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Today, we would normally publish our look back at the prior week’s regulatory activity of importance to broadcasters but, as we noted last week, we are taking this week off and will publish a summary of the regulatory activity during the two week holiday period next Sunday.  But, as the start of a new month is upon us, we instead offer our regular look ahead at regulatory dates and deadlines for January.   

With each New Year, there are a host of new regulatory deadlines to keep broadcasters busy.  In January, this includes some recurring FCC deadlines like Quarterly Issues/Programs lists for all full power broadcasters, and a host of other quarterly obligations that are not as widely applicable.  For TV broadcasters, the month brings obligations including the annual children’s television reports on educational and informational programming and a public file certification on commercial limits, as well as the extension to stations in 10 additional markets of the audio description requirements. 

In addition to comments in rulemaking proceedings described below, January brings some new obligations.  For commercial broadcasters streaming audio programming on the Internet, there are new SoundExchange royalties that cover performances made on and after January 1, and a requirement for a higher minimum fee due at the end of the month.  There is also a freeze that will be imposed on applications for major changes by existing LPTV stations and TV translators related to a window that will open in March, the first window in well over a decade for the filing of applications for new LPTV stations. 

Let’s look at some of the specific dates and deadlines for broadcasters in January, starting with the routine deadlines that come up every January, and then moving to some of new obligations for 2026.  After that we provide January deadlines for comments in rulemaking proceedings (including reply comments on proposed changes to the FCC’s ownership rules and initial comments on proposals to speed the ATSC 3.0 conversion), a look at lowest unit rate windows that open in January for 2026 elections, and finally a few deadlines in early February.

Continue Reading January 2026 Regulatory Dates for Broadcasters – Quarterly Issues/Programs Lists, Children’s Television Programming Reporting, New Webcasting Royalties, Expansion of Audio Description Requirements, Comment Deadlines, 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.

  • The FCC’s Media Bureau announced that the deadline for broadcasters to comply with the new foreign sponsorship identification requirements has been extended from December 8 until June 7, 2026.  In June 2024, the FCC released a Report and Order providing broadcasters with a written certification with standardized language to determine whether those who “lease” program time on their stations are foreign governments or their agents, and also included in the definition of “leased programming” spot advertising not promoting commercial products or services, or bought by political candidates – thus bringing issue ads and paid PSAs under the requirement that broadcasters verify that their sponsors are not foreign governments or their agents (see our Broadcast Law Blog discussion here).  The extension means that use of the new certification language, or other language with comparable meaning, will not be required until June 7, 2026.  The extension also presumably extends the compliance deadline for the verification of the sponsors of paid PSAs and issue ads.  Note, however, that broadcasters since March 2022 have had an obligation to obtain some assurances that buyers of program time are not foreign governments or their agents – though the precise wording for those assurances was not specified by the FCC (see our articles here on the initial obligation and here on a court decision modifying that requirement).  That obligation remains in effect.
  • The Media Bureau reminded broadcasters that its audio description rules will take effect on January 1, 2026 for TV stations affiliated with the Top 4 Networks (i.e., ABC, CBS, Fox, and NBC) operating in Nielsen Designated Market Areas (DMAs) 111 through 120: (111) Tyler-Longview, TX (Lufkin & Nacogdoches, TX); (112) Sioux Falls, SD (Mitchell, SD); (113) Fargo, ND; (114) Springfield-Holyoke, MA; (115) Lansing, MI; (116) Youngstown, OH; (117) Yakima-Pasco-Richland-Kennewick, WA; (118) Traverse City-Cadillac, MI; (119) Eugene, OR; and (120) Macon, GA.  In 2023, the FCC expanded its audio description requirements already in place in the top 100 DMAs to Top 4 Network-affiliated TV stations operating in DMAs 101 through 210, using a gradual process starting with markets 101-110 in on January 1, 2025 and adding ten new markets each year ending with DMAs 201 through 210 on January 1, 2035 (see our note here).  Audio description provides narrated descriptions of a television program’s key visual elements during natural pauses in the program’s dialogue, for the benefit of individuals who are blind or visually impaired.
  • The FCC announced comment and reply comment deadlines for three Notices of Proposed Rulemaking concerning earth station licenses, including those held by broadcasters:
    • Comments and reply comments are due January 2 and February 2, respectively, in response to the FCC’s 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.
    • Comments and reply comments are due January 5 and February 3, respectively, in response to the FCC’s NPRM proposing to auction a portion the Upper C-Band (3.7-4.2 GHz), which is s intended to fulfill Congress’ mandate in the One Big Beautiful Bill that the FCC complete an auction of that spectrum by July 2027.  To deal with existing spectrum users, 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 (incumbent earth stations being ones entitled to interference protection or reimbursement during any C-band transition).
  • Comments and reply comments are due January 20 and February 18, respectively, in response to the FCC’s 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. 
  • The Media Bureau announced pleading deadlines for public comments on the applications seeking FCC approval of Nexstar Media, Inc.’s acquisition of TEGNA Inc., which will result in Nexstar controlling more than two TV stations in 23 DMAs and holding interests in stations with a national audience reach of 54.5%.  The FCC’s rules currently prohibit a broadcaster from having more than two local TV stations in any market and from having interests in stations with a national audience reach exceeding 39%.  The parties note that there are proceedings underway that may change these ownership limitations, and request waivers of the FCC rules as necessary to permit the proposed transaction. 
  • Congressman Jamie Raskin (D-MD) sent the CBS ombudsman a letter asking whether President Trump improperly influenced CBS’ editorial discretion during the President’s 60 Minutes interview on November 2.  As we noted here, Skydance Media committed to appoint an ombudsman to handle bias complaints against CBS in connection with the FCC’s approval of its acquisition of Paramount, CBS’ parent company.  Raskin alleges that CBS made substantial edits to the broadcast of Trump’s interview, including removing questions about corruption after Trump objected.  Raskin also alleges that Trump directed CBS to omit his comments about the network’s $16 million settlement of Trump’s lawsuit against the network for its supposed deceptive editing of the 60 Minutes interview with then-Vice President Harris (see our note here), which, as we noted here, here, and here, is the basis of still pending news distortion complaint at the FCC.
  • The Media Bureau entered into a Consent Decree resolving an FCC investigation into complaints about the license renewal of a Massachusetts FM translator alleging that it rebroadcast an AM station’s signal without consent of the AM station’s licensee – despite repeated demands from the licensee to cease the rebroadcast.  The translator licensee disputed these allegations, saying it had approval for the rebroadcast from the AM station’s prior licensee, so the FCC found the complaint insufficient to deny the license renewal.  However, the Bureau found that the FM translator failed to update the FCC regarding its change in primary station, failed to broadcast the required station identifications, did not properly disclose its primary station in its license renewal application, and failed to pay the required filing fee for its renewal application.  The Consent Decree requires that the FM translator pay a $6,000 voluntary contribution to the U.S. Treasury.

