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 federal government shutdown continues for its sixth week, and most FCC employees are not working.  There have been some signs that the political parties in Washington are looking for  way to resolve the current impasse, so if you have applications that could not be filed because of the shutdown, be watching developments closely to see when it may be possible to submit those applications.  Broadcasters also need to be ready to update their online public inspection files with documents that were due during the shutdown, which in many states will include many political file documents relating to this past Tuesday’s elections. These will be due the day after the day that the FCC reopens.  See our special update posted on our Broadcast Law Blog for a discussion of some of the issues that may arise once the FCC reopens.
  • In an SEC filing, Tegna revealed that the US Department of Justice has issued a “second request” for documents about its proposed sale to Nexstar.  A second request signals that the DOJ has additional questions about the antitrust issues raised by the proposed combination of these two television operators. These second requests usually entail significant document production and written responses to DOJ questions, thus slowing DOJ action on its review of the transaction.  While a second request is not unusual, many if not most large acquisitions and mergers are approved based on the initial filings. 
  • Some Democrats suggested that the FCC should conduct a review of last weekend’s 60 Minutes interview of President Trump suggesting that, if there are issues about “news distortion” from the 60 Minutes editing of the interview with then Vice President Harris just before last year’s Presidential election, the editing of the interview with President Trump raised similar issues.  We provided information here, here, here, and here in notes about the still-pending news distortion complaints about the Harris interview

On our Broadcast Law Blog, we published our regular look ahead at regulatory dates and deadlines for broadcasters in the upcoming month – though noting that dates in November and early December could be affected should the government shutdown continue. 

In November, the biggest regulatory news may be the continuing federal government shutdown is continuing.  If the shutdown persists, comment deadlines discussed below may shift until after the government resumes normal operations.  As we discussed here, the FCC provided guidelines before the shutdown began on how regulatory deadlines would be impacted during the government shutdown, with most deadlines postponed until the day after the day that the FCC reopens.  Yet, as we noted here, many questions remain as to whether the FCC’s systems will be prepared for the backlog of filings suddenly due on one day, and as to how the reopening will affect actions like the LPTV/TV translator major change filing opportunity that was to have already been opened.  Be on the lookout for updates on what will occur should the federal government reopen this month.

One deadline unaffected by the shutdown is the requirement triggered by the end of Daylight Savings Time on November 2.  The change in the clocks means that AM daytime only stations, AM stations with different daytime and nighttime patterns, and AM stations operating with pre-sunrise and/or post-sunset authority should check their sign-on and sign-off times on their current FCC authorizations to ensure continued compliance with the FCC’s technical rules.  AM stations need to note that all times listed in FCC licenses are stated in standard time, not daylight savings time even if it is in effect.

Continue Reading November 2025 Regulatory Dates for Broadcasters – Federal Government Shutdown, Daylight Savings Time, Comment Deadlines, FCC Open Meeting, 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.

  • Although the federal government shutdown continues for its fifth week, and most FCC employees are not working, the Commission, as required by law, held its regular monthly open meeting.  At that meeting, as summarized below, the Commissioners adopted three Notices of Proposed Rulemaking – one on ATSC 3.0 and two relevant to earth station operations (we previously noted the release of the drafts of these Notices here). 
    • The FCC adopted a Fifth NPRM on ATSC 3.0, proposing changes to its rules to provide TV stations with additional flexibility during the transition to the new transmission standard. The Commission asked if it should allow stations to determine when to stop broadcasting in ATSC 1.0 or to require continued simulcasting in both standards but with fewer restrictions on the currently required duplication of their ATSC 1.0 and 3.0 signals – both in terms of duplication of programming and in station coverage.  The FCC also seeks comments on issues including the use of encryption or digital rights management, requirements for multichannel video programming distributors like cable and satellite TV to support ATSC 3.0 signals, and on the sunset of ATSC 1.0 service.
    • The FCC adopted an NPRM proposing to facilitate more intensive use of spectrum in the 24 GHz, 28 GHz, upper 37 GHz, 39 GHz, 47 GHz, and 50 GHz bands (the UMFUS bands), which are used by some earth stations, asking for comment on proposals to take actions to facilitate more intensive use of this spectrum.
    • The FCC also adopted an NPRM proposing changes to its existing regulatory framework for space and earth station licenses, including streamlined application requirements and expedited processing timeframes, extending the license terms for most earth stations, expanding the list of modifications that applicants can make without prior approval, and shifting to a predominantly nationwide blanket licensing approach for earth stations. 

