On September 4, as we noted in our weekly update of regulatory activity of importance to broadcasters, the Supreme Court seemingly decided that Lowest Unit Rates for this year’s elections would be governed by the Media Bureau’s March Public Notice – the Public Notice announcing that ads from political parties and joint fundraising committees, when approved by a federal candidate, would get those rates. The Supreme Court stayed a decision of the 4th Circuit Court of Appeals that had found that ads from these groups did not get LUR, interpreting the law to say that those rates only applied to candidates themselves, not to other groups even if authorized by the candidate (see our article here about the 4th Circuit decision).  As the Supreme Court decision was released on September 4, the first day of the LUR period for the November elections, many assumed that we heard the end of this dispute until the Supreme Court gets around to resolving the substantive issues, a decision unlikely to occur until sometime next year.  But we were wrong, as there was a new flurry of activity this past week. Let’s look at the Supreme Court’s decision and the activity it triggered last week. 

The Supreme Court’s decision never addressed the substance of the issue of whether ads from political parties and joint fundraising committees, when authorized by federal candidates, should get LUC.  Instead, the decision stayed the 4th Circuit decision because the 4th Circuit had ruled on the issue before the full Commission had the opportunity to address challenges to the Media Bureau decision.  As other courts have held that the Commission must first rule on a Bureau decision before a judicial appeal can be brought, the Supreme Court found that the 4th Circuit decision departed from the reasoning of those of other courts.  That procedural conflict as to whether the controversy was ripe for court review had to first be resolved before the substance of the matter could be addressed.  The Supreme Court decision thus stayed the effectiveness of the 4th Circuit decision until the Supreme Court can resolve this conflict.  That resolution would determine whether the 4th Circuit had the power to review the substantive issues about LUC without the Commission having first ruled on challenges to the Media Bureau’s Public Notice.

Continue Reading More Action on Issues About Lowest Unit Rates for Political Parties and Joint Fundraising Committees After Supreme Court Decision – Where Do These Actions Leave the Broadcaster?

