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 announced that the upcoming new noncommercial educational FM translator reserved band (88.1-91.9 MHz) filing window has been moved from August to November to accommodate applicants affiliated with schools on summer holidays and other noncommercial companies who argued that an August window did not give them enough time to prepare their applications.  The filing window will now open at 12:01 a.m. ET on November 4, 2026, and will close at 6:00 p.m. ET on November 17, 2026.  The associated filing freeze on all reserved and non-reserved band LPFM, FM translator, and FM booster station minor modification applications that was to begin on July 10 to facilitate the filing window will now begin at 11:59 p.m. ET on October 2, 2026, and will continue until the filing window closes.  See our Broadcast Law Blog article here for more on the filing window and the filing freeze’s rescheduling.
  • The NAB announced that it has released its new Broadcast Station Self-Inspection Guides for AM, FM, and TV.  These guides, prepared in conjunction with the Society for Broadcast Engineers, replace guides that once were furnished by the FCC but which the FCC has not updated in 20 years.  The guides help broadcasters to ensure that their operations comply with FCC rules. The guides are free to NAB and SBE members. 
  • The FCC’s Enforcement Bureau entered into a Consent Decree with iHeartMedia to resolve its investigation into iHeart’s purported violations of the FCC’s sponsorship identification rules.  The investigation began with allegations from Senator Blackburn that iHeart was coercing artists to perform at its events for free or at a reduced cost either through threats of withholding airplay for those artists’ music, or by promising them greater airplay if they performed.  iHeart neither admitted that it violated the sponsorship identification rules nor agreed to pay any sort of penalty.  Instead, for 36 months, iHeart must, among other things, implement a compliance program to avoid any future violations and to report to the Commission on the bands playing at major iHeart events and the airplay these bands receive before and after the event.  We wrote more about this Consent Decree and its meaning for broadcasters in this article on our Broadcast Law Blog.
    • FCC Chairman Carr released a statement regarding the Consent Decree, stating that the FCC “is committed to ensuring that artists – especially up and coming ones – get a fair shake in their dealings with the broadcast industry,” and that the Consent Decree “adds significant new protections and offers the FCC greater transparency to ensure that artists retain their right to decide when and where they will perform.”
  • The Media Bureau released a Public Notice announcing that July 9 was the effective date of certain rules adopted by the FCC in its December 2025 Report and Order, which revised the FCC’s rules applicable to Class A, LPTV, and TV translator stations (see our note here).  The rules taking effect on July 9 cover topics including requiring that applications for new facilities exceeding permissible interference levels include a copy of the interference acceptance agreement between affected parties; allowing LPTV and TV translator stations that are sharing channels to cease sharing and seek a license for a non-shared channel by filing a major modification specifying a new channel; and requiring Class A, LPTV, and TV translator stations to use call signs matching their service designation (“-LD” for LPTV, “-CD” for Class A, and “-D” for TV translators) but grandfathering existing station call signs.  The Bureau noted that stations with non-complaint call signs that are not grandfathered have until July 9, 2027 to change their call sign to a rule complaint call sign.  The Bureau also provided guidance for disclosing other attributable broadcast interests in new and major change LPTV and TV translator applications, and noted that it will issuing a separate Public Notice regarding the treatment of mutually exclusive new and major change LPTV and TV translator applications (which may exist from recent filings arising from the lifting of the freeze on such applications – see our articles here and here).
  • The Media Bureau granted iHeartMedia’s petition for declaratory ruling seeking FCC approval of several new and existing foreign investors’ ownership interests pursuant to Section 310(b) of the Communications Act.  Absent FCC approval, Section 310(b) prohibits foreign entities, individuals, and governments from holding ownership interests of more than 20% in an FCC licensee and ownership interests of more than 25% in a U.S. entity that directly or indirectly controls an FCC licensee.  The Bureau found that approving iHeart’s foreign investment above the 25% threshold was in the public interest as it facilitated access to foreign capital which would allow iHeart to better compete with other media companies, enhance its programming, and potentially encourage reciprocal investment opportunities for U.S. companies in foreign markets.  The Bureau conditioned its approval on iHeart’s continued compliance with its 2020 Letter of Agreement with the U.S. Department of Justice, which requires iHeart to report certain changes in ownership, control, or operations, and to file an annual compliance report.  iHeart must also monitor its foreign equity and voting interests, obtain FCC approval for any new foreign investors holding 5% or greater ownership interests in iHeart, obtain FCC approval for any foreign individual or entity holding a controlling interest in iHeart, and promptly disclose any noncompliance with the FCC’s foreign ownership rules.
  • The Media Bureau released a Notice of Proposed Rulemaking proposing to substitute Channel 285A for vacant Channel 248A at Whitehall, Michigan.  The Bureau stated that a recent staff engineering analysis found the vacant Channel 248A does not comply with the FCC’s minimum distance separation requirements for FM stations and that replacing Channel 248A with Channel 258A would resolve the existing short-spacing conflicts to 3 nearby FM stations.  Comments and reply comments responding to the NPRM are due August 24 and September 8, respectively. 