Comment dates in these proceedings will be set by their publication in the Federal Register, which will likely not occur until after the FCC reopens after the shutdown.

  • Also related to earth stations, the FCC released a draft NPRM proposing to auction a portion the Upper C-Band (3.7-4.2 GHz).  That band is used by earth station operators, including broadcasters, whose operations have already been curtailed by prior auctions of the Lower C-Band for use by wireless operators (an action that lead to payments to “incumbent” earth station operators whose facilities had been registered, reimbursing them for the costs of changing their operations to replace those that had been in the Lower C-Band).  The new proposal to auction Upper C-Band spectrum is intended to fulfill Congress’ mandate in the One Big Beautiful Bill that the FCC complete an auction of that spectrum by July 2027.  The FCC proposes to clear incumbent earth station operators from the band over a five and a half-year period and, as with the prior migration from the Lower C-Band, the FCC proposes that new band users reimburse incumbent earth station operators for their transition costs.  The FCC proposes to define incumbent earth stations as those that were operational as of April 19, 2018, and remain operational, were licensed or registered as of November 7, 2018, and timely certified the accuracy of their information on file with the FCC by May 28, 2019 (a condition for reimbursement during the previous C-band transition). 
  • During a speech this week at the Media Institute’s Free Speech America Gala in Washington, DC, FCC Commissioner Trusty stated that content-based regulation of broadcasters that would never be permitted on other forms of media is allowed by longstanding Supreme Court precedent.  While the First Amendment still applies to broadcasters, because of the scarcity of broadcast spectrum, some regulation by the FCC is permitted under the Congressionally mandated “public interest” standard.  Whether informal pressure on broadcasters to deter disfavored speech (a practice known as “jawboning) exceeds the permissible bounds of FCC regulatory power “is a more difficult question.”  Trusty said that she preferred that broadcasters exercise “careful judgment” in their programming decisions and take their public interest obligations seriously, so that the FCC did not need to exercise its regulatory authority.  She said that the FCC should look for ways to give broadcasters the flexibility to make these programming decisions and to operate in the public interest. 

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.

  • Although the federal government shutdown continues for its fourth week, the FCC announced that it still intends to hold its regular monthly Open Meeting on October 28.  As we noted here, the FCC released three drafts of Notices of Proposed Rulemaking affecting broadcasters earlier this month (one on ATSC 3.0 and two relevant to earth station operations) which it intends to vote on at the next Open Meeting.  Despite the shutdown, there was some lobbying activity this week at the FCC on these items – particularly relevant to broadcasters was the advocacy on the ATSC 3.0 item:
    • On the draft Fifth Further NPRM proposing changes to its rules governing TV stations transitioning to the ATSC 3.0 standard, Public Knowledge, a public interest group, expressed its concerns over the National Association of Broadcasters’ encryption proposals for ATSC 3.0 (NextGen TV) (see its comments here and here), arguing that NAB’s proposals would render broadcasting a closed form of media by allowing private companies to control the certification of reception devices and encryption of programming, which threatens to limit the manufacturers of devices and functions that will be available to consumers.  CTA, representing the consumer technology industry, expressed their concerns regarding NAB’s proposal to mandate ATSC 3.0 tuners in consumer devices.
  • In two interviews this week, FCC Chairman Carr made comments on the FCC’s regulation of broadcasters:
    • On the Hugh Hewitt Show, Carr discussed how the FCC could regulate broadcasters’ public interest obligations.  Carr suggested that the FCC could auction off broadcasters’ spectrum allowing those who do not want to comply with public interest obligations to buy it.  Carr also characterized the Jimmy Kimmel matter as “news distortion.”  As we discussed here and here, ABC/Disney suspended, and then later reinstated, Kimmel’s late-night show following FCC Chairman Carr’s apparent suggestion in a podcast interview that the FCC could penalize ABC/Disney if the company failed to discipline Kimmel over comments he made on Charlie Kirk’s assassination. 
    • On the Media Research Center’s NewsBusters podcast, Carr stated that the FCC was reinvigorating the public interest standard, and broadcasters could no longer follow narrow partisan narratives as FCC license holders.  Carr also stated that he was open to the idea that broadcasters could lose their licenses for not operating in the public interest but recognized that the process for revoking a license was not a quick one.  Carr again suggested that broadcasters might be able to “buy their way out” of the public interest standard by the FCC auctioning off their broadcast spectrum.  On the issue of network affiliation agreements, Carr stated that national programmers exert too much control over local broadcasters, and the FCC was considering strengthening local TV stations’ preemption rights in the wake of the Jimmy Kimmel matter.  On the issue of regulating AI-generated content in political advertising, Carr stated that the FCC’s authority to do so was very limited, and the issue would be better addressed by the FEC or Congress.