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 Public Safety and Homeland Security Bureau announced that the FCC, in coordination with FEMA, will conduct a nationwide test of the Emergency Alert System at 2:20 p.m. ET on November 17 (with December 3 as a back-up date if the test must be rescheduled).  All EAS participants, including broadcasters, must participate in the EAS test and must make the required filings in the FCC’s EAS Test Reporting System (ETRS).  The required ETRS filings are as follows: ETRS Form 1s, identifying licensees and their EAS equipment, are due October 30; ETRS Form 2s, reporting on the receipt of the test, are due at 2:20 p.m. ET on November 19 (or at 2:20 p.m. ET on December 5 if the test is rescheduled); and ETRS Form 3s, providing more details about the test reception, are due January 4, 2027 (or on January 18, 2027 if the test is rescheduled).  We provide more details about this nationwide EAS test on our Broadcast Law Blog, here.
  • The House of Representatives passed the AM Radio for Every Vehicle Act.  The bill will now have to be approved by the Senate before the end of the year (which is the end of this session of Congress), and signed by the President, before it becomes law.  We wrote about this bill, which would require that AM radios be in all cars sold in the United States, when it was originally introduced, here, and again when it was reintroduced with some minor changes in the current session of Congress here.
  • The FCC’s Media Bureau released a Public Notice announcing that comments and reply comments are due September 25 and September 30, respectively, on an application for review filed in April by group of Democratic political candidates.  They seek full Commission review of the Bureau’s March Public Notice which “reminded” broadcasters that Lowest Unit Charges (LUC) applied to advertising by joint fundraising committees and political parties if that advertising was authorized by a federal candidate (see our article here).  Noting the prior lack of opportunity for comment on the application for review, the Bureau asks for comment not only on the application for review, but on all issues raised in the Public Notice—which likely includes issues that TVB raised in its separate petition for reconsideration of the Public Notice—which the Bureau dismissed last month (see our note here), and on which TVB also has sought full Commission review.  Earlier this month, the U.S. Supreme Court stayed the 4th Circuit Court of Appeals’ decision vacating the Bureau’s Public Notice following a judicial appeal by the same Democratic candidates (see our article here on the 4th Circuit decision).  The Supreme Court’s decision, relying on procedural questions about whether the 4th Circuit was allowed to act before the full Commission had dealt with the application for review, reinstated the Public Notice providing for LUC for these joint fundraising committees and political party ads until the Court can fully consider the merits of the case—likely well after the upcoming election.  However, this week, the Democratic candidates returned to the 4th Circuit asking the Court to force the full Commission to act, which could moot the Supreme Court’s procedural concerns. Look for an article providing more information about these actions on our Broadcast Law Blog tomorrow. 
  • The Media Bureau released a Public Notice announcing that comments and reply comments are due October 19 and November 18, respectively, responding to XGN/X1 Mobile and Tyche Media’s petition for rulemaking requesting that the FCC allow LPTV stations to use the 5G Broadcast transmission standard as an alternative to the ATSC 1.0 and 3.0 transmission standards.  The petition proposes authorizing deployment of the 5G Broadcast standard on a voluntary basis.  The proposal would require that 5G Broadcast stations offer a high-quality linear free-to-air stream, and it would prohibit any LPTV station qualifying for mandatory MVPD carriage from implementing 5G Broadcast operations.
  • The U.S. Senate Commerce Committee postponed the September 17 hearing at which it was to consider the nomination of Danielle Thumann (Severs) for one of the vacant seats on the FCC because Thumann had a baby this past week.  Thumann currently works as Senior Counsel to FCC Chair Brendan Carr.  Earlier in her legal career, in addition to other positions at the FCC, she worked for Crown Castle tower company and the Wilkinson Barker Knauer law firm in Washington.  She has been nominated to fill the vacant Republican seat on the FCC.  The Committee has not set a new hearing date yet.
  • The Media Bureau issued a Declaratory Ruling granting Paramount’s petition to exceed the foreign ownership limits of 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 more than 25% in a U.S. entity directly or indirectly controlling an FCC licensee.  The Bureau granted Paramount’s request for existing and future foreign investors to hold indirect equity interests above the 25% statutory benchmark; and it gave specific investors from Saudi Arabia, the United Arab Emirates, and Qatar the ability to hold indirect equity interests of more than 5% and provided advance approval for those investors to hold indirect equity interests up to 20%.  The Bureau found that granting the petition was in the public interest because it would increase the company’s access to capital, allowing it to compete more effectively and improve its investments in local news and journalism.  The Bureau conditioned its approval on Paramount’s compliance with its Letter of Agreement with the U.S. Department of Justice, which prohibits the approved foreign investors from involvement in the company’s management and access to certain non-public company information.  Paramount must also monitor its foreign equity and voting interests; obtain FCC approval for any other foreign investors holding at least 5% (or at least 10% for certain passive investors); obtain FCC approval for any foreign individual or entity holding a controlling interest in Paramount; and promptly disclose any noncompliance with the foreign ownership rules.
  • The FCC’s Enforcement Bureau issued several Notices of Illegal Pirate Radio Broadcasting to property owners in New York City, Brooklyn, New York, Mount Vernon, New York, the Bronx, New York, and Lake Worth, Florida for allegedly allowing pirates to broadcast from their properties.  The Bureau warned the property owners that the FCC may issue fines of up to $2,453,218 under the PIRATE Radio Act against each owner if they continue allowing pirate radio broadcasting from their properties.
  • The Media Bureau released an Order amending the FM Table of Allotments to reinstate the following allotments as vacant due to the cancellation of station authorizations or the dismissal of applications: Channel 257C1 at Fowler, Colorado; Channel 266A at Parachute, Colorado; Channel 234C3 at Horseshoe Beach, Colorado; Channel 235C2 at Coushatta, Louisiana; Channel 280A at Arcadia, Missouri; Channel 294C2 at Ellington, Missouri; Channel 285C at Ellsworth AFB, South Dakota; and Channel 265C3 at Huntingdon, Tennessee.  The FCC will at a later date announce when applications can be filed for these allotments.
  • The Enforcement Bureau issued a Notice of Violation against a Michigan AM station after the Bureau’s inspection revealed that the station failed to maintain its station log listing EAS test receipts; its EAS receivers were not monitoring the stations specified by the Michigan State EAS Plan; the station was operating at 36.6% above its authorized power level; it was unable to operate within its authorized nighttime parameters; and it was not operating with an antenna monitor as required for AM stations using a directional antenna.  The station must now explain to the Bureau how it will correct the rule violations and prevent future violations from occurring.
  • The Media Bureau acted on two mutually exclusive LPFM construction permit applications (applications that cannot both be granted in compliance with the FCC’s technical rules designed to prevent interference) proposing new LPFM stations in Bartlett and Memphis, Tennessee.  The Bureau dismissed the Bartlett application because the applicant failed to demonstrate that it had reasonable assurance of its proposed tower site’s availability and failed to demonstrate compliance with the LPFM localism requirement (either physically headquartered or 75% of its board members resided within 20 miles of its proposed station’s transmitter site).  The Bureau then granted the Memphis application as it was the sole remaining application in the group. 

The FCC’s Public Safety and Homeland Security Bureau this week announced in a Public Notice that, in coordination with FEMA, the FCC will conduct a Nationwide EAS test scheduled for November 17 (with a back-up date of December 3 if there is a real emergency or another reason that the test can’t be conducted on the initial date) – the first such test since 2023.  With a nationwide test now scheduled, broadcasters (and other EAS participants including cable and satellite radio companies) have required filing obligations in the EAS Test Reporting System (ETRS), starting with the filing of ETRS Form One by October 30.  Form One provides basic information about each participating licensee, including a station contact person, information about its EAS equipment and locations, and the primary EAS stations being monitored.

