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 that, if adopted at its next Open Meeting on March 26, would update and clarify several broadcast rules.  These changes include updating rules conform to current licensing systems (including replacing outdated CDBS application form references with those currently used in LMS); eliminating outdated and obsolete requirements (including post-incentive auction viewer/MVPD notification requirements, the requirement for a 20% increase in AM station power for a power increase application to be processed, and the rule that restricted Special Temporary Authorizations for technical and equipment problems to 90 days when other STAs can be granted for up to 180 days); modifying the rules as to who can sign FCC applications to allow corporate directors and duly authorized employees of corporations, partnerships, unincorporated associations, or government entities to certify applications; and revising several broadcast rules for clarity (including clarifying when stations’ local public notice obligations are triggered for their applications). 
  • The FCC’s Media Bureau entered into two Consent Decrees to resolve its investigations of various FCC rule violations arising during its review of the station license renewal applications:
    • The Bureau entered into a Consent Decree with an Arizona TV station to resolve an investigation of the station’s failure to comply with its Online Public Inspection File (OPIF) obligations.  The Bureau found that the station failed to timely upload 14 Quarterly Issues/Programs lists and 9 commercial limits certifications to its OPIF during its last license renewal period.  The Consent Decree requires that the station pay a $6,000 voluntary contribution to the U.S. Treasury.
    • The Bureau also entered into a Consent Decree with an Oregon noncommercial FM station to resolve its investigation of the station’s failure to comply with the FCC’s underwriting rules arising from a complaint filed against the station.  The Bureau found that the station aired 9 announcements that impermissibly promoted the sponsor because they contained comparative and qualitative descriptions, menu listings of products or services, and inducements to buy products or services.  The Consent Decree requires that the station pay a $5,000 voluntary contribution to the U.S. Treasury and implement a compliance plan to ensure future compliance with the FCC’s underwriting rules.  The Bureau also dismissed two petitions to deny the renewal application which raised additional FCC rule violations, including that the station’s most recent biennial ownership report was incomplete.  The Bureau found that the station did not intend to deceive the FCC by filing an incomplete ownership report and it corrected the report when it was made aware of the issue, but it cautioned the station to be more diligent in the future in complying with its ownership reporting obligations.
  • The FCC released a Memorandum Opinion and Order granting the transfer of an individual’s interests in the licensee of several Wyoming radio stations to her ex-husband following her felony conviction for income tax evasion.  Criminal convictions call into question an individual’s character and fitness to hold an FCC license, and the FCC generally prohibits the assignment or transfer of a station’s license when character qualification issues are pending against the transferor.  However, as ex-husband was not implicated in the wrongdoing and had a long history of FCC compliance, and as the wrongdoer will receive no consideration from the transaction and will no longer be part of the broadcast industry, the Commission found that grant of the application will preserve broadcast service to the Wyoming communities served by the stations and was otherwise in the public interest.
  • Cumulus Media announced that filed for bankruptcy in a Texas federal bankruptcy court to eliminate roughly $600 million in debt.  Cumulus stated that it will continue operating normally during the bankruptcy proceeding.  Cumulus’ bankruptcy plan will need to be approved by both the bankruptcy court and the FCC (through the filing of transfer applications for its stations) before it can complete its bankruptcy restructuring. 
  • The FCC announced that comments are due May 1 in response to the following AM and FM stations’ proposed community of license changes: WZON(AM), Bangor, Maine, to Norridgewock, Maine; WAKE(AM), Valparaiso, Indiana, to Hobart, Indiana; WFAD(AM), Middlebury, Vermont, to Bridport, Vermont; WLBE(AM), Leesburg-Eustis, Florida, to Geneva, Florida; WLCZ(FM), Lincolnton, Georgia, to Appling, Georgia; WLNK-FM, Indian Trail, North Carolina, to Weddington, North Carolina; KXAV(FM), Hebbronville, Texas, to Bruni, Texas; and WMSU(FM), Starkville, Mississippi, to Artesia, Mississippi.

