routing, processing, or inserting content into their programming streams.  These actions include: before operations, EAS Participants must change all default passwords, use strong passwords, and change passwords if an EAS Participant believes that the password has been comprised; test and install security patches and security-related software and firmware upgrades promptly after those patches or upgrades are available; and use a network firewall or comparable network segmentation practice to limit remote access to authorized devices and users.  If adopted at the June meeting, EAS Participants must comply with these new requirements within 60 days after the new rules’ publication in the Federal Register.  The draft FNPRM proposes to improve EAS’s integrity by requiring authentication of all EAS alerts before being transmitted, and allowing EAS Participants to use software-based EAS encoder/decoder technology instead of a dedicated EAS hardware device to process EAS alerts.  The draft FNPRM also seeks comment on requiring EAS alerts to display symbols for the emergency type, whether to adopt universal EAS alert message identification requirements, and how to improve geo-targeted EAS alerts’ accuracy. 
  • The U.S. Supreme Court upheld the FCC’s authority to issue monetary penalties against regulated entities for FCC rule violations.  Last year, the FCC appealed to the Supreme Court the decision of the U.S. Court of Appeals for the Fifth Circuit overturning a $57 million FCC-imposed fine on AT&T for failing to protect some of its mobile phone users’ location data.  The Fifth Circuit had found that the fine violated AT&T’s Seventh Amendment right to a jury trial, relying on a ruling by the Supreme Court in the Jarkesy case, where the Supreme Court held, in connection with fines imposed by the Securities and Exchange Commission, that federal agencies cannot issue fines that are analogous to penalties at common law without providing the right to a jury trial to those accused of the violation.  Following the AT&T decision, the U.S. Courts of Appeals for the D.C. Circuit and Second Circuit issued separate decisions reaching the opposite conclusion – upholding FCC fines imposed on T-Mobile and Verizon for similar violations, finding that the Jarkesy precedent did not apply as FCC fines were not self-executing – they could be collected only after the U.S. Department of Justice sued the offender in federal court, where the issues could be relitigated with a jury. These conflicting decisions created a “circuit split” that provided grounds for the Supreme Court to consider the issue.  The Supreme Court’s decision last week found that, as FCC decisions were not binding unless and until the DOJ sued to collect them, and as the FCC could not penalize a party for not paying a fine until the DOJ prevailed in a Court action where all of the issues that led to the fine could be litigated with no presumption that the FCC’s decision was correct, FCC fines were different than those in Jarkesy. In particular, the Court noted that the SEC alone made the ultimate determination of the facts and law about any violation and could, after imposing a penalty, immediately take collection actions against the violator’s assets.  Unlike with FCC fines, no Court action was necessary before the SEC could collect the fines it imposed.  We will write more on our Broadcast Law Blog later this week about this decision and considerations for broadcasters in assessing its impact on their dealing with FCC-imposed fines. 
  • The U.S. House Communications and Technology Subcommittee held a hearing tilted “Where are We?: Examining Positioning, Navigation, and Timing Capabilities in the United States.”  The hearing focused on several issues including Global Positioning System (GPS) vulnerabilities and the need for Positioning, Navigation, and Timing (PNT) resiliency, and the status of the Broadcast Positioning System (BPS).  At the hearing Subcommittee Chairman Hudson (R-NC) referenced the FCC’s March 2025 Notice of Inquiry exploring how the FCC can support industry efforts to develop new PNT technologies, including the BPS provided by TV stations operating with the ATSC 3.0 transmission standard.  The hearing memo is available here, and further information on the hearing, including video and testimony, is available here.
  • The FCC’s Media Bureau entered into a Consent Decree with two Texas FM translators to resolve its investigation into their compliance with the FCC’s rules.  The Bureau found that the translators were not rebroadcasting their designated primary stations and were impermissibly originating programming.  The Bureau also found that the translators’ ownership changed without prior FCC approval and were controlled by a Mexican citizen for a period of time without FCC approval.  The Bureau further found that one of the translators was not operating with authorized equipment, was off the air or operated at reduced power for about 6 months, and its licensee failed to respond adequately to interference complaints against the translator.  The Consent Decree requires that the licensee make a $50,000 voluntary contribution to the U.S. Treasury and enter into a compliance plan to ensure compliance with the FCC’s rules.

On our Broadcast Law Blog, we discussed the eligibility requirements and the application limits for the upcoming NCE FM translator filing window later this year.

In January, the FCC made public its plans to open a window for the filing of applications for new FM translators in the “reserved band” – between 88.1 and 91.9 – to be operated by licensees of noncommercial stations (see our article here).  When the Commission approved this window at its February regular monthly open meeting, it announced that the Media Bureau would consider whether to implement a 10-application limit for any company seeking construction permits in this window, and it would adopt other eligibility criteria.  This past week, the Media Bureau issued a Public Notice setting out those eligibility criteria. 