The test will be originated at 2:20 p.m. Eastern Time (ET), on November 17, 2026, using the Integrated Public Alert and Warning System (IPAWS). That is the Internet-delivered EAS system, so stations should be confirming that their equipment is connected to the Internet and ready to receive the test message.  The test will be distributed in both English and Spanish as a Common Alerting Protocol (CAP) message using the Nationwide Test of the Emergency Alert System (NPT) event code. The test message audio and text, which is designed to be identical to the greatest extent possible, is as follows: “This is a nationwide test of the Emergency Alert System, issued by the Federal Emergency Management Agency, covering the United States from 2:20 to 2:50 hours ET. This is only a test. No action is required by the public.”

After the test, licensees will be required to complete and submit ETRS Forms Two and Three.  Form Two is to be filed within 48 hours of the completion of the test, and it essentially reports whether or not the test was received and transmitted by the station.  Form Three provides more detailed information about the results of the test.  These deadlines were spelled out by the Public Notice as follows:

•  All EAS Participants must submit their annual ETRS Form One for calendar year 2026

no later than October 30, 2026.

•  All EAS Participants must file ETRS Form Two within 48 hours of the nationwide test.  The deadline for Form Two filings is 2:20 pm ET on November 19, 2026, or, if the test is conducted on the alternative date, 2:20 pm ET on December 5, 2026.

•  All EAS Participants must file ETRS Form Three to provide detailed post-test data within 45 days following the nationwide test, which will be on or before January 4, 2027, or, if the test is conducted on the alternative date, on or before January 18, 2027.

ETRS Forms Two and Three will become available in the FCC’s filing system on November 17, 2026, at the time of initiation of the 2026 nationwide test.

The FCC suggests steps to be taken by licensees to prepare for the test, including:

•  Ensuring that a copy of the EAS Operating Handbook is located at normal duty positions, or at any other EAS equipment locations, and is otherwise immediately available to operators;

•  Reviewing the EAS Operating Handbook for the actions to be taken by operators upon

receipt of the test alert, and tailoring any actions as necessary that are specific to the EAS

Participants’ facilities;

•  Reviewing their State EAS Plan for monitoring assignments and ensuring that EAS

equipment is accurately configured to monitor those sources;

•  Updating EAS equipment software and firmware to the most recent version; and

•  Manually synchronizing EAS equipment clocks to the official time provided by the National Institute of Standards and Technology if an EAS Participant’s equipment does not automatically synchronize to an Internet time source.

The FCC’s highlighting of the concern about software and firmware not being updated is tied to the finding in the last test of a significant number of stations that were using outdated equipment that may have interfered with their ability to receive the alert.  As we noted in a number of recent articles (see, for instance, our articles here and here), by September 29, all broadcasters are required to have installed all necessary equipment and software updates as part of the new requirements for EAS security. 

In recent months, as the FCC has rolled out these EAS security obligations, I have been asked how those obligations will be enforced.  One way may be through these nationwide tests – where an alert is not received by a station that has not updated its EAS equipment, that station could be found to be in violation of the new rules.

The Public Notice clarifies who is subject to these requirements (i.e., all broadcasters except those who do not originate any programming) by setting out the following specific information:

All EAS Participants—including Low Power FM stations (LPFM), Class D non-commercial educational FM stations, and EAS Participants that are silent pursuant to a grant of Special Temporary Authority—are required to register and file in ETRS, with the following exceptions:

• Analog and digital low power television (LPTV) stations that operate as television broadcast translator stations that entirely rebroadcast the programming of other broadcast televisions stations are not required to register and file in ETRS.

• FM broadcast booster stations and FM translator stations which entirely rebroadcast the programming of other local FM broadcast stations are not required to register and file in ETRS.

• International broadcast stations are not required to register and file in ETRS.

• Analog and digital broadcast stations that operate as satellites or repeaters of a hub station (or common studio or control point if there is no hub station) and rebroadcast 100 percent of the programming of the hub station (or common studio or control point) are not required to register and file in ETRS. However, the hub station (or common studio or control point) is required to register and file in ETRS.

Broadcasters need to be prepared for this test and take all of their reporting obligations seriously.  In the past, we have warned that, at some point, the FCC will start fining stations that do not participate or who do not timely file the required ETRS forms.  We recently noted an FCC Consent Decree agreeing to a penalty of $27,000 from a Texas TV station that had not participated in recent nationwide tests and had filed incorrect ETRS information.  That penalty was a reduction from an initial fine of $369,190 after the licensee provided the FCC with evidence that it did not have the ability to pay the higher penalty.  The licensee had tried to excuse its incorrect filings by arguing that it did not understand its EAS obligations or the nationwide EAS test system.  The amount of the initial fine shows that the FCC does not accept ignorance as an excuse for EAS noncompliance.  So read the Public Notice and the links that it cites, talk to your engineers and legal advisors, and be prepared to participate in the upcoming nationwide EAS Test and to timely file all of the required ETRS reports. 