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 issued a Public Notice seeking comment on how changes in the sports programming marketplace have impacted consumers and broadcasters, including broadcasters’ ability to meet their public interest obligations.  The Bureau seeks comments on matters including streaming platforms’ impact on broadcasters’ ability to obtain sports programming rights, specifics of agreements for the rights to cover sports, and the authority of the FCC to ensure continued viewer access to live sports.  Comments and reply comments responding to the Notice are due March 27 and April 13, respectively.  For more information, see the article on our Broadcast Law Blog regarding the FCC’s inquiry.
  • The FCC released a Public Notice announcing that comments and reply comments are due March 13 and 23, respectively, responding to its Public Notice released last week announcing its plans to open a filing window in 2026 for new noncommercial FM translator stations in the reserved band (Channels 201-220).  The FCC seeks comment on a proposal to limit the filing window to the licensee or permittee of the noncommercial educational FM, noncommercial AM, or LPFM station that the proposed translator will rebroadcast; and to limit applicants to no more than 10 applications, except that Tribal LPFM applicants would be limited to 4 applications and all other LPFM applicants would be limited to 2 applications.    For more on this filing window, see our article on the Broadcast Law Blog.
  • The Media Bureau released an Order granting an application for the assignment of an Indianapolis TV station from Scripps to Circle City Broadcasting, waiving the local television ownership rules to allow Circle City to own three TV stations in the Indianapolis Designated Market Area (DMA).  The current rules allow one owner to hold the licenses of only two stations in any DMA.  The Bureau found that Circle City’s acquisition of the Indianapolis ABC affiliate was essential to Circle City being able to compete with the other network-affiliated stations in the market, which have a larger market share than will the three Circle City stations.  It also found that divestiture of one of Circle City’s independent TV stations was impractical as a prospective buyer would have to invest significant capital to operate the station as a stand-alone facility and would be unlikely to be able to continue to provide the significant local news programming currently offered by the station. 
  • The FCC’s Space Bureau released a Public Notice announcing a one year extension of its temporary expedited processing procedures for earth station licensees, which were originally adopted last March.  The expedited processing procedures allow for the grant of STAs for certain short-term uses and to allow the commencement of operations while regular license applications are pending without waiting for a 30-day prior notice and comment period to pass.  The Bureau extended its temporary processing procedures while the FCC’s proceeding to modernize its earth station application procedures remained ongoing (see our note here).  The expedited processing procedures are extended through March 10, 2027. 
  • The Media Bureau notified a Virginia FM station that its proposed community of license change and transmitter site relocation from Martinsville, Virginia to New Castle, Virginia (a move within the Roanoke, Virgina urbanized area) conflicted with the FCC’s guidelines for community changes within urbanized areas.  The station argued that the proposed community change was in the public interest because it would result in a net service gain of 74,208 people.  The Bureau found that the station incorrectly used the station’s allotment coordinates to calculate this coverage gain instead of the station’s current and proposed transmitter coordinates as required by FCC policy for moves within urbanized areas.  When using the proper coordinates, the Bureau found that the proposed modification would result in a net loss of service to 137,657 people within the station’s service contour and a net loss of service to 133,322 people within the Roanoke urbanized area.  Thus, the Bureau found that retaining a third local service in the larger community of Martinsville (13,485 people) was preferred over the proposed smaller community of New Castle (125 people).  The station now has 30 days to amend its application to conform with the FCC’s community of license change policies or it will be dismissed.  
  • The FCC’s Office of Managing Director released an Order denying waiver requests filed by 30 different FCC-regulated entities, including some broadcasters, of the 25% late payment penalty assessed for regulatory fees for fiscal year 2024 and 2025 paid after the payment deadline set by the Commission’s staff.  The Managing Director found that each entity did not satisfy its burden of explaining why waiver was necessary, noting that waivers of late payment penalties are only granted in extraordinary circumstances. 
  • The FCC’s Administrative Law Judge terminated a hearing proceeding involving the licensee of three Texas radio stations which the Media Bureau ordered in January (see our note here) to determine whether the stations’ licenses should be revoked because of issues including a possible unauthorized transfer of control to a Mexican citizen, and whether an application for a transfer of control proposing to change the licensee’s owner should be granted.  At the request of the licensee, the ALJ dismissed the transfer application.  The licensee also elected to proceed without a hearing on the question of whether its licenses should be revoked, instead filing a written statement as allowed by the Commission rules, setting out the reasons why its licenses should not be revoked.  The FCC’s Enforcement Bureau sought to file a reply to the licensee’s written statement.  As such a reply is not permitted under the Commission’s rules, the ALJ certified the case to the full Commission to determine if a reply should be permitted and, if it is, what other actions should be taken with respect to the revocation proceeding. 