In addition to the articles on the extension of the NCE translator window and the iHeart Consent Decree, on our Broadcast Law Blog, we wrote about the Blog’s 20th anniversary, and about some of the legal and policy issues that have remained unresolved throughout that period.

This week, the FCC’s Enforcement Bureau entered into a Consent Decree with iHeartMedia to resolve its investigation into whether iHeart violated the FCC’s sponsorship identification rules. Interestingly, iHeart does not admit that it violated any rules, nor does the FCC suggest any specific conduct by iHeart violated any rule.  So why the Consent Decree?  The Decree say that it resolves an investigation into whether iHeart “violated the Commission’s sponsorship identification rules in connection with allegations that iHeart provided artists additional airplay on the Company’s radio stations in exchange for the artists’ performances at Company events, without the disclosure required under the Commission’s sponsorship identification laws.”  What is the disclosure that is required, and when is it required?  Again, the Decree does not make clear what identification would be required, nor does it say exactly what circumstances would trigger the requirement for a sponsorship identification.  So we have to look at the terms of the Decree itself to see if we can piece together exactly what is prohibited and when on-air sponsorship identifications are required. What we ultimately find is that the Decree really conveys a message that applies to broadcasters in many situations – when the station gets free or discounted “stuff” (whether it be a band’s appearance at a station event or free meals at a local restaurant) in exchange for something that is broadcast over the air, the audience needs to know that the airplay was sponsored.

The first place to look in trying to draw some specific guidance from this Decree is at its history.  The Decree stems from an Enforcement Advisory released by the Enforcement Bureau in February 2025, after Senator Blackburn from Tennessee alleged that bands had complained to her about some station practices in strongarming them into playing at station events for free or at reduced pay. The 2025 Advisory warned that any “deals” for bands to play at station events in exchange for more airplay, or any threats (express or implied) to reduce airplay if a band did not appear at an event, would be seen as a violation of the payola and sponsorship identification rules.  The Bureau referred to such threats as “covert manipulation of radio airplay.”  The Advisory states “[w]hen payola causes stations to broadcast programming based on their financial interests at the expense of community responsiveness, the practice is inconsistent with localism.” We wrote more about the Advisory when it was released, and included a broader discussion of the payola rules. 

Continue Reading FCC Consent Decree With iHeart Discusses how Exchanging Airplay for Discounts or Free Stuff Can Trigger Sponsorship Identification Requirements, Including for Songs Played in Exchange for a Band’s Appearance at Station Events

In June 2006, I started writing the Broadcast Law Blog, discussing issues like the broadcast ownership rules, music licensing issues, FCC filing windows for new broadcast stations, AM radio improvements, political broadcasting issues, and an upcoming technology transition for digital television.  It is funny how these same issues, or ones very close to these issues, are still what we are writing about 20 years later.  And they are keeping us busy so that, somehow, with all that is going on in the media world right now, and with a heavy June schedule of speaking at broadcaster’s conventions around the country, I missed noting the 20th anniversary of our first post on June 11, 2006. 