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 September 30 regular monthly Open Meeting, would significantly revise the FCC’s procedures under the National Environmental Policy Act (NEPA) for determining if constructing communications facilities, including broadcast towers, affect the environment.  These reforms limit the actions subject to FCC environmental review and streamline and expedite the review process for those projects that remain subject to NEPA.  The reforms generally require review of broadcast activities only when the construction of a new tower requires an Antenna Structure Registration.  The Further Notice seeks comment on the FCC’s related National Historic Preservation Act (NHPA) framework, including whether the FCC’s spectrum licensing procedures trigger the need for historic preservation review and whether the FCC should undertake changes like those planned for NEPA review that would make the FCC’s NHPA framework more efficient. 
  • The U.S. Senate Commerce Committee announced that it will hold a hearing on September 17 where it will consider the nomination of Danielle Thumann (Severs) for one of the vacant seats on the FCC.  Thumann currently works as Senior Counsel to FCC Chair Brendan Carr.  Earlier in her legal career, in addition to other positions at the FCC, she worked for Crown Castle tower company and the Wilkinson Barker Knauer law firm in Washington.  She has been nominated to fill the vacant Republican seat on the FCC.  As no one has been nominated for the vacant Democratic seat, and as Democratic Commissioner Gomez’ term has expired as well (though she can continue to serve through the end of 2027), there is some speculation that Senate Democrats will try to hold up her confirmation until a Democratic nomination is made.
  • The FCC’s Media Bureau released an updated Media Bureau Fact Sheet correcting the 2026 regulatory fee amount for LPTV, Class A TV, and TV translator stations ($255).  The original Media Bureau Fact Sheet released last week provided an incorrect 2026 fee amount for these stations, and this change matches the fee owed by these stations as set out in the FCC’s August Report and Order, which officially set the 2026 fee amounts.
  • The U.S. Court of Appeals for the District of Columbia Circuit dismissed a petition for writ of mandamus filed by several former FCC chairs, commissioners, staff, and public interest groups asking that the Court order the FCC to act on their petition filed in November 2025 seeking an FCC determination that the news distortion policy should be abolished.  As we noted here, the petition was titled a “Petition for Special Relief” and argued that the policy violates the First Amendment because the FCC was using it to suppress viewpoints critical of President Trump and the policy cannot be applied without embroiling the FCC in prohibited content-based decision making.  In June, the Media Bureau dismissed the petition, finding that the FCC’s rules did not explicitly allow a “special relief” petition to be filed to change a Commission policy (see our note here).  The petitioners subsequently argued to the Court that the Bureau’s dismissal was part of a pattern of unreasonable delay by the Commission in acting on their petition, while the alleged pattern of abuse of the news distortion policy continued to suppress the First Amendment rights of broadcasters and journalists.  The Court rejected the petitioners’ request in a very short order, finding that they failed to show that they could not obtain review of the Bureau’s dismissal of their petition by the full Commission before appealing the decision to a federal court.
  • The Media Bureau released a Public Notice announcing that October 11 is the deadline for all U.S.-based “foreign media outlets” classified as “an agent of a foreign government” under the Foreign Agents Registration Act to notify the FCC of their relationship to, and whether the outlet receives any funding from, a foreign government or political party.  This requirement applies to companies providing video programming to cable and satellite television systems.  The FCC must report to Congress every 6 months on the operations of U.S.-based foreign media outlets, with the next report due on or before November 11.
  • FCC Commissioner Gomez issued a statement after late-night ABC host Jimmy Kimmel announced that his interview with Democratic Texas State Representative James Talarico—who is also a candidate for the Texas U.S. Senate seat—will not air on ABC network TV stations due to the FCC’s alleged pressure campaign against ABC.  Gomez said that the decision “shows just how far this Administration’s campaign of censorship and control has gone.” Gomez also said that “any attempt to pressure broadcasters into self-censorship undermines both press freedom and the public’s right to hear from candidates in their communities seeking public office,” and that “the FCC has no lawful authority to threaten broadcast licenses over guest bookings or editorial decisions.” 
  • The Media Bureau released a Memorandum Opinion and Order granting a Washington TV translator licensee’s petition requesting reconsideration of the Bureau’s 2023 Forfeiture Order fining the licensee $4,500 for filing its 3 translators’ license renewal applications over 2 months late.  In the Forfeiture Order, the Bureau found that the licensee failed to timely respond to the underlying Notice of Apparent Liability for Forfeiture (NAL), by paying the proposed fine or seeking its reduction or cancellation.  The Bureau found that while the licensee did not timely respond to the NAL, it was in the public interest to reduce the fine to $600 due to the licensee’s documented inability to pay the fine. 
  • The FCC’s Enforcement Bureau issued a Notice of Violation against a Texas broadcaster because the top beacon on the broadcaster’s tower was not lit as required by its Antenna Structure Registration and the beacon had not been repaired after several Bureau inquiries.  The broadcaster must now explain to the Bureau how it will correct the rule violations and prevent future violations from occurring.

