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 May 23 is the effective date of its January Order increasing its application fees, including those for broadcast station applications, by an average of more than 17% to reflect changes in the Consumer Price Index.  When the Order was issued, as we noted here, then FCC Chairman-designate Carr issued a concurring statement highlighting that the fee increases would unduly burden FCC-regulated entities, but reluctantly voted to approve the increases as the FCC is statutorily required to adjust its fees to reflect inflation.  When the revised fees were announced, we provided more details on the specific increases in fees for various broadcast applications on our Broadcast Law Blog.
• The National Association of Broadcasters filed comments with the Office of Management and Budget arguing that the OMB should not approve the expansion adopted in June 2024 of the FCC’s foreign sponsorship identification rules, expanding the requirement that broadcasters determine whether those who “lease” program time are foreign government agents to cover buyers of advertising spot time that is not for a commercial product or service (e.g., paid PSAs and issue ads, see the discussion on our Blog here).  The expanded rules require OMB approval before they can take effect.  The NAB contends that the expanded rules are unlawful, exceed the FCC’s statutory authority, violate broadcasters’ First Amendment rights, and conflict with the Trump Administration’s deregulation policies.  The NAB also contends that the FCC significantly underestimates the burdens that the new rules will place on thousands of broadcast stations and their advertisers and sponsors.  As we discussed here, the NAB is separately challenging this expansion of the rules in court. 
• Gray Television filed a petition for rehearing of the U.S. Court of Appeals for the 11^th Circuit’s Opinion vacating the FCC’s $518,283 fine against Gray for violating the FCC’s Top-4 Prohibition but agreeing that Gray violated the rule (see our discussion here).  The Prohibition restricts TV station licensees from acquiring the network affiliation or license of another in-market TV station when the licensee would hold two of the Top-4 rated TV stations in a Designated Market Area as a result of the transaction.  Gray requests that the full 11^th Circuit vacate the decision for reasons including that the FCC lacked statutory authority to enforce the Top-4 Prohibition and because the FCC’s fine violated Gray’s right to a jury trial under the Seventh Amendment following the Supreme Court’s recent decision in SEC v. Jarkesy and the Fifth Circuit’s decision in AT&T v. FCC, which, as we discussed in our weekly summary last week, undermines the FCC’s authority to issue fines.  
• The Center for American Rights filed a news distortion complaint with the FCC against ABC, CBS, and NBC for their recent news reports regarding a Maryland man who is a permanent U.S. resident that a federal court found was wrongly deported to El Salvador by the Trump Administration.  CAR claims that the broadcast networks intentionally distorted key facts regarding the circumstances of the individual’s deportation, including failing to state that he was an illegal alien and not a permanent U.S. resident, and that an immigration judge found him to be a member of the MS-13 gang.  CAR cites some of FCC Chairman Carr’s statements on X in its complaint, including Carr’s statements in February regarding the lack of public trust in legacy media and Carr’s statement last week regarding Comcast’s coverage of this particular issue.
• FCC Commissioner Gomez announced that she will participate in a nationwide series of speaking engagements and listening sessions focused on protecting the First Amendment’s rights and freedoms.  The events will also provide Gomez with a forum for engaging stakeholders and the public in a discussion on how the FCC is being weaponized to attack freedom of speech in the media sector – including its recent investigations of broadcasters for their newsroom editorial decisions – instead of focusing on the agency’s core mission of connecting the public, protecting consumers, and supporting competition.  The events will be open to the public and livestreamed where possible. 
• The FCC announced in the Federal Register that comments are due June 20 addressing the following proposals of radio stations to change their community of license: WQVD(AM), from Orange-Athol, Massachusetts, to Paxton, Massachusetts; WXRS(AM), from Wainsboro, Georgia, to Henderson, Georgia; KAZK(FM), from Willcox, Arizona, to Catalina, Arizona; KCRQ(FM), from Junction, Texas, to Cherry Spring, Texas; KRXD(FM), from McNary, Arizona, to Wagon Wheel, Arizona; WQBG(FM), from Elizabethville, Pennsylvania, to Carroll Township, Pennsylvania; and WQKX(FM), from Sunbury, Pennsylvania, to Elizabethville, Pennsylvania.
• The FCC’s Media Bureau announced that May 23 is the deadline for eligible applicants to file construction permit applications for the FM Channel 260C0 Tribal Allotment at Ethete, Wyoming, which is on the Wind River Reservation.  The filing window is open only to the Tribal entity that requested the channel and other eligible Tribes or Tribal entities who demonstrate their eligibility to file for the Tribal Allotment. 
• The Enforcement Bureau issued Notices of Violation against two Florida LPFM stations operated by the same licensee (here and here) after field inspections revealed that the stations were operating at power levels more than eight and nine times the levels authorized by their licenses.  The stations must now explain to the Bureau how they will correct the rule violation and prevent future violations from occurring.
• The FCC’s Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting against a Hartford, Connecticut landowner for allegedly allowing a pirate to broadcast from its property.  The Bureau warned the landowner that the FCC may issue fines of up to $2,453,218 under the PIRATE Radio Act if the FCC determines that the landowner continues to permit pirate radio broadcasting from its property after receiving this notice.
• The Media Bureau granted a TV station’s proposal to substitute UHF channel 15 for VHF channel 11 at Price, Utah.  The Bureau found that the proposed substitution complied with the FCC’s technical rules and that no viewers would lose service due to the channel change because the station had not commenced operations on its existing channel.  The Bureau also agreed that the substitution would allow the station to avoid the known viewer reception issues on its currently authorized VHF channel. 
• The Media Bureau granted two mutually exclusive construction permit applications for new Texas LPFM stations on a time-sharing basis after denying a third mutually exclusive construction permit application due to its applicant’s failure to respond to a petition to deny filed against the application.  Since the Bureau found that the remaining applicants qualified for the same number of points under the points system analysis used to evaluate mutually exclusive LPFM applications, the Bureau ordered the applicants to submit a time-sharing proposal or it would impose one on the stations.