On our Broadcast Law Blog, we took a look at the upcoming March regulatory dates and deadlines affecting broadcasters.  We also discussed the need for stations to get prior approvals for voluntarily disabling functional EAS equipment, as evidenced by several EAS waiver requests granted by the Media Bureau in recent weeks.

The FCC’s Media Bureau released a Public Notice this week starting an examination of the marketplace for sports rights and how changes in that market have affected local broadcasters and consumers.  The notice recognizes what is evident to all consumers – that the sports marketplace has changed as competition has grown for rights to transmit sports to the public.  While asking for comments on those changes, perhaps the most important question asked by the Bureau is, even if it is found that changes in some ways disadvantage some consumers, does the FCC have any jurisdiction to do anything about those changes?

Initially, the FCC recognizes that sports programming long desired by TV broadcasters to attract local audiences is now also sought by cable and streaming companies to attract those same audiences. The FCC notes that competition for these rights likely increases the costs of acquiring this programming, perhaps making it harder for consumers to get access to the programming when it is not on free TV.  The FCC also suggests that the dispersion of rights in some sports leagues may make it harder for consumers to find the programming that they desire, as coverage is spread across multiple broadcast and streaming platforms.  Not only are consumers confused, but they may end up paying more through subscriptions to multiple services to ensure that they can see the games of their favorite teams.

Continue Reading FCC to Examine Changes in Sports Media Marketplace and Its Impact on Broadcasters’ Public Interest Obligations

In the last three weeks, we have noted three cases where the FCC’s Public Safety and Homeland Security Bureau granted waivers to broadcast stations to temporarily disconnect their EAS equipment while changing tower sites (see decisions here, here, and here).  FCC rules require stations to have operating EAS equipment during all hours of operation to receive or relay emergency alerts.  In each of the recent cases, the FCC granted waivers that allowed stations to operate for a few hours without operational EAS equipment (where the stations agreed to avoid doing the moves during periods of possible emergencies).  After noting these decisions, several broadcast engineers have asked why a waiver was required, as the FCC rules permit stations to operate without EAS equipment for up to 60 days without prior approval when their EAS equipment is defective.  Why, asked these engineers, did the FCC have to grant waivers when the EAS outages were far shorter than the 60 days provided by Section 11.35(b) of the rules?

The Bureau actually explained in one of the recent decisions (here, at paragraph 8) why the waivers were necessary.  In that decision, the Bureau said that Section 11.35(b) provides only for the continued operation of stations that are EAS Participants without any required FCC approvals when EAS equipment becomes “defective.”  In each of the recent cases, which only involved a relocation of the equipment, the Bureau found that the equipment was not “defective” (i.e., the equipment itself had not become unable to exercise its monitoring or transmission functions).  Instead, that equipment was in good operating condition and was being taken offline only so that it could be relocated.  The Bureau, citing some past cases, concluded that simply removing otherwise fully functioning EAS equipment from operation does not make it defective for purposes of Section 11.35(b).   Because it was not defective as defined by the Bureau, a waiver was needed to voluntarily take the equipment out of service to relocate it to a new site.

These decisions send a message to all broadcasters that, if they take a voluntary action to remove functioning EAS equipment from service, even for a short period in connection with a move or for some other purposes, they need to request a waiver of the rules requiring broadcast stations to have a functional EAS system during all hours of operation.  And, as stated in one of the decisions (here, at paragraph 11), any requested waiver should be filed early enough so that the Bureau has time to consider it before the planned move.  Station personnel take note – get prior approvals for voluntarily disabling functional EAS equipment.

March may not have any of the regular FCC filing deadlines, but there are still plenty of regulatory activities going on this month that should grab the attention of any broadcast or media company.  There are a few FCC proceedings in which there are dates in March worth noting, including the main event in the process that the FCC has been going through to give Class A TV, LPTV, and TV Translator operators the opportunity for major changes and, this month, applications for new  LPTV and TV translator stations. Here is a look at some of the important broadcast regulatory dates in March, and a look ahead to the filing deadlines in early April.    

Daylight Savings Time resumes on March 8, and thus AM daytime-only radio stations and 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 compliance with the requirements set out in those authorizations.  As all times listed in FCC licenses are Standard Time, don’t be fooled into thinking that your daytime-only station has extra time to keep operating once Daylight Savings time kicks in.

Continue Reading March 2026 Regulatory Dates for Broadcasters – Daylight Savings Time, Applications for New LPTV/TV Translator Stations, 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.