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 announced that September 24 is the deadline for paying the 2026 annual regulatory fees which were set by the FCC’s August Report and Order announcing the amounts of those fees.  The FCC and its Bureaus also released the following guides and fact sheets providing details for filing and paying the 2026 regulatory fees: Media Bureau Fact Sheet (for broadcast station fees), Full-Service TV Station Fees (listing each full-power TV station’s fee), Space Bureau Fact Sheet (for earth station fees), Payment Methods and Procedures Public Notice (detailing use of the CORES database to pay fees by wire transfer, ACH, or credit card—checks and money orders cannot be used to pay fees) Waiver, Reduction, Deferral, and Installment Payment Requests Public Notice (explaining how to request a fee waiver or deferral or an installment payment plan due to financial hardship), and Regulatory Fee Exemptions Public Notice (noting fee exemptions, including the de minimis exemption for entities with total fees less than $1,000 and the noncommercial station exemption).  The FCC also opened its 2026 fee lookup database where radio broadcasters can check their stations’ fees.  See our Broadcast Law Blog article here for more on broadcasters’ 2026 regulatory fees.
    • As a reminder of the importance of timely paying regulatory fees, the FCC’s Media Bureau and Office of Managing Director revoked a Montana FM station’s license for its failure to pay its delinquent regulatory fees or to show cause why payment should be waived or deferred.  In April, the station was issued an Order to Pay or Show Cause requiring the station, within 60 days, to either pay its delinquent regulatory fees or explain why it cannot pay the fees.  The station’s license was revoked after it neither timely responded to the Order nor paid its delinquent fees.  The station has an unpaid regulatory fee debt totaling $6,754.80 for fiscal years 2021, 2022, and 2023.  The Bureau noted that the station’s license revocation did not relieve it of its obligation to pay its delinquent fees (as the FCC could pursue collection of these fees).
  • The US Supreme Court issued a short decision staying the recent decision of the 4th Circuit Court of Appeals, which had rejected the FCC Media Bureau’s Public Notice that extended LUC to political parties and joint fundraising committees.  The 4th Circuit had found that, under the law, only candidates were entitled to those rates (we wrote about the 4th Circuit decision on our Blog, here).  The Supreme Court found that the Republican campaign committees that had sought the stay of the 4th Circuit decision had met the requirements for a stay, largely on procedural grounds.  The Supreme Court found that the 4th Circuit decision allowed the consideration of an appeal from an FCC staff decision, before the full Commission had considered it, which is in conflict with decisions of other Courts of Appeal that have held that full Commission review was a prerequisite to consideration of any judicial appeal.  Because of this conflict, the Supreme Court may have to review the case to resolve this conflict.  The Supreme Court also found that the Republican committees had satisfied the requirement for a stay that they show irreparable harm if a stay is not granted as the Republican groups would be harmed by having to pay more for advertising if the Public Notice was not in effect.  By granting the stay, the Public Notice’s interpretation of the application of LUC applies, so it appears that political party advertising and that of joint fundraising committees, if authorized by a federal candidate, is now subject to LUC until the Supreme Court can fully consider the merits of the case, likely well after the upcoming election.
  • The National Association of Broadcasters applauded the decision of House Majority Leader Steve Scalise to schedule a vote of the full House of Representatives on the AM Radio For Every Vehicle Act.  The vote is scheduled to occur during the week of September 14.  If approved by the House, the bill will have to be approved by the Senate before the end of the year (which is the end of this session of Congress), and signed by the President, before it becomes law. We wrote about this bill, which would require that AM radios be in all cars sold in the United States, when it was originally introduced, here, and again when it was reintroduced with some minor changes in the current session of Congress here. 
  • The FCC moved to dismiss the lawsuit filed by Disney/ABC seeking to block the FCC’s early consideration of the ABC stations’ license renewal applications.  As we noted here, Disney has argued that the early consideration of the license renewals was politically motivated and violated its First Amendment rights.  The FCC’s motion argues that the Court does not have jurisdiction to consider procedural actions of the Bureau staff which, it alleges, were motivated by a review of Disney’s EEO practices, not questions about its speech.
  • The Media Bureau announced pleading deadlines for Spanish Broadcasting System’s (SBS) transfer of control applications proposing SBS’ post-bankruptcy organization plan and its associated foreign ownership petition.  SBS proposes to emerge from Chapter 11 as a reorganized entity with its existing stock cancelled in exchange for new stock and notes.  SBS also filed a petition seeking FCC approval of its new and existing foreign investors’ ownership interests pursuant to Section 310(b) of the Communications Act.  Absent FCC approval, Section 310(b) prohibits foreign ownership interests greater than 20% in an FCC licensee and foreign ownership interests greater than 25% in a U.S. entity directly or indirectly controlling an FCC licensee.  SBS seeks approval for its foreign ownership interests to exceed the 25% statutory benchmark, specific approval for certain foreign investors to hold greater than 5% ownership interests, and advance approval for its foreign investors to increase their ownership interests in the future up to a non-controlling 49.99%.  Petitions to deny the transfer applications and the foreign ownership petition are due October 2, oppositions to any petitions to deny filed are due October 19, and replies to any oppositions filed are due October 26.
  • The FCC’s Enforcement Bureau issued a Notice of Violation against a Michigan FM translator station’s licensee after the Bureau’s inspection revealed that the licensee failed to file a minor modification application for changes to the translator’s antenna system and because the translator was operating at 394% of its authorized transmitter power output.  The licensee must now explain to the Bureau how it will correct the rule violations and prevent future violations from occurring. 