Even with the holidays upon us, there are many regulatory dates for broadcasters in December and early January.  That is particularly true this year, now that the federal government shutdown has ended and the FCC is playing catch-up on regulatory deadlines.  As we discuss below and in more detail here, many of these revised dates for the submission of documents that would have been due during the shutdown will fall in the month of December. 

But before we dive into the December dates, one item that broadcasters can scratch off their calendars this month is the Biennial Ownership Report, which would have been due December 1.  In August, the FCC’s Media Bureau waived the filing requirement while the FCC considers whether to even continue the requirement for the filing of these reports (see our discussion here).  Broadcasters now have until June 1, 2027 to file the report unless the FCC concludes its review before that date and announces a different filing requirement.  The Media Bureau made clear that ownership reports required at other times (e.g., after the consummation of an assignment or transfer of broadcast station licenses or after the grant of a new station’s construction permit) are still required.  It is simply the Biennial Report required from all full-power broadcasters and from LPTV licensees that is on hold. 

Here are some of the upcoming dates and deadlines in December that you should be watching:

December 1 is the extended deadline for all full power and Class A television stations and full power AM and FM radio stations, both commercial and noncommercial, to upload their Quarterly Issues/Program lists for the third quarter of 2025 to their Online Public Inspection Files (OPIFs).  These lists were originally due October 10 but could not be filed by stations due to the government shutdown.  The lists should identify the issues of importance to the station’s service area and the programs that the station aired between July 1 and September 30, 2025, that addressed those issues.  These lists must be timely uploaded to your station’s OPIF, as the untimely uploads of these documents probably have resulted in more fines in the last decade than for any other FCC rule violation.  As you finalize your lists, do so carefully and accurately, as they are the only official records of how your station is serving the public and addressing the needs and interests of its community.  See our article here for more on the importance that the FCC has, in the past, placed on the Quarterly Issues/Programs list obligation.

Continue Reading December 2025 Regulatory Dates for Broadcasters – Post-Shutdown Deadlines, EEO Public File Reports, Comment Deadlines, 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.