  • FCC Chairman Carr announced the “Pledge America Campaign” which calls on broadcasters to pledge to provide programming promoting civic education, national pride, and shared history to mark the 250th Anniversary of the signing of the Declaration of Independence.  Carr notes that broadcasters have longstanding public interest obligations to educate, inform, and entertain viewers and to air programming that is responsive to the needs and interests of their local communities.  Carr’s announcement provided examples of such programming -including running PSAs, short segments, or full specials promoting civic education or about inspiring local stories; segments during regular news that highlight local sites that are significant to American and regional history, such as National Park Service sites; starting each broadcast day with the national anthem or the Pledge of Allegiance; and providing daily “Today in American History” announcements highlighting significant events that took place on that day in history.  The announcement stated that broadcasters “can voluntarily choose to indicate their commitment to the Pledge America Campaign and highlight their ongoing and relevant programming to their viewing and listening audiences.”  On BlueSky, Commissioner Gomez reacted to this announcement by suggesting that broadcasters who choose to participate in this campaign “do so by defending their First Amendment rights and refusing government interference.”
  • At its February Open Meeting, the FCC adopted a Public Notice announcing its plans to open a filing window in 2026 for new noncommercial FM translator stations in the reserved band (Channels 201-220).  The FCC will be seeking comment on a proposal to limit the filing window to the licensee or permittee of a noncommercial educational FM, noncommercial AM, or LPFM station that the proposed translator will rebroadcast; and to limit applicants to no more than 10 applications, except that Tribal LPFM applicants would be limited to 4 applications and all other LPFM applicants would be limited to 2 applications.  Comments and reply comments on the proposed application limits will be due 15 and 25 days, respectively, after the Public Notice is published in the Federal Register. Dates for the window and filing procedures will be announced in a future notice from the FCC’s Media Bureau.  For more on this filing window, see our article on our Broadcast Law Blog.
  • FCC Commissioner Gomez released a statement following reports that CBS blocked the broadcast of Stephen Colbert’s “The Late Show”interview with Democratic Texas State Representative James Talarico—who is also a candidate for the Texas U.S. Senate seat—due to concerns about the interview’s compliance with the FCC’s revised political candidate equal time rules for talk show interviews (see our discussion here).  Gomez stated that CBS’s decision is “yet another troubling example of corporate capitulation in the face of this Administration’s broader campaign to censor and control speech,” and that “the FCC has no lawful authority to pressure broadcasters for political purposes or to create a climate that chills free expression.”  FCC Chairman Carr also commented on the incident at a press conference following the FCC’s Open Meeting, stating that the FCC did not censor the interview and noted that the equal time rules are intended to provide for more speech, not less, by allowing all candidates to get access to the airwaves.
  • The Media Bureau granted three assignment applications proposing Sinclair’s ownership of two of the top-4 ranked TV stations in the following Designated Market Areas (DMAs): Flint-Saginaw-Bay City, MI; Traverse City-Cadillac, MI; and Rochester, NY.  As was the case earlier this month when the Bureau granted several applications proposing Sinclair’s ownership of two of the top-4 ranked TV stations in multiple DMAs (see our note here), DIRECTV filed petitions to deny, arguing that granting the applications were not in the public interest because Sinclair would charge higher retransmission consent fees due to its greater market share, and that, even after the U.S. Court of Appeals for the Eighth Circuit decision to vacate the top-4 restrictions (see our article here), applicants still must show that owning two of the top-4 ranked stations in a DMA was in the public interest.  The Bureau again rejected DIRECTV’s arguments, finding that DIRECTV failed to provide any transaction-specific arguments why granting the applications was not in the public interest, concluding that harm from increased retransmission consent fees was speculative, and determining that, after the Eighth Circuit’s decision, no special showing was needed to own two of the top-4 stations in any market.
  • As we have seen in recent weeks, the FCC’s Public Safety and Homeland Security Bureau again granted limited waivers of the FCC’s Emergency Alert Service (EAS) rules to permit radio stations to operate without EAS equipment while they were moved to new transmitter sites.  The FCC’s rules require stations to have EAS devices installed and capable of sending and receiving EAS tests and messages whenever they are operational.  This week, the Bureau granted two EAS rule waivers (see here and here) noting that the waivers were for a very short period of time during the station moves (up to 2 hours) and the licensees pledged not to proceed with the moves if there was a risk of an emergency event.  One of these waiver grants was for two FM stations which supplemented a request that, last week, the Bureau found had insufficient information to grant (as it had not provided the specific times during which the station’s EAS equipment would not be functional – see our note here).  Earlier this month, we also noted here another similar EAS waiver grant.
  • The Media Bureau issued a Notification of License Cancellation to a California FM station, stating that the station’s license was automatically terminated pursuant to Section 312(g) of the Communications Act which cancels a license when a station is silent for more than a year.  The Commission has interpreted the cancellation requirement to also apply when a station has been operating from facilities that were not authorized by the FCC.  Here, it was unclear if the station had been operating at all for several years and, even if it had, it would have been from facilities at which any authority to operate had expired years ago.  The Bureau also stated that, even if the station’s license had not automatically expired pursuant to Section 312(g), the Bureau would have still dismissed the station’s license renewal application for its failure to respond adequately to the Bureau’s inquiries regarding the station’s operational status as the licensee failed repeatedly to provide information requested by the FCC’s staff. 
  • The Media Bureau entered into a Consent Decree with a Connecticut LPFM station to resolve its investigation into whether the station was operating with its licensed facilities.  A nearby FM station filed a petition for reconsideration of the station’s 2022 license to cover a modification of the LPFM’s facilities, alleging that the new LPFM operations were causing interference to the petitioner’s signal and to air navigation.  At first, in declarations from its President and consulting engineer, the LPFM station denied that it was operating above its authorized power levels, but it later admitted that its station was in fact operating over its authorized power.  The Bureau expressed its concern about the gravity of the false statement made by the LPFM operator (even though it was later retracted) but decided that there was not enough to conclude that the LPFM licensee intentionally tried to mislead the FCC.  The Bureau agreed to a rescission of the license for its new facilities but still admonished the LPFM station for providing incorrect information, requiring that the admonition be reported in the station’s next license renewal.  The Consent Decree does not impose a fine on the LPFM station, but it requires the station to submit a technical compliance report which must be reviewed and approved by the Bureau before it starts operating with its previously licensed facilities. 

