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new rule reinforces that broadcasters do have an obligation to update their information to comply with the rules, as outdated information could result in legal penalties – but panic is likely not in order.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. 

The new FCC rule that has caused so much consternation was adopted not in any broadcast proceeding – or even in any proceeding specifically looking at the use of the CORES accounts broadly across the FCC.  Instead, in a proceeding cracking down on unwanted robocalling, the FCC adopted a new rule that requires FRN information to be updated within 10 business days of that information changing – with penalties of $1,000 a day for the failure to do so.  The 10-day requirement, applying to all FCC-regulated entities, while new, only replaced a previous obligation to update FRN information “promptly” (without specifying exactly what “promptly” meant).  The $1000 per day fine, as clarified by an FCC Public Notice released last Friday, applies only to robocallers.  No specific penalty for other FCC-regulated entities or individuals who do not timely update their information was specified.

If a broadcaster has an FRN with current and accurate information, nothing more is required (except for the future obligation to update that information when it changes).   All the new rule does is provide more specificity as to how quickly the correction of information in FRNs needs to be corrected when it becomes outdated – specifying that it should be done within 10 business days.

There is no indication that, outside of enforcement activities connected to robocalling, the FCC plans any widespread auditing of outdated FRNs.  But, in the past we’ve seen outdated information in CORES result in an add-on to fines imposed for other reasons.  If the FCC finds some violation, and in the course of investigating that violation it discovers that relevant FRN information is outdated, the fine for the initial violation may be increased because the FRN information was not promptly updated. 

If the FCC finds this information is incorrect in other instances, it could also impose a fine.  But such a fine would likely, unless egregious, be only a few thousand dollars (the base fine for failure to file required information with the FCC is $3000 and there have been other indications that the fines may be as low as $1000, the fine for failure to maintain accurate records). Outside of robocalling, again absent some enhancing factors making the violation appear worse than a simple paperwork violation, the fine is not likely to be imposed on a daily basis.

But, as the new rule imposes a strict 10-business day update requirement, broadcasters should endeavor to keep their FRNs up to date accordingly.  If nothing else, you will want updated contact information in the FCC’s records should the FCC want to reach out to you on a particular issue.  And you don’t want former employees to have access to your FCC accounts, where a disgruntled former employee could potentially cause regulatory issues for the licensee.

Note that there are problems that can arise for broadcasters in seeking to comply with the information update requirement.  Many companies have over the years registered for multiple CORES accounts and multiple FRNs.  Some may have a long-unused FRN with an associated CORES registration listing a retired former employee, an out-of-date phone number, or an old email address (this complicates the ability to reset a forgotten password as the password reset option sends a link to the email address on file).  Information may also be on file for old owners who no longer have any attributable interest in any broadcast stations and no longer do business with the FCC.  So, updating the FRN information for all of your associated FRNs should be on every broadcaster’s agenda.

Especially for old FRNs, this updating process may take some work.  Much may have to be done manually or with the assistance of FCC staff.  Where an applicant has multiple FRNs, the FCC’s CORES team will need to ensure that deactivating the unused ones will not break the data integrity of its databases (FRNs for attributable owners was required so that, in connection with the filing of ownership reports, an owner’s interests could be tracked across multiple licensees; the ability to do so could be impeded if one licensee deactivated one FRN for an individual who is connected with different, current licensees).  In some cases, FCC staff may also facilitate swapping an FRN associated with a particular license for a different FRN of the same entity, but this is not always guaranteed and is usually a manual process.

Requests to deactivate or consolidate FRNs can be submitted to the CORES team at https://www.fcc.gov/wireless/available-support-services.   You can also call 877-480-3201 (Mon.-Fri. 8 a.m.-6 p.m. ET).  Working to reset passwords can also be done through these numbers.  If you call, we recommend also sending a written help request documenting the verbal request and the information received. 

Even the simple updates that can be done online may not be easy.  The CORES database can be slow and, with many entities and individuals now trying to verify and update their FRN information, the CORES database may now be extremely slow or even offline for extended periods.  Be patient and keep trying.

FRNs, like all FCC information, should be kept up to date and accurate.  Like the online public inspection file, the political file, the Licensing and Management System, and ASRs to register the ownership of towers, paperwork requirements can be overlooked and, if overlooked, can lead to fines or other enforcement actions.  While there is no need to panic, this new rule should incentivize broadcasters to review all of their FCC information, not just their FRNs, and ensure that it is accurate and up to date to avoid the penalties that can ensue from outdated information.