It is time for all commercial operators to pay your annual regulatory fees.  Each year, broadcasters (and other entities regulated by the FCC) are required to pay fees that are used to fund the FCC.  These fees are due each year before the October 1 start of the new federal government fiscal year.  This week, the FCC announced that 2026 Regulatory Fees must be received by the FCC no later than 11:59 PM Eastern Daylight Time on September 24, 2026. All regulatory fees must be paid using the CORES platform. That platform is now open for the payment of these fees.  Be sure to pay on time, as if you pay late, you will be assessed a 25% penalty, interest may accrue on the balance after the due dates, and the FCC can withhold action on and even dismiss applications filed by a licensee that did not timey pay their fees.  

The Media Bureau’s Fact Sheet provides a detailed reference for the calculation of fees for different broadcast services (including the fees for construction permits) and the process by which payments can be made.  Licensees may find that some station fees have been preloaded into CORES, but radio licensees can always check the FCC’s regulatory fee look-up website, http://fccfees.com/, before paying to confirm the amount due for each station. This site will also inform the payee of the relevant codes needed to input into CORES for any station fees that are manually uploaded. Full-power television stations will find their fees in the chart found in Appendix F of the Report & Order. As in prior years, the FCC has set a de minimis threshold of $1,000. If the total amount owed by a licensee is $1,000 or less, that licensee does not owe any regulatory fees.  Broadcasters who are also the licensees of earth stations should review the Fact Sheet from the Space Bureau about those fees.  Broadcasters who have other nonbroadcast private radio licenses should review the Fact Sheet from the Wireless Bureau.

Continue Reading Annual Regulatory Fees Due September 24 – FCC Releases Detailed Instructions for Payments