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 Senate Commerce Committee held a hearing titled “We Interrupt This Program: Media Ownership in the Digital Age.”  Testimony at the hearing came from several individuals including Chris Ruddy, CEO of Newsmax; Curtis LeGeyt, President and CEO of the National Association of Broadcasters; and Steve Waldman, President of Rebuild Local News (and author of the 2011 Information Needs of Communities Report, an FCC study of how FCC regulation could help broadcasters better serve their communities – see our Broadcast Law Blog article here about some of the findings of that report).  The majority of questions focused on the FCC’s authority to modify or eliminate the national TV ownership cap prohibiting broadcasters from owning TV stations with a combined audience reach of more than 39% of TV households (subject to a 50% discount for a UHF TV station’s audience reach), including in the context of the pending Nexstar/TEGNA transaction (see our Blog articles here and here).  Also discussed were the effect of changing TV broadcast ownership limits on local programming and retransmission consent fees, and the role of Big Tech and AI.  A video of the hearing and copies of the witnesses’ written testimony can be found here.
  • FCC Commissioner Gomez released a statement objecting to a reported investigation of ABC for potential violation of the FCC’s political candidate equal time rules after Democratic Texas State Representative James Talarico—who is a candidate for the Texas U.S. Senate seat—appeared on the “The View” last week.  Gomez claimed that “the real purpose” of the investigation “is to weaponize the FCC’s regulatory authority to intimidate perceived critics of this Administration and chill protected speech.”  The reported investigation comes after the FCC’s Media Bureau released a Public Notice last month purporting to provide guidance for broadcast TV stations on whether the appearance of candidates in talk programs, particularly in late night and daytime TV, require that equal time be given to opposing candidates.  We wrote on our Blog about how the Bureau’s notice reverses prior FCC staff guidance that broadcasters have reasonable discretion as to whether their programs are exempt, some of the confusion that the notice will likely cause, and its practical impact.
  • The FCC’s Public Safety and Homeland Security Bureau released an Order partially granting a group of Florida radio stations a waiver of the FCC’s Emergency Alert Service (EAS) rules, allowing the stations to operate without EAS equipment while they were moved to a new transmitter site.  The FCC’s rules require stations to have EAS devices installed and capable of sending and receiving EAS tests and messages whenever they are operational.  Similar to the EAS waiver granted by the Bureau last week (see our note here), the Bureau granted a waiver for several of the stations, noting that the waiver was for a very short period (2 hours) during the move and the licensee pledged not to proceed with the move if there was a risk of an emergency event.  The Bureau did not grant a waiver to two other stations as insufficient information was provided (including the specific times during which the station’s EAS equipment would not be functional) but stated that the waiver request could be resubmitted when that information was available.  The Order encouraged other broadcasters to seek similar waivers when they anticipate that their EAS equipment will not be functional, but it asked that requests be filed far enough in advance to allow the Bureau time to fully consider such requests.
  • The Media Bureau and the Office of Managing Director issued three Orders to Pay or to Show Cause against two Georgia FM stations and several Michigan AM and FM stations proposing to revoke the stations’ licenses unless, within 60 days, the stations pay their delinquent regulatory fees and interest, administrative costs, and penalties, or show that the debts are not owed or should be waived or deferred.  The first Georgia station has an unpaid regulatory fee debt totaling $21,830.15 for fiscal years 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2024, and 2025.  The second Georgia station has an unpaid regulatory fee debt totaling $6,538.67 for fiscal years 2015, 2020, 2021, 2022, and 2024.  The Michigan stations have a combined unpaid regulatory debt totaling $37,250.51 for fiscal years 2021, 2022, 2023, and 2024.
  • The Media Bureau released a Report and Order substituting new FM channels for those now allocated for the following vacant FM allotments, changing Channel 221A at Hamilton, Alabama to Channel 277A; Channel 261B at Coalinga, California to Channel 261B1; Channel 291A at Rocksprings, Texas to Channel 289A; Channel 221A at Silverton, Texas to Channel 261A; and Channel 260C2 at Spur, Texas to Channel 281C2.  The Bureau determined that the substitutions were needed as the existing vacant allotments did not comply with the FCC’s minimum distance separation requirements or other FCC’s technical rules.  The FCC will announce application filing windows for these allotments in the future. 