We would normally provide you with 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.  But, as the government shutdown has drastically limited activity at the FCC, and as Congress did not produce significant news this week while focused on the shutdown and other activity, we thought that we should provide some reminders on specific regulatory activity that is curtailed by the shutdown and about some of the issues that may arise once it is resolved.

The federal government shutdown entered its third week without any indication from Congress that it would end soon.  As we discussed on our Broadcast Law Blog here, before the shutdown began, the FCC released a Public Notice stating that it would “suspend most operations” during the shutdown, and explaining how dates and deadlines would shift due to the shutdown.  Some specific deadlines affected by the shutdown, and issues that have been raised about the transition back to normal operations once the shutdown ends, are set out below:

  • Most broadcast filing deadlines occurring during the shutdown (including EEO Public File Reports that were due October 1 and Quarterly Issues/Programs Lists due October 10) are now due the next business day after the FCC resumes normal operations. 
  • Comment deadlines in FCC rulemaking proceedings (including the October 10 reply comment deadline for the FCC’s Notice of Proposed Rulemaking reexamining the Emergency Alert System) are also due the next business day after the FCC resumes normal operations. 
  • Responses to targeted enforcement actions are still to be submitted on time, but the extent of what is meant by a “targeted” enforcement action is unclear.  October 17 was the deadline for the 300 radio and TV stations identified in the FCC Enforcement Bureau’s 2025 EEO audit notice (see our note here) to upload their responses to their Online Public Inspection Files (OPIFs).  But stations subject to the audit cannot currently upload their responses as the OPIF system is unavailable during the shutdown.  The Enforcement Bureau has not issued any formal clarification as to whether these audits are considered “targeted” and, if so, how stations are supposed to file their responses with the OPIF being down, though responses to the new DEI questions, as we noted here, can now be submitted by email rather than uploaded to the OPIF to protect confidential information. 
  • Similarly, the FCC has not explained if and how dates in the FCC’s major change filing window and associated filing freezes on Class A, LPTV, and TV translator stations will be rescheduled after the FCC reopens (as discussed here, these include the filing freeze on minor change applications and LPTV and TV translator displacement applications which was supposed to begin on October 15, and the major change filing window which is supposed to begin on October 22 – assuming the shutdown hasn’t ended by then).  There is also no announcement as to whether delays in the major change window will affect the opening of the window for seeking new LPTV and TV translator stations that is now scheduled to open in January – the first opportunity to file for new LPTV and TV translator stations in over 15 years. 
  • Comment deadlines in several FCC rulemaking proceedings that began just before the shutdown have not been set as the notices of proposed rulemaking have not been published in the Federal Register, as the Federal Register is also affected by the shutdown.  The delays affect proceedings including the rulemaking to address the local radio and TV ownership rules where the FCC seeks to determine if it should relax those rules (see our article here – comments are to be filed 30 days after the Notice of Proposed Rulemaking is published in the Federal Register).