In its Public Notice, the Bureau indeed adopted the 10-application limit.  While some parties suggested a higher limit – especially for applications outside of major markets – the Bureau concluded that the 10-application limit worked best to avoid speculation in translator permits and concluded that this limit would ensure a manageable number of applications for the Bureau to process.  The Bureau also adopted lower caps on any translators to be paired with LPFM stations – adopting a four-application cap on translators for Tribal LPFM applicants and a two-application cap on applications for all other LPFM applicants.

Continue Reading FCC’s Media Bureau Sets the Eligibility Rules for Upcoming NCE Translator Filing Window

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The FCC’s Media Bureau released a Public Notice reminding broadcasters that new foreign government sponsored programming identification requirements take effect on June 7.  The FCC released a Report and Order in June 2024 providing broadcasters with standardized certification language to document their already required determinations of whether those who “lease” program time on their stations are foreign governments or their agents.  The Public Notice confirms that this standardized certification language must be used for any new program contracts or renewals of existing agreements after that date.  The June 2024 Order also required that broadcasters verify whether sponsors of ads that are not for commercial products or services are foreign governments or their agents unless those ads come from political candidates whose ads cannot be censored (see our articles here, here, and here).  This would include issue ads and paid PSAs.  The Bureau suspended compliance with this aspect of the 2024 decision for 2 years or until further notice so the FCC can review the public benefits of extending the rules to these ads.  But the Bureau stated that, if a station has actual knowledge that such an ad was provided by a foreign governmental entity, then the enhanced sponsorship identification and online public file obligations required for any program sponsored by a foreign government or its agents are required.  See the article on our Broadcast Law Blog for more on this week’s Public Notice.
  • The Media Bureau released a Public Notice reminding broadcasters of their public interest obligations.  The Bureau stated that broadcasters are public trustees of radio spectrum and must provide programming responsive to the needs and interest of their local communities, and that it can take appropriate action against broadcasters who fail to serve the public interest – including by enforcement action, granting a renewal application with conditions and/or on a short-term basis, requiring stations to file early renewals, or designating an application for hearing.  The Notice stated that the FCC will engage in a “robust review” of applications to ensure broadcasters’ compliance with their public interest obligations and encouraged broadcasters to review and modify their operations to ensure compliance with FCC rules and policies.  The Notice concluded that the FCC would exercise its authority to ensure that broadcasters either fulfill their public interest obligations or it will “provide the privilege of being a broadcast licensee to someone else that will fulfill that duty.”  While no new rules or policies were outlined in this Notice, the release of this Notice one year before the next license renewal cycle begins, and soon after the FCC called for early license renewals from a number of stations, suggests that broadcasters need to heed this warning.
    • The FCC issued Public Notices concerning the license renewal applications from Bridge News and Disney ABC, which the FCC had ordered to be filed early.  These notices discuss the FCC’s next steps in processing those applications.  As we noted last week, Bridge News has asked for reconsideration of the order requiring the early renewals, arguing that the order was not justified by prior FCC precedent.  In the Disney ABC renewal applications, it stated that the applications were filed “under protest” as the call for an early renewal was not supported by FCC precedent and raised many other legal concerns. 
  • The Media Bureau released a Public Notice announcing the adoption of an application limit and eligibility restrictions for the upcoming noncommercial reserved band filing window.  In February, the FCC released a Public Notice announcing its plans to open a filing window in 2026 for new noncommercial FM translator stations in the reserved band (Channels 201-220 – 88.1 through 91.9 MHz) and proposing an application limit and eligibility restrictions (see our article here and note here).  This week’s Public Notice confirmed that applicants must be the licensee or permittee of an existing noncommercial AM or FM station or an LPFM station that the proposed translator will rebroadcast.  Applicants will be limited to 10 applications nationwide, except that Tribal LPFM applicants would be limited to 4 applications and all other LPFM applicants would be limited to 2 applications.  The Bureau also imposed a 4-year holding period – meaning that any translator granted from this window cannot change its primary station or be assigned to an entity (except where both the primary station and the translator are sold together to a single buyer) until the translator has operated for 4 years. 
  • The FCC’s Enforcement Bureau issued Notices of Violation against two commonly owned Illinois AM and FM stations after the Bureau’s inspection of its stations’ towers revealed FCC rule violations.  The Bureau found that the FM station’s tower was not equipped with the required white obstruction lighting and the station failed to update the FCC regarding the tower’s ownership.  The Bureau also found that the paint on AM station’s tower was faded and lacked the required lighting and the station failed to register the structure with the FCC.  The stations must now explain to the Bureau how they will correct their violations and prevent future violations from occurring.  Based on the stations’ responses, the Bureau will consider whether these stations will be subject to penalties for their alleged violations.

On our Broadcast Law Blog, we took a look at the June regulatory dates and deadlines affecting broadcasters including annual EEO public file reports in several states, comment dates in a number of FCC proceedings (including on annual regulatory fees, auction rules for an upcoming FM auction, modification of the TV audible crawl rule, and TV parental ratings systems) – plus the opening of a number of Lowest Unit Charge windows for primary elections in July and August.