On our Broadcast Law Blog, we discussed the FCC’s new requirement that FCC-regulated entities, including broadcasters, must update their contact information associated with their FCC Registration Number (FRN) within 10 business days of any change. 

In the last few days, there have been a series of articles and alerts that have alarmed broadcasters and caused worry that fines would be coming their way for not updating and correcting any FCC Registration Number (FRN) associated with their operations.  While there is a new rule that went into effect recently that requires all users of the Commission Registration System (CORES) to update their FRN registrations within 10 business days of any change to the associated contact information, there has been no indication that there is any imminent widespread enforcement activity against broadcasters based on this new rule.  In fact, the rule does not materially change broadcaster’s obligations to keep their FCC records up to date – only putting a definitive time limit on an existing requirement that a broadcaster’s FRNs must be updated promptly. Thus, the new rule reinforces that broadcasters do have an obligation to update their information to comply with the rules, as outdated information could result in legal penalties – but panic is likely not in order.  Let’s look at this obligation.

CORES is used to set up the FRN that is necessary for most broadcast filings.  Broadcasters need an FRN to file any application, pay fees, and make other FCC submissions.  In connection with Biennial Ownership Reports (now on hold until at least June 2027, pending an evaluation of whether they really are necessary – see our article here), the FCC required FRNs not only for broadcast licensees, but also for all entities and individuals who hold attributable interests in such licensees.  The information to set up an FRN requires a taxpayer identifying number (TIN) or social security number (SSN), and it also includes information such as a contact person and their title, address, telephone number, and email. 

Continue Reading FCC Sets Requirement to Promptly Update FCC Registration Numbers – No Need to Panic, But Licensees Should Ensure All FCC Information Is Accurate and Up To Date