  • The FCC appears ready to have its regular monthly open meeting on October 28 which, as we noted here, is supposed to address issues of importance to broadcasters, including the ATSC 3.0 transition and earth station licensing issues.  Details of how that meeting will be held physically when the government is supposed to be shutdown have not yet been released.  While Commissioners have been taking meetings despite the shutdown on the issues to be considered at the meeting, it is unclear if all staff involved in these issues are also available for meetings.  Notices of Proposed Rulemaking adopted at the October 28 meeting will also likely have delayed comment periods should the shutdown extend that long. 
  • Routine applications for the assignment or transfer of broadcast stations cannot be filed during the shutdown, so the 30-day public comment period on “long-form” sales (ones that affect actual control of stations rather than simply being changes in the form in which that control is held) cannot begin to run on any of these deals.  There have been several prominent deals announced but not filed due to the shutdown, and there are likely many others that have been reached but not announced publicly.  It is also unclear how the shutdown will affect comments on applications already on file, as those applications have not been available for review by the public during the shutdown because of the unavailability of the FCC’s online application files. 
  • When the FCC’s systems are not available, broadcasters are supposed to maintain their political file in an alternative format so that it can be viewed by interested parties.  The political file is the only portion of the public file where such alternatives must be maintained.  So, while broadcasters should be maintaining their political files, the public must make special arrangements to see those documents.  These documents are all supposed to be uploaded to the online public file on the day after the day that the FCC reopens – though, if the shutdown persists, that upload may end up being after much of the voting in hotly contested political races in early November in Virginia, New Jersey, and New York City, and on a redistricting ballot issue in California. 
  • Many questions are being raised as to whether the filing deadline on the day after the day the FCC reopens for all documents due during the shutdown is realistic given that, whenever there is a heavy volume of documents that are due to be uploaded to FCC document processing systems, the FCC’s systems tend to run slow or crash.  Already there are many deadlines that have passed where documents were not able to be uploaded, and the longer the shutdown runs, the greater the accumulation of documents that will be due immediately after the reopening.  Will the FCC’s systems be able to handle the extraordinary volume of filings that will be due on that day after the day that the FCC reopens?

These and other issues will need to be addressed by the FCC following the end of the shutdown.  Broadcasters should consult with their legal counsel on how to approach these issues and others that we may not have mentioned.  In addition, they should be on alert for any guidance that may come from the FCC. 