  • The FCC and the FCC’s Media Bureau released several Public Notices (here, here, here, and here) announcing revised filing and regulatory deadlines following its reopening after the end of the federal government shutdown.  As we noted last week here, the FCC initially released a Public Notice announcing extensions for filings due during the shutdown, generally through November 18, in anticipation of the large influx of filings that the FCC expected after reopening, but stated that additional guidance on possible further extensions would be provided.  As FCC databases for the most part did not come back online until November 18, this past week’s notices further extended many deadlines, including for station uploads to their Online Public Inspection Files and political files, Special Temporary Authority expirations, and construction permit expirations, as well as the dates for filing applications for LPTV/Translator major changes.  On our Broadcast Law Blog, we took a detailed look at these revised filing and regulatory deadlines. 
  • The Media Bureau announced that comments and reply comments are due December 17 and January 16, respectively, in response to its Notice of Proposed Rulemaking seeking public comment on 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 the number of radio stations one entity may own, in the largest markets, to at most 8), the Local Television Ownership Rule (limiting an entity to owning two TV stations in a DMA), and the Dual Network Rule (prohibiting 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).  We looked at some of the questions in the 2022 Quadrennial Review, including an in-depth look at some of the issues facing the radio industry, in an article on our Broadcast Law Blog here. 
  • The Media Bureau released a Public Notice seeking comment on the current relationship between national TV broadcast networks and affiliated local TV stations – a review which the Bureau states the FCC has not undertaken in over 15 years.  The Bureau seeks to identify barriers that may be imposed by the network-affiliate relationship that prevent local TV stations from meeting their public interest obligations and responding to the needs of their local communities.  Specifically, the Bureau seeks comment on issues including the current status of the relationship between national programmers and local TV affiliates, whether their relative bargaining positions have changed in recent years, whether network affiliation agreements impede local affiliates’ ability to maintain control over station programming, and whether national programmers are punishing local affiliates for exercising their right to preempt network programming.  The Bureau also asks whether the FCC should initiate a rulemaking proceeding to update its rules to address network practices and, if so, what practices should be prohibited.  Comments and reply comments are due December 10 and December 24, respectively.
  • The Media Bureau announced that comments and reply comments are due January 20 and February 18, respectively, in response to the FCC’s 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 FCC 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.  The FCC also seeks comments on issues including the use of encryption and digital rights management, requirements for multichannel video programming distributors like cable and satellite TV to support ATSC 3.0 signals, requirements for manufacturers to include ATSC 3.0 tuners in new TVs, and the sunset of ATSC 1.0 service.
  • The FCC released an NPRM proposing to auction a portion the Upper C-Band (3.7-4.2 GHz).  We stated in our note of the draft NPRM’s release (here) that the 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.  To deal with existing users of the spectrum, the NPRM 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 (incumbent earth stations being ones entitled to interference protection or reimbursement during any C-band transition).
    • Also, the FCC’s Space Bureau released a Public Notice containing an updated list of earth stations operating in the Upper C-Band (4.0-4.2 GHz), which would likely define those who are incumbent earth stations.  This corrects a list issued in September (see our note here) which improperly omitted many incumbent earth stations, including many used by broadcasters.  The updated list, including many used by broadcasters that previously had been omitted, can be found here.  The Bureau reminds these “incumbent” users of the C-Band to update registrations if changes are made, and to notify the FCC if these earth stations are no longer actively used.
  • Nexstar and TEGNA announced that they had filed applications with the FCC to transfer control of TEGNA to Nexstar.  TEGNA currently owns 64 TV stations, one AM radio station, one FM radio station, and related auxiliary licenses.  TEGNA and Nexstar state that the proposed transaction would result in Nexstar controlling more than two TV stations in 23 Nielsen Designated Market Areas (DMAs), and would result in Nexstar holding interests in stations with a national audience reach of 54.5%.  The FCC’s rules currently limit local TV station ownership to two stations per market and generally prohibit broadcasters from having interests in stations with a national audience reach exceeding 39%.  While the parties note that there are proceedings underway that may change these ownership limitations, they request waivers of the FCC rules as necessary to accommodate the proposed transaction.  Additionally, although the U.S. Court of Appeals for the Eighth Circuit vacated and remanded the FCC’s decision in the 2018 Quadrennial Review Order to retain the Top-4 Prohibition (effectively doing away with the prohibition on broadcasters owning two of the top-4 affiliated TV stations in a DMA, see our note here), the parties also request a waiver of that requirement to the extent required.
  • FCC Chairman Carr sent PBS and NPR a letter demanding to know whether they aired the 12-second video clip of a 2021 speech by President Trump just before the January 6 storming of the Capitol as edited by the BBC to put two lines from different parts of the speech back to back in a manner that Trump has claimed is deceptive and over which he threatened to sue the BBC.  Carr suggests it would be “news distortion” if PBS and NPR aired the BBC programming and requests that they provide transcripts and video of any such broadcasts. 
  • Chairman Carr also responded to letters from members of Congress on several broadcast-related issues:
    • Several members of Congress sent letters to Chairman Carr (see here, here, here, and here) regarding Carr’s apparent suggestion in a podcast interview that the FCC could penalize ABC/Disney if the company failed to discipline late-night host Jimmy Kimmel over comments he made on Charlie Kirk’s assassination (see our notes here and here).  Carr responded (see here, here, here, and here) that Democrats incorrectly claimed that the FCC threatened to revoke ABC/Disney’s broadcast licenses if it did not fire Kimmel.  Carr stressed that the FCC has an important role to play in ensuring that local broadcast stations operate in the public interest, including by being able to preempt national network programming that they deem to be inconsistent with their local viewers’ values.
    • Congressman Ellzey (R-TX) and Congresswoman Hoyle (D-OR) sent a letter to Chairman Carr recommending that the FCC adopt a new Emergency Alert System (EAS) code for Missing and Murdered Indigenous Women and People (MMIWP), arguing that the existing Missing and Endangered Persons (MEP) code does not appropriately address the disproportionate rates at which American Indians and Alaska Natives go missing.  Carr responded that the FCC did not adopt a separate MMIWP code because the MEP code was designed to cover MMIWP, and many tribes and tribal organizations were consulted in the process.
    • Senator Rounds (R-SD) and Congressman Johnson (R-SD) sent a letter to Chairman Carr inquiring why northern Union County, South Dakota was designed as part of the Sioux City, IA DMA instead of the Sioux Falls, SD DMA, to which they claimed that viewers in northern Union County have stronger ties.  Carr responded stating that the FCC cannot change the DMA map, which was created by Nielsen based on audience surveys.  Carr, however, stated that a broadcaster, cable operator, or satellite provider (or the county government in the case of a satellite market modification petition) can petition the FCC to modify the communities in a TV station’s market for cable and satellite TV carriage purposes – which could allow in-state stations in Sioux Falls to be carried in Union County with the consent of the station.
  • The FCC’s Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting against a Williamsburg, Virginia landowner for allegedly allowing a pirate to broadcast from its property.  The Bureau warned the landowner that the FCC could issue a fine of up to $2,453,218 under the PIRATE Radio Act if the landowner continues to permit pirate radio broadcasts from its property.
  • The Enforcement Bureau also issued a Notice of Violation against a California FM translator station after a field agent observed that the translator was emitting signal on frequencies removed from its licensed frequency at levels not permitted by the FCC’s technical rules.  The translator’s licensee must explain to the Bureau its corrective actions and how it will prevent future violations from occurring. 