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 reauthorized funding for many government agencies, including the FCC, thus avoiding a prolonged shutdown of these agencies.  FCC operations were barely affected by the short lapse of government funding.
  • A new rule went into effect last week requiring that users of the Commission’s CORES database (including all broadcasters) update their FCC Registration Number (FRN) within 10 business days of any change.  Information that needs prompt updating includes a filer’s taxpayer identification number (TIN) or social security number (SSN) as well as contact information, including an individual’s name, position, address, telephone number, and email.  Look for more information on this requirement on our Broadcast Law Blog this coming week.
  • The FCC’s Media Bureau granted several assignment applications proposing Sinclair’s ownership of more than one of the top-4 ranked TV stations in the following Designated Market Areas (DMAs): Eugene, OR; Portland-Auburn, ME; Eureka, CA; Chico-Redding, CA; and Tri-Cities, TN-VA.  Sinclair initially made a showing that its ownership of two of  the top-4 ranked TV stations in these DMAs was in the public interest, but later withdrew that showing after the U.S. Court of Appeals for the Eighth Circuit vacated the top-4 restrictions (see our article here), asserting that special showing were no longer.  DIRECTV filed petitions to deny against the applications, arguing that granting the applications was not in the public interest because Sinclair would charge higher retransmission consent fees due to its greater market share, and that, even after the Eighth Circuit’s decision, applicants still must show that owning two of the top-4 ranked stations in a DMA was in the public interest.  The Bureau rejected DIRECTV’s arguments, finding that DIRECTV failed to provide any transaction-specific arguments why granting the applications was not in the public interest—finding that harm from increased retransmission consent fees was speculative – and that, after the Eighth Circuit’s decision, no special showing was needed to own two of the Top 4 stations in any market.
  • The FCC’s Public Safety and Homeland Security Bureau granted three Florida radio stations a waiver of the FCC’s Emergency Alert System (EAS) equipment rules to allow them to continue operating without EAS equipment while the stations were moved to a new transmitter site.  The FCC’s rules require stations to have EAS devices installed and capable of sending and receiving EAS tests and messages when the stations are operational.  The Bureau found reason to grant the waiver, noting that the licensee only requested waiver for a very short period (2 hours) during the station move and pledged not to proceed with the move if there was a risk of an emergency event or a planned EAS test. 
  • The Media Bureau released a Notice of Proposed Rulemaking and a Report and Order regarding proposed changes to the TV Tables of Allotments:
    • The Bureau released an NPRM proposing the substitution of Channel 10 for Channel 36 at Norwell, Massachusetts as the petitioner requesting the substitution no longer intends to build out the Channel 36 facilities authorized by a construction permit.  The Commission considers a channel changed once a construction permit proposing such a change is granted, even before operations on the new channel commence, thus requiring this allocation rulemaking to reauthorize the use of channel 10 even though the station in this case had been operating on that channel all along. 
    • The Bureau also released a Report and Order granting the substitution of UHF Channel 33 for VHF Channel 8 for a station at Hutchinson, Kansas due to the long history of VHF reception issues among the TV station’s viewers.
  • The FCC’s Enforcement Bureau issued a Notice of Violation against a Hawaii FM station after an inspection revealed that the station was potentially creating interference with aviation communications in the 108-137 MHz band.  The station must now explain to the Bureau how it will correct the rule violation and prevent future violations from occurring. 
  • The Media Bureau dismissed a construction permit application for a new Florida LPFM station after the applicant failed to provide a complete response to the Bureau’s request for additional information regarding the applicant’s eligibility to own an LPFM station (for LPFM stations outside of the top 50 urban markets, either the applicant must be physically headquartered or 75% of its board members must reside within a 10-mile radius of its proposed station’s transmitter site).  The Bureau stated that applicants have an affirmative duty to respond fully to the FCC’s requests for information regarding an application to ensure the FCC’s proper processing of an application, and failure to do so could result in the application’s dismissal. 

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.