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 three drafts of Notices of Proposed Rulemaking (one on ATSC 3.0 and two relevant to earth station operations) which, despite the federal government shutdown, it intends to vote on at its regular monthly Open Meeting on October 28:
    • The FCC released a draft Fifth Further NPRM proposing changes to its rules governing TV stations transitioning to the ATSC 3.0 standard.  The Notice says that it is intended to remove regulatory barriers to provide TV stations with additional flexibility during the ATSC 3.0 transition, including by allowing stations to determine when to stop broadcasting in ATSC 1.0 or to continue simulcasting in both standards with fewer restrictions on their ATSC 1.0 signal.  The FCC also seeks comment on issues including the use of encryption or digital rights management, potential requirements for new TV and multichannel video programming distributors to support ATSC 3.0 signals, the sunset of ATSC 1.0 service, and other matters related to the ATSC 3.0 transition.
    • The FCC released a draft NPRM proposing to modernize the regulatory framework for space and earth station licenses.  The FCC is proposing sweeping changes to its existing regulatory framework, including expedited licensing procedures, streamlined application requirements and processing timeframes, extending the license terms for most earth stations, expanding the list of modifications that applicants can make without prior approval, and shifting to a predominantly nationwide blanket licensing approach for earth stations and a simplified approach to earth station authorizations generally. 
    • The FCC released a draft NPRM proposing to facilitate more intensive use of spectrum in the 24 GHz, 28 GHz, upper 37 GHz, 39 GHz, 47 GHz, and 50 GHz bands (the UMFUS bands), which are used by some earth stations.  The FCC proposes permitting more intensive use of the UMFUS bands through means such as spectrum sharing agreements among band users and reducing burdens on the earth station application process by eliminating required showings.  The FCC also seeks comment on how the UMFUS bands can be more intensively used, and whether the NPRM’s proposals will lead to greater earth station deployment or will instead negatively impact current operations. 
  • The FCC appealed an April decision of the U.S. Court of Appeals for the Fifth Circuit, which raised significant questions about the FCC’s ability to fine regulated entities for FCC rule violations.  As we noted here, the Fifth Circuit overturned a $57 million FCC-imposed fine on AT&T for not adequately protecting the location data of some of its mobile phone users, finding that the imposition of the fine violated the company’s 7th Amendment right to a jury trial.  Following the Fifth Circuit’s decision, the U.S. Courts of Appeals for the D.C. Circuit and Second Circuit issued separate decisions upholding FCC fines imposed on T-Mobile and Verizon for similar violations, creating a “circuit split” which often provides grounds for the Supreme Court to decide to hear an appeal.  The FCC asks the Supreme Court to determine whether the FCC’s authority to issue fines under the Communications Act is consistent with the Seventh Amendment and Article III of the U.S. Constitution.
  • The Senate Commerce Committee held a hearing titled “Shut Your App: How Uncle Sam Jawboned Big Tech Into Silencing Americans.”  The hearing examined how government agencies have used tactics to pressure Big Tech into censoring speech protected by the First Amendment, a practice known as “jawboning.”  The hearing was largely a discussion by Republican members about the deplatforming by online platforms of what the platforms viewed as misinformation, and by Democratic members about FCC Chairman Carr’s recent threat against ABC and its affiliates concerning Jimmy Kimmel’s monologue (see our notes here and here).  A video of the hearing, including the witnesses’ written testimonies, can be found here.
  • The California legislature passed a law prohibiting loud commercials on video streaming services.  The law mandates that commercial volume levels on video streaming platforms be at the same levels as the movies or TV shows being streamed.  The law will go into effect next July.  It requires streaming platforms to comply with the FCC’s rules issued under the Commercial Advertisement Loudness Mitigation of 2010 (CALM Act), which currently apply only to broadcast and cable television.  The California law does not include any unique enforcement mechanisms, nor does it create any private right of action for viewers harmed by loud commercials on streaming platforms.  As we noted here, earlier this year, the FCC adopted a still pending NPRM seeking comment on updating the FCC’s CALM Act rules, including asking whether the FCC has authority to regulate streaming providers.  Former FCC Commissioner Starks issued a statement at that time about his concerns over the FCC’s authority to regulate these Internet platforms.