Wasting no time following the reopening of the government, the FCC has published its Notice of Proposed Rulemaking in the 2022 Quadrennial Review in the Federal Register, setting December 17 as the deadline for initial comments on the questions asked by the FCC.  We summarized the issues raised by the FCC in our article here.  While the FCC will review the local radio ownership limits for television, following the prohibitions on owning two of the top 4 TV stations in a market being thrown out by the 8th Circuit Court of Appeals in July (see our article here), that FCC review will focus principally on whether the ownership limit of two TV stations in a market should be continued, or if one party should be able to own more. The 39% cap on national ownership of TV stations is being considered in a separate proceeding (see our discussion here).  The FCC will also look at the dual network rule, which currently forbids the common ownership of two of the top 4 TV networks.  With control issues seemingly settled for now at the networks, pressure to move on reform of that rule may have lessened.  Probably the biggest impact of the Quadrennial Review will be on radio, where the local ownership rules have remained unchanged since 1996, limiting one owner from owning more than 8 stations (only 5 of which can be FM stations) in even the biggest markets with more than 45 total stations. 

Radio’s role in the media marketplace has become more and more challenging over the last decade, as its traditional place in the car has been challenged by new audio entertainment options.  As those options proliferate, sounding and functioning  more and more like radio, they are becoming more accessible to the public and more and more popular with listeners.  Over-the-air radio now competes with streaming services, podcasts, satellite radio, and other audio media.  These changes in listening habits are coupled with a change in the advertising marketplace, as the digital media giants now take over two-thirds of the local advertising market that was once the province of radio, television and newspapers.

Continue Reading December 17 Comment Date Set in 2022 Quadrennial Review Looking at Local Ownership Rules – What is at Stake, Particularly for Radio?