  • Funding for the FCC’s operations, as well as that of many other government agencies, expired at the end of the day on Friday, January 30.  While the Senate has approved bills that would continue to fund the FCC and most other government agencies through the end of this fiscal year (September 30, 2026), that legislation must pass the House before becoming effective.  Press reports indicate that the Speaker of the House may schedule a vote on the Senate legislation as early as Monday evening, which could avert an extended shutdown – though it is not clear whether an expedited vote will be able to pass the House.  In response to its lapse in funding, the FCC released one Public Notice announcing that it would be open for regular business on Monday, and it issued a second release setting out its plans for an “orderly shutdown” if the funding is not quickly approved.  Watch for news about Congressional action to see if the FCC remains open for normal business after Monday.  If it does not, much routine business, including the processing of pending applications, could stop as it did during the shutdown in the Fall. 
  • The FCC released a draft Public Notice on a planned window for filing for new noncommercial educational (NCE) reserved band (Channels 201-220) FM translator stations.  While most of the processing rules (and the dates) for this window would be set by the Media Bureau at some point in the future, this Notice, if adopted at the FCC’s next regular monthly Open Meeting on February 18, proposes that the filing window be limited to the licensee or permittee of the existing NCE FM station, noncommercial AM station, or LPFM station that the proposed translator will rebroadcast.  The FCC also proposes limiting each applicant to no more than 10 applications in total, except that Tribal LPFM applicants would be limited to 4 applications and all other LPFM applicants would be limited to 2 applications.  If the Public Notice is adopted, comment dates on these proposed eligibility criteria would be set after the notice is published in the Federal Register.  For more on this proposed window, see the article we published on Friday on our Broadcast Law Blog. 
  • At its January Open Meeting, the FCC adopted two orders dealing with foreign ownership of communications companies, including broadcasters:
    • The first is a Report and Order which will require all broadcast licensees and permittees, to file a certification stating if they are owned or controlled by a “foreign adversary.”  The Order defines foreign adversaries as the Peoples’ Republic of China, Cuba, Iran, North Korea, Russia, and Venezuela (if related to ousted politician Nicolás Maduro).  Entities certifying yes would then need to disclose all ownership interests held by a foreign adversary (including interests held by their citizens or companies organized under their laws) of 10% or greater and describe the nature of the foreign adversary’s control.  Information about airtime leased (as identified by a broadcaster through their required determination if any lessee of broadcast time is a representative of a foreign government—see our discussion here) to foreign adversaries also must be reported.  The Order provides a different schedule for reporting based on the broadcaster’s size (larger broadcasters reporting more often), and detailed rules on exactly how such reporting will be done.  The first filings will be done 60 days (120 days for smaller entities) after the FCC launches a new database for this reporting. The FCC may revoke authorizations if an entity fails to file the required certification or fails to timely correct certifications that the FCC finds deficient.
    • The second Report and Order clarifies the FCC’s policies for reviewing proposals under Section 310(b) of the Communications Act seeking approval for foreign ownership of more than 25% of an entity that owns or controls a broadcast licensee.  Section 310(b) prohibits foreign entities, individuals, and governments from holding ownership interests of more than 20% in an FCC licensee, but it permits their ownership or control of more than 25% in a U.S. entity that directly or indirectly controls an FCC licensee, if the FCC finds that such ownership is in the public interest.  The process for filing “petitions for declaratory ruling” asking the FCC to make such a public interest determination, and the standards used to evaluate these “PDRs,” have been adopted through decisions in specific cases and policy statements.  The Order tries to provide a clearer statement of the FCC’s policies and procedures by embodying them in actual FCC rules.  The Order also adopts rules clarifying how these policies apply to non-profit entities that hold broadcast licenses.  The Order directs the FCC’s Media Bureau to issue guidelines for processing applications by an applicant while its PDR is pending.
  • The Media Bureau released a Notice of Deletion of FM Channel proposing to delete vacant Channel 277C at Freeport, Texas because it does not comply with the FCC’s minimum distance separation requirements.  The Bureau states that Channel 277C at Freeport is considered a vacant FM channel after the cancellation of a station’s license that was authorized to use that frequency.  The Bureau also asserts that the proposed channel deletion is in the public interest because deleting the channel resolves the existing FM spacing conflict with Channel 227C2 at Wharton, Texas and there are no alternative fully-spaced channels available for use at Freeport.  Comments and reply comments responding to the Notice are due March 13 and March 30, respectively.
  • The Media Bureau affirmed its dismissal of a construction permit application for a new Texas LPFM station.  In June 2024, the Bureau dismissed the application because the applicant failed to demonstrate reasonable assurance of transmitter site availability because it not only failed to communicate with the actual tower site owner, but a court injunction barred the use of the proposed site.  The applicant advanced new facts to argue that it indeed communicated with the actual tower site owner regarding the site’s availability and the court injunction did not apply to the applicant.  The Bureau rejected the applicant’s arguments because the new arguments were based on facts that could have been raised when the initial objections about its site availability were filed and, even if the new facts were considered, they still did not establish that the applicant had reasonable assurance of site availability when it filed its application as required by LPFM application processing rules. 

On our Broadcast Law Blog, we took a look at February’s regulatory dates and deadlines affecting broadcasters, which include routine Annual EEO Public Inspection File Reports in eight states; ATSC 3.0 and Earth Station rulemaking comment deadlines; effective dates for some new rules for Class A, LPTV, and TV Translator stations; and lowest unit rate political windows in a number of states.