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 Public Notice announcing that, effective 12:01 AM on October 1, the agency will “suspend most operations” in the event of a government shutdown, which has since occurred.  During the shutdown, many FCC databases, including those relevant to broadcasters (such as the EAS Test Reporting System (ETRS), the Licensing Management System (LMS), the International Communications Filing System (ICFS), and the Universal Licensing System (ULS)) as well as stations’ Online Public Inspection Files, are unavailable, while other FCC databases (such as the Commission Online Registration System (CORES), the Antenna Structure Registration System (ASR), the Electronic Comment Filing System (ECFS), and the Electronic Document Management System (EDOCS)), will remain available.  Most broadcast filing deadlines occurring during the shutdown (including EEO Public File Reports due October 1 and Quarterly Issues/Programs Lits due October 10, if the shutdown hasn’t ended by then) will now be due the next business day after the FCC resumes normal operations.  In an article on our Broadcast Law Blog, we provided more details about the functioning of the FCC during the shutdown, and urged broadcasters to discuss with their counsel how the shutdown may affect particular dates relevant to their operations. 
  • Before the shutdown began, the FCC and its Bureaus took the following actions:
    • Following its adoption at its September Open Meeting, the FCC released the final text of its Notice of Proposed Rulemaking initiating its 2022 Quadrennial Review of its media ownership rules.  Congress requires the FCC to review its media ownership rules every 4 years to determine whether, as result of competition, they remain necessary, and to repeal or modify any rule that the FCC determines is no longer in the public interest.  The NPRM seeks comment on whether the FCC should repeal or modify the Local Radio Ownership Rule (which limits to at most 8 in the largest markets the number of radio stations an entity may own), the Local Television Ownership Rule (an entity may own up to two TV stations in a DMA), and the Dual Network Rule (prohibits TV stations from affiliating with an entity owning two or more networks – effectively barring mergers among the “Big Four” broadcast networks: ABC, NBC, CBS, and Fox).  Comments and reply comments are due 30 and 60 days, respectively, after the NPRM’s publication in the Federal Register.  In September, when the draft of this NPRM was released, we wrote more about the issues in this Quadrennial Review on our Blog, here.
    • The Office of Managing Director (OMD) released an Order dismissing or denying several FY2020 regulatory fee waiver, reduction, and/or deferral requests, most of which requested relief based on grounds related to the financial hardship that would result from the payment of the fees.  In most cases, the requests were denied as the licensees had not provided adequate documentation of their inability to pay the fees.  The OMD also issued a Public Notice announcing that it would group into a single order its decisions on routine requests for waiver, reduction, and/or deferral of regulatory or application fees, and petitions for reconsideration of prior OMD decisions, instead of issuing separate decisions for each request as it had done in the past, although unique requests will still be acted on in separately issued decisions.  The Public Notice included a list of FY2020 requests that the OMD granted or dismissed.  If you are waiting on the OMD to address your request for waiver, reduction, and/or deferral of regulatory fees or application fees, or on a petition for reconsideration of a prior OMD decision, be sure to review these periodic public notices to see if the OMD has acted.
    • The Media Bureau released a Notice of Proposed Rulemaking proposing the substitution of the FM channel or class for the following 5 existing vacant FM allotments, replacing: Channel 221A at Hamilton, Alabama with Channel 277A; Channel 261B at Coalinga, California with Channel 261B1; Channel 291A at Rocksprings, Texas with Channel 289A; Channel 221A at Silverton, Texas with Channel 261A; and Channel 260C2 at Spur, Texas with Channel 281C2.  The Bureau determined that the existing vacant allotments do not comply with the FCC’s minimum distance separation requirements or otherwise do not comply with the FCC’s technical rules.  The Bureau stated that the proposed amendments would resolve the existing spacing conflicts and technical issues.  Comments and reply comments responding to the NPRM are due November 21 and December 8, respectively. 
    • The Enforcement Bureau issued a Notice of Violation against a West Virginia FM station after an inspection revealed that the station was not operating in compliance with the FCC’s rules governing FM transmission systems because emissions beyond the allowed limits were being created on frequencies more than 600 kHz removed from the station’s authorized main carrier frequency.  The station must explain to the Bureau how it will correct the rule violations and prevent future violations from occurring. After reviewing the information it receives, the Bureau will determine if a penalty or further action is warranted. 

On our Broadcast Law Blog, we took a look at the upcoming regulatory dates affecting broadcasters this October, which may shift (or already have shifted) depending on when the federal government shutdown ends.

With the federal government shutdown now in its third day, having started on October 1, 2025, after Congress failed to fund the government for the coming year or to pass a “continuing resolution” to allow government agencies to function at their current levels, we thought that we should summarize the FCC’s guidance as to what is and what is not functional at the FCC during this period. In anticipation of a shutdown, on September 30, 2025, the FCC released a Public Notice announcing that it will “suspend most operations” in the event of a shutdown and providing some specifics as to what would and would not be operating during the shutdown.  A summary of the FCC’s guidance is set out below.  But it is important to note that much of this guidance is general, and how specific cases will be dealt with when the government reopens may be addressed in subsequent FCC notices – likely to be issued when the government reopens.  This is especially true if the shutdown is prolonged. 