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 Report and Order setting its annual regulatory fees for 2026.  The FCC increased TV station fees by approximately 6.2% from last year.  The FCC also adopted increases in the fees for full-power radio and earth stations (transmit/receive and transmit only) but decreased fees for LPTV, Class A, TV/FM translators, and FM boosters.  We expect that early this coming week the FCC will issue a Public Notice announcing the dates for the payment window (which will require payment before the October 1 start of the federal government’s new fiscal year) and that the Media Bureau will release a fee filing guide for the broadcast services.
  • The U.S. Court of Appeals for the Fourth Circuit vacated the FCC Media Bureau’s March Public Notice extending Lowest Unit Rates (LUR) to joint fundraising committees and political parties where their political ads are authorized by federal candidates (see our Broadcast Law Blog article here).  The Court rejected the FCC’s contention that uses of a broadcast station by these groups were the equivalent of a use by a federal candidate, finding that, under both FCC precedent and the federal campaign finance laws, only candidates and their principal campaign committees were entitled to LUR.  The Court also rejected a request for a stay of its order filed by the Republican Senatorial and Congressional campaign committees, and it instead ordered that its decision should be effective immediately.  The Republican committees have now sought a stay of the 4th Circuit decision, asking the Supreme Court to require that the Public Notice’s requirement that these rates be extended to political parties and joint fundraising committees be reinstated before the start of the September 4 window.  For more information about the Court’s decision and its impact on broadcasters, see our Blog article here.
    • FCC Commissioner Gomez released posted on X that the Fourth Circuit’s decision was “a victory for transparency, the rule of law and for broadcasters who would’ve been asked to shoulder most of the costs of these dark money ads.”
  • The Media Bureau released a Public Notice providing further guidance on applicant eligibility and the points system criteria for evaluating applications filed in the upcoming noncommercial reserved band (88.1-91.9 MHz) FM translator filing window, which will be open between November 4 and 17, 2026 (see our Blog articles here, here, and here).  According to the Public Notice, an applicant proposed as the assignee or transferee of an NCE AM or FM station or an LPFM may file in the window if its assignment/transfer application has already been filed and the applicant requests waiver of the filing window’s eligibility and application rules (applications had been limited to applicant’s who are already the licensee of an NCE station or an LPFM).  The Bureau also stated that the licensee of a noncommercial FM or LPFM station operating under a time-share arrangement may file in the window, but that any translator it receives can only operate during their primary station’s authorized operating hours.  In addition, the Bureau stated that, for an applicant to qualify for 3 points as an established “local” applicant under the points system used to decide between mutually exclusive applications filed in the window, the translator must cover some portion of its proposed community of license with its 60 dBu service contour.  And to claim 2 points for diversity of ownership, an applicant must have no overlap between the proposed translator’s 60 dBu service contour and the primary service contour of a commonly owned station (an FM or LPFM station’s 70 dBu service contour or a non-fill-in FM translator’s 60 dBu service contour).  The Notice announced that FCC Form 2100 – Schedule 349 is now available in the FCC’s LMS system for applicants to begin drafting their construction permit applications for filing in the November window. 
  • The FCC released a Small Entity Compliance Guide summarizing the requirements and procedures for the upcoming Auction 114, where the FCC will auction 132 construction permits for new FM stations (see the list of available channels here).  The auction was announced in May, and bidding is scheduled to begin on February 2, 2027.  Parties interested in participating in the auction must file their FCC Form 175 “short-form” construction permit applications, in which they must specify which of the vacant FM allotments they intend to bid, between 12:00 p.m. ET on September 14, 2026 and 6:00 p.m. ET on September 30, 2026.  For more information on this auction, see our Blog articles here and here. 
  • The US Court of Appeals for the District of Columbia Circuit dismissed an appeal of a 2025 decision by the U.S. District Court for the District of Columbia which dismissed a lawsuit filed by SGCI Holdings III LLC, the Standard General company that sought to acquire the TEGNA television stations, and its managing member Soohyung Kim, against the FCC, former FCC Chairwoman Rosenworcel and former FCC Media Bureau Chief Holly Sauer, broadcast station owner Byron Allen and his company (an allegedly unsuccessful bidder for the TEGNA stations), and a number of other individuals and groups including parties who argued before the FCC against the approval of the transaction.  The lawsuit alleged that the defendants conspired to cause the FCC to “pocket veto” the transaction by designating it for hearing for discriminatory reasons because Mr. Kim was not the “right type of minority” (we wrote about the hearing designation here).  The Court of Appeals upheld the decision of the District Court on a number of grounds including finding that the plaintiff had not shown evidence of racial discrimination.
  • The Media Bureau entered into a Consent Decree with a group of Kentucky radio stations to resolve the Bureau’s investigation into the stations’ violations of FCC rules.  The stations admitted that they failed to obtain Special Temporary Authority as required for stations that were silent or operating with reduced power for 30 days, failed to timely upload documents to their Online Public Inspection Files (“OPIF”), and failed to disclose their OPIF violations in their renewals (applicants being required to certify that all documents have been timely uploaded to their public files or provide an explanation as to why they were not).  The Bureau also found that the stations filed their renewals one month late.  The Consent Decree requires that the stations implement a compliance plan to ensure that future FCC rule violations do not occur but does not require the stations to pay a financial penalty due to their demonstrated inability to pay.
  • The Media Bureau released a Notice of Proposed Rulemaking proposing the substitution of UHF Channel 14 for VHF Channel 2 at Colusa, California.  The TV station proposing the substitution asserts that use of the UHF channel would serve the public interest by improving its viewers’ reception and increasing the population served within the station’s service contour without causing impermissible interference to any other stations. 

On our Broadcast Law Blog, we posted our look ahead to the regulatory issues of importance to broadcasters in September and early October.  We also published an article that discussed the FCC Enforcement Bureau’s first EEO audit notice for 2026, and the issues all broadcasters should be aware of so that they are prepared for their next EEO review.

It is time for our look at September’s regulatory dates and deadlines to which broadcasters should be paying attention, and the deadline that probably is most important to all commercial broadcasters is not yet known.  That, of course, is the deadline for the payment of annual regulatory fees, which must be made before the federal government’s October 1 start of the new fiscal year.  The FCC on Friday announced the amount of those fees, and we expect that this coming week, the payment window will be set, and the FCC will issue fee filing guides for all the industries regulated by the FCC – including a Media Bureau filing guide for broadcasters.  Stay alert for those announcements. 