20 years ago, we promised to try to give our take on the important news of the day for broadcasters – and noted that our comments would go beyond traditional broadcasting to cover other media issues saying:

Broadcasting is no longer an island unto itself. Instead, each day it becomes more and more clear that the world that traditional broadcasting inhabits is one that goes far beyond those narrow areas that the FCC has traditionally defined as a broadcast service. Thus, we will be pointing out developments and legal decisions that impact not only traditional over-the-air radio and television stations, but also those in the myriad “new media” that are now so crucial to any understanding of the broadcast industry. Media “convergence,” which has for so long been nothing more than a buzz word thrown around to make it seem like we’re thinking about the future, is finally here, and cannot be ignored in a discussion of the broadcast industry.

Continue Reading We Missed Our Anniversary! – 20 Years of the Broadcast Law Blog

The FCC had scheduled an August 2026 filing window for licensees of noncommercial AM or FM stations and LPFM operators to file applications for new FM translators in the Reserved Band (88.1 MHz to 91.9 MHz) (see our articles here and here on the filing window).  However, after the filing window was announced, CBI, Inc., representing college broadcasters, filed a letter with the Commission that objected to the timing as, during summer months when many schools are on summer breaks and students and administrative staff are often not on campus, getting the necessary approvals for filing and taking the steps needed to prepare an application would be very difficult.  That letter received support from other operators of noncommercial stations who felt that the 60 days from the FCC’s announcement of the deadlines and filing rules was simply insufficient to prepare for the window.  This week, the FCC responded to these complaints, and announced that it has moved the filing window to November.

The window will now open at 12:01 am EST on Wednesday, November 4, 2026, and close at 6:00 pm EST on Tuesday, November 17, 2026. As we noted in our article on the filing application rules, by the November 17 date, applicants need to have complete applications providing all the information necessary to establish the applicant’s claims for points to be used in the FCC’s “points system” to choose between mutually exclusive applicants (applicants who, for technical reasons, cannot both be granted without destructive  interference)(for more on the points system, see our articles here and here).

Associated with the translator window was a filing freeze on applications by LPFM stations, FM translators, and FM boosters both in the Reserved Band as well as the rest of the FM band to provide a stable database for the planning of applications to be filed in the window.  That freeze was to have begun on Friday, July 10 but has now been postponed given the later start of the filing window.  The freeze will begin after 11:59 p.m. ET, Friday, October 2, 2026, and continue through 6:00 pm EST on Tuesday, November 17, 2026.

So noncommercial broadcasters interested in new FM translators now have more time to prepare their applications.  But don’t delay, as these deadlines have a way of arriving far more quickly than you expect. 

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.