On many specific issues, we suggest discussions with your own communications counsel to discuss what may happen when the government reopens.  While, as noted below, the FCC’s general rule will be that most deadlines that were to be met during the shutdown will be extended to the day after the day of the government’s reopening, there are exceptions.  For instance, targeted Enforcement Actions are still to be submitted on time.  There is no indication in the FCC’s Public Notice as to how responses to the open EEO audit will be dealt with.  Because the FCC-administered Online Public File database is offline, the general requirement to upload a station’s EEO audit response to the public file is impossible to meet.  But what about responses to the new DEI questions which, as we noted here, can now be submitted by email rather than uploaded to the public file?  There is no specific guidance in the Public Notice.  Similarly, the FCC’s major change window (which we wrote about here) may be suspended until after the shutdown as LMS is unavailable during the shutdown.  The same with Quarterly Issues/Programs lists as the online public file system is not functioning.  But will the FCC’s systems be able to handle a crush of filings due the first business day after the day that the government reopens?  These are all questions that broadcasters should consider with their counsel. 

Continue Reading The Government Shutdown and Issues it Raises for Broadcasters

October is, on paper, a busy month of regulatory deadlines for broadcasters.  As set forth below, the month includes the requirement for almost all broadcasters to complete and upload to their public file their Quarterly Issues/Programs Lists, as well as the date for broadcasters to submit to the FCC their ETRS Form One reporting basic information about their EAS equipment.  There are also routine EEO annual deadlines for stations in several states, and the response deadline for the 300 stations subject to the FCC’s first EEO audit under the new administration – which included new questions about stations’ DEI practices.  A “major change” filing window for LPTV stations and TV translators is also scheduled to open this month.  But these and other deadlines could be affected by the looming federal government shutdown beginning October 1 if Congress fails to fund the government for the coming year (or pass a “continuing resolution” to allow government agencies to function at their current levels).  If a shutdown does occur, the FCC, the FTC, the Copyright Office and other federal agencies may have to pause their operations, which may result in some of the regulatory deadlines discussed below for the FCC being delayed.  Note that, in some cases, agencies have some funds set aside that allow them to keep functioning for a few extra days, which has been the case for the FCC during several of the last government shutdowns, but that is not assured.  Because of the potential of this extended operation even if there is a shutdown, do not assume that regulatory deadlines set forth below will be postponed by a funding impasse. 

In the past, when there has been a pause in government operations and after any residual funds to keep the agency operating have been expended, agencies like the FCC ceased the processing of routine applications and paused all other routine work, staying open only to the extent necessary to deal with emergencies and other vital activity.  In at least one shutdown, the FCC even limited access to its website and online systems. In the past, FCC filings have been suspended, with additional time being provided after the government reopens to make filings that were due during the shutdown.  But details are different in each shutdown.  If Congress cannot resolve the funding issues by October 1, we would expect that the FCC and other agencies important to broadcasters to issue public notices about specific policies to be applied after funding runs out.  Stay tuned to see if any of the dates below have to be rescheduled.

October 1 is the deadline for radio and TV station employment units in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, Missouri, Northern Mariana Islands, Oregon, Puerto Rico, U.S. Virgin Islands, and Washington with five or more full-time employees to upload their Annual EEO Public File Report to their stations’ Online Public Inspection Files.  A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area having at least one common employee.  For employment units with five or more full-time employees, the annual report covers hiring and employment outreach activities for the prior year.  A link to the uploaded report must also be included on the home page of each station’s website, if the station has a website.  Be timely getting these reports into your station’s OPIF, as even a single late report can lead to FCC fines (see our article here about a recent $26,000 fine for a single late EEO report).

Continue Reading October 2025 Regulatory Updates for Broadcasters – Possible Government Shutdown, Quarterly Issues/Programs Lists, EEO Public File Reports, EEO Audit Responses, ETRS Filing Deadline, LPTV/TV Translator Filing 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.