Later in the month is the filing window for broadcasters to submit their Auction 114 “short-form” construction permit applications necessary to participate in the action of 132 construction permits for new FM stations, (see the list of available channels here).  The filing window opens at 12:00 p.m. ET on September 14 and closes at 6:00 p.m. ET on September 30.  Bidding is scheduled to begin on February 2, 2027.  These “short-form” applications on FCC Form 175 are necessary to participate in the auction.  Among the information required from an applicant in the Form 175 is the identification of which of the 132 vacant allotments they intend to bid on, any bidding credits for which they may be eligible, and certain ownership information.  Applicants may also specify specific coordinates for tower sites that an applicant plans to use for any channel to protect that site from being precluded by subsequent applications by other FM stations.  For more on the process, see our article here and the FCC’s instructions for auction participation here.  In addition, the FCC just released a Small Entity Compliance Guide summarizing the requirements and procedures for the upcoming Auction.

Continue Reading September 2026 Regulatory Dates for Broadcasters – FCC Regulatory Fees, Auction 114 Short-Form Applications and Filing Freeze, Deadline for Implementation of EAS Security Practices, LUC Window for the November Election and More

Last week, we wrote about the appeal pending in the 4th Circuit Court of Appeals reviewing the Public Notice issued by the FCC’s Media Bureau which “reminded” broadcasters that they had to extend Lowest Unit Charges to political advertising not only from candidates but also to advertising from joint fundraising committees and political parties whose advertising was authorized by a federal candidate.  An appeal was filed by a group of Democratic candidates who argued that the purported “reminder” was in fact new law which, these candidates claim was not justified by governing laws.  In our last article, we suggested that broadcasters be on alert, as a Court decision on the Democrats appeal could come quickly.  It did!  On Tuesday, the Court issued its ruling and, in a 2 to 1 decision, determined that the Public Notice did not correctly interpret the Communications Act and that its extension of LUC to these non-candidate groups was “for naught.” 

The Republican Congressional Campaign Committee and the Republican Senatorial Campaign Committee almost immediately filed an emergency motion for stay of the Court’s decision, but on August 27 the Court denied the motion and issued the Court’s mandate, meaning that the FCC Public Notice no longer has any effect.  Thus, barring a stay of the 4th Circuit’s decision by the Supreme Court (where the Republican parties have said that they will next go for relief from the 4th Circuit decision), it appears that, for the upcoming general election, stations will not be bound by the Public Notice’s extension of LUC to parties and joint fundraising committees but could instead limit those rates to candidates and their own principal campaign committees.

Continue Reading 4th Circuit Court of Appeals Rejects FCC Media Bureau’s Extension of LUC to Ads by Political Parties and Joint Fundraising Committees – What Comes Next? 

On Friday, the FCC released its first EEO audit notice for 2026 – and the second to feature questions introduced last year to look for evidence of “invidious DEI” programs in place at broadcast stations.  The FCC’s Public Notice, audit letter, and the list of the 400 radio and TV stations (both commercial and noncommercial) selected for audit is available here.  Those stations, and the station employment units (commonly owned or controlled stations serving the same area sharing at least one employee) with which they are associated, must provide to the FCC (by uploading the information to their online public inspection file) their last two years of EEO Annual Public File reports, as well as backing data to show that the station in fact did everything that was required under the FCC rules.  The response to this audit is due to be uploaded to the public file of affected stations by October 20, 2026. The audit notice says that, if an employment unit selected in this audit was audited in 2024 or 2025, or if their renewal was granted after June 1, 2024, it should notify the FCC, and it might be exempted from the audit. Any station having a question, or needing more time to respond, is instructed to contact the FCC at least 5 days before the October 20 deadline. 

In the past, poor EEO performance has led to substantial penalties.  A 2023 proposed fine of $25,000 for some Kansas radio stations that had not fully met their EEO obligations (see our article here) showed that it is important to review your EEO compliance, even if your stations are not subject to this audit.  As the response (and the audit letter itself) must be uploaded to the public file, it can be reviewed not only by the FCC, but also by anyone else with an internet connection anywhere, at any time.  The Kansas fine proposal, plus a $26,000 fine imposed on Cumulus Media in 2024 for a late upload of a single EEO Annual Public File Report (see our article here), shows how seriously the FCC has in the past taken the EEO obligations.  To date, the FCC under Chairman Carr has not proposed any EEO fines.  Instead, the FCC’s focus when reviewing employment issues seems to be DEI programs, and this audit, as with the first EEO audit of the Carr administration in 2025, includes a number of questions, discussed below, designed to identify DEI programs at broadcast stations that this Commission may want to review. 

Continue Reading FCC Announces EEO Audit of 400 Stations – All Broadcasters Should Review the Requirements to Be Prepared for the Next EEO Review