  • In Trump v. Slaughter, the U.S. Supreme Court affirmed the President’s power to remove independent federal agency heads by upholding his firing of an FTC Commissioner—a decision seemingly giving the President the power to fire members of most Congressionally created “independent agencies” that exercise executive duties including interpreting and administering laws.  This likely includes the FCC, the SEC, and many other government commissions and agencies. The decision overturned a 1935 Supreme Court decision called Humphrey’s Executor, which had limited the President’s power to remove the heads of independent agencies.  This decision could lead to more partisan administrative agencies with larger policy shifts from one Presidential administration to another. On our Broadcast Law Blog this coming week, we plan to write more about the impact of this decision. 
    • President Trump posted on Truth Social that the Slaughter decision was a “BIG WIN” and a “Historic and Unprecedented Ruling” and noted that the decision “greatly increas[es] Presidential Power at a time when it is most needed!”
    • FCC Commissioner Gomez released a statement critical of the Slaughter decision, stating that it “puts at risk how Congress intended independent agencies to function in American democracy.”  She stated that “Independent agencies exist to make decisions based on facts and the law…. [W]hen commissioners can be removed for their policy views rather than for cause, the inevitable result is an agency that pulls its punches and defers to political winds rather than the record before it.” Gomez also stated that “we are already seeing what political control of this agency looks like in practice, through investigations targeting broadcasters and government critics for coverage this administration finds unfavorable.”
  • The Supreme Court also released its decision in National Republican Senatorial Committee v. Federal Election Commission, holding that federal political parties can coordinate their campaign activities, including their advertising spending, with their candidates.  Before this decision, parties were only able to spend a small amount of money in coordination with their federal candidates. Based on a March Public Notice released by the FCC’s Media Bureau stating that coordinated party spending is to be accorded lowest unit rates in the 45 days before a primary and the 60 days before a general election, the Court’s decision will likely mean much more political advertising will be at lowest unit rates as parties, who previously had to buy at issue rates, will now be able to place ads authorized by federal candidates at the LUC rates.  For more on this decision and some of the issues it leaves unanswered, see our Broadcast Law Blog article here.
  • The FCC released the full text of its Report and Order and Further NPRM adopted at its regular monthly Open Meeting last week to increase the security of the Emergency Alert System (EAS).  As we detailed in our article here, the Order requires that broadcasters, within 60 days, comply with new rules setting out 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.  The requirements include stricter password controls, updates to EAS systems and equipment, and putting all parts of the system behind a firewall or otherwise isolating it from other Internet-connected devices.  The FNPRM seeks comments on several other proposals including whether to require authentication of all EAS alerts before transmission, taking other steps to make EAS alerts more accurately targeted, and whether software-based EAS encoders/decoders should be allowed in addition to the current hardware devices.
  • The FCC released two draft items on satellite earth station issues that it will consider at its next regular monthly Open Meeting on July 22:
    • The FCC released a draft Report and Order and Further Notice of Proposed Rulemaking, which, if adopted, would make significant changes to its space and earth station rules.  For earth stations, the changes would include extending license terms to 20 years; allowing earth stations to be licensed on a nationwide, non-site basis; permitting conditional grants for earth stations while frequency coordination remains ongoing under certain circumstances; and standardizing and streamlining earth station application procedures and processing.  In the FNPRM, the FCC seeks comments on several issues including whether to retain rules for receive-only earth stations, possible revisions to certain earth station technical rules and definitions, and further refinements to the nationwide, non-site earth station license rules.
    • The FCC also released a draft Report and Order, Order of Proposed Modification, and Order on Reconsideration, which, if adopted, would reconfigure the Upper C-band (3.7-4.2 GHz) for terrestrial wireless flexible use through an auction of a portion of the band (3.98-4.14 GHz) with a portion of the band acting as a guard band (4.14-4.16 GHz).  This will require the clearing of incumbent operators from the 4.0-4.16 GHz portion of the band, including earth stations that recently relocated from the lower C-band.  This will include broadcasters who receive satellite-delivered programming in that band.  The draft item establishes a deadline of June 30, 2031 for relocation of all incumbent operators from the 4.0-4.16 GHz portion of the band (which some operators will have to clear by December 30, 2030).  As with the previous lower C-band transition, the draft item states that incumbent operators will be reimbursed for certain relocation costs.  The draft item also states that incumbent operators remaining in the 4.16-4.2 GHz portion of band will receive interference protection. 
  • The FCC announced that June 30 is the effective date of its May Report and Order streamlining Disaster Information Reporting System (DIRS) filing obligations, which are voluntary for broadcasters.  While under FCC Chairwoman Rosenworcel, the FCC proposed requiring TV and radio stations to report their operating status during disasters in the FCC’s DIRS database (see our note here), the Order did not make the filing mandatory.  The FCC did adopt a “one-click” filing option to reduce all DIRS participants’ filing burdens.
  • The FCC issued a $40,000 fine against an individual in Waterbury, Connecticut 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.

On our Broadcast Law Blog, in addition to the articles on the steps broadcasters are required to take to secure their EAS systems and on the impact of the Supreme Court decision on political parties being able to coordinate their spending with their candidates on broadcasters’ obligations to offer lowest unit rate to party ads and, we highlighted July regulatory dates and deadlines affecting broadcasters.

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.