  • Congress has thus far failed to pass any legislation to provide funding for government operations after the September 30 end of the fiscal year.  If no legislation or “continuing resolution” that continues current funding levels is passed by Tuesday’s deadline, many government functions may be shut down or disrupted in October.  In the past, the FCC has been able to remain open for a limited time after a government shutdown using some residual funds, but it is at this point unclear if that will be the case this time – or, even if the FCC can remain in operation, how long that operation can be sustained.  Watch for more information in the coming days and be aware that the filing and processing of routine FCC applications could cease if there is a shutdown and the FCC’s funding is disrupted. 
  • ABC/Disney reinstated Jimmy Kimmel’s late-night show after it was suspended last week following FCC Chairman Carr’s apparent suggestion in a podcast interview that the FCC could penalize ABC/Disney if the company failed to discipline Kimmel over comments he made on Charlie Kirk’s assassination (actions we noted here).  After the reinstatement, FCC Commissioner Gomez commended the company for finding “its courage in the face of clear government intimidation,” and vowed to “ensure local broadcasters have the independence to stand up to government threats.”  Chairman Carr, on the other hand, denied that he had threatened ABC’s broadcast licenses, but stated that the FCC has a “unique role” in enforcing broadcasters’ public interest obligations.  Carr also restated his belief that the national broadcast networks exert too much power and control over local TV stations.  Nexstar and Sinclair, the two ABC affiliates that pulled Kimmel’s show last week and did not immediately reinstate it, began airing the program again on Friday, with Sinclair stating that, it was satisfied with its discussions with ABC about Sinclair’s proposals that the network adopt measures to strengthen accountability, viewer feedback, and community dialogue, including a network-wide independent ombudsman; and Nexstar attributing its actions to its obligation “to be stewards of the public airwaves and to protect and reflect the specific sensibilities of our communities.”  It stated that its actions were not the result of government action, and that it “remains committed to protecting the First Amendment while producing and airing local and national news that is fact-based and unbiased.”
  • The FCC’s Space Bureau announced that September 26 was the effective date of the FCC’s new streamlined application procedures for adding a point of communication to an earth station license.  The FCC made this change in its August Second Report and Order along with other rule changes made to streamline and expedite earth station application processing.  The FCC noted that the new procedures for adding a point of communication to an earth station license applied to both new and currently pending earth station applications, and applicants with pending applications may utilize these streamlined procedures by notifying FCC staff that they want to do so. 
  • The FCC’s Media Bureau released an updated application filing fee guide for applications filed with the Bureau, including by broadcasters.  The guide reflects the updated filing fees that are currently in effect and were adopted by the FCC earlier this year to reflect changes in the Consumer Price Index (see our discussion here).
  • The FCC’s Media Bureau announced pleading deadlines on the applications proposing Gray Media’s acquisition of TV stations from Sagamore Hill Broadcasting, Block Communications, and Allen Media.  The applications would create Top-4 station combinations in in the following DMAs: Lubbock, TX; Columbus, GA; Louisville, KY; Huntsville-Decatur (Florence), AL; Paducah-Cape Girardeau-Harrisburg, MO-IL; Evansville, IN; Fort Wayne, IN; Montgomery, AL; Lafayette, LA; and Rockford, IL.  The Bureau noted that although Gray’s proposed acquisitions violate the Top-4 Prohibition (the prohibition on broadcasters owning two or more of a DMA’s Top-4 affiliated TV stations), the U.S. Court of Appeals for the Eighth Circuit vacated that rule in July (see our Broadcast Law Blog article on the Court’s decision here), which is anticipated to take effect on October 21.  Gray requests a grant of these combinations on a case-by-case basis or by waiver if for any reason the Eighth Circuit’s decision does not become effective as anticipated.
  • The FCC announced that comments and reply comments are due October 22 and November 6, respectively, responding to the FCC Media Bureau’s Notice of Proposed Rulemaking seeking comments on a petitioner TV station’s proposed substitution of Channel 33 for Channel 8 at Hutchinson, Kansas due to a long history of VHF reception issues among petitioner’s viewers.

Watch for a post early in the week highlighting October regulatory dates and deadlines for broadcasters (assuming that those dates are not affected by the possible federal government shutdown mentioned above).