As 2024 comes to an end, 2025 is beginning to come into focus – a new year that will likely bring big changes to the Washington broadcast regulation scene with the inauguration of a new President and installation of a new FCC chair who has already promised to move forward with policies very different than those of the current administration (see our discussion here and here).  But while we are waiting for the big changes that may occur, there are many more mundane dates and issues to which broadcasters need to pay attention.  Let’s look at what is coming up in the next month.

Broadcasters need to remember that January 10 is the deadline for all full power and Class A TV stations, and full power AM and FM radio stations, both commercial and noncommercial, to upload to their Online Public Inspection Files their Quarterly Issues/Program lists for the fourth quarter of 2024.  The lists should identify the issues of importance to the station’s community and the programs that the station aired between October 1 and December 31, 2024, that addressed those issues.  These lists must be timely uploaded to your station’s OPIF, as the untimely uploads of these documents probably have resulted in more fines in the last decade than for any other FCC rule violation.  As you finalize your lists, do so carefully and accurately, as they are the only official records of how your station is serving the public and addressing the needs and interests of its community.  See our article here for more on the importance of the Quarterly Issues/Programs list obligation.

Continue Reading January 2025 Regulatory Updates for Broadcasters – Quarterly Issues/Programs Lists, Children’s Television Programming Reporting, Expansion of Audio Description Requirements, 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.

  • President-elect Donald Trump announced that FCC Commissioner Brendan Carr will serve as the next FCC Chairman when Trump takes office on January 20, and FCC Chairwoman Rosenworcel announced that she will be departing the FCC that same day.  Chairwoman Rosenworcel and Commissioners Gomez, Starks, and Simington issued statements congratulating Carr.  Commissioner Gomez also issued a statement thanking Chairwoman Rosenworcel for her leadership.  See our article on our Broadcast Law Blog for a discussion on what Carr’s regulatory priorities may mean for broadcasters.
  • The FCC released an Order adopting permanent rules permitting broadcasters to originate programming on FM boosters for up to three minutes per hour for news, advertising, or other content different than that on the primary station (see our article providing more details about this permitted service, written in April when the FCC initially approved this use of  the “geocasting” or “zonecasting” technology).  When the newly adopted rules become effective, initiating such service on an authorized booster will not require FCC prior approval.  Instead, broadcasters only need to notify the FCC, using a form to be developed by the FCC’s Media Bureau, of their intention to begin program origination on an authorized booster 15 days before that operation begins.  The Order also adds rules formalizing other restrictions that were adopted in the FCC’s April order – including capping the number of originating boosters that a single FM or LPFM station can operate at 25 and extending the FCC’s political advertising and political file requirements to originating boosters.  Many of these new rules require the Office of Management and Budget’s approval before becoming effective, so watch for a future announcement of their effective date. 
  • The National Association of Broadcasters requested an 18-month extension of the November 26 deadline to comply with the FCC’s rule requiring TV stations to provide an aural description of non-textual emergency information, such as maps or other graphic displays, conveyed outside of station newscasts.  The extension is requested to permit the FCC to consider NAB’s proposal to amend the rules.  As we discussed, here, here, and here, and here, the FCC has extended this deadline numerous times since its 2013 adoption because of the unavailability of technology needed for stations to comply.  The NAB now requests a rule change allowing broadcasters to meet the FCC’s requirements if they provide “textual crawls that provide emergency information duplicative or equivalent to the information conveyed by the visual image.” Otherwise, NAB argues, many stations will cease airing visual images regarding emergencies if the rule takes effect later this week.  See our article on our Blog for more on the NAB’s petition.
  • The FCC released a draft Notice of Proposed Rulemaking proposing to update several TV and radio rules.  Many of the proposed changes deal with minor changes to rules for processing applications or they clarify or update the language of ambiguous rules.  Some of the more notable proposals include: (1) allowing AM stations seeking to improve their facilities at their current transmitter sites to request power increases of less than 20% (to eliminate burdens on FCC staff, current rules require do not allow a power increase of less than 20% to be considered by the Commission); (2) allowing directors or designated employees to sign FCC applications – not just officers; and (3) allowing STAs for technical or equipment problems to be granted for 180 days, rather than the 90 days currently permitted by the rules.  The FCC will vote on the draft NPRM at its December 11 Open Meeting.
  • The FCC’s Media Bureau reminded broadcasters that its audio description rules will take effect on January 1, 2025 for TV stations affiliated with the Top 4 Networks (i.e., ABC, CBS, Fox, and NBC) operating in Nielsen Designated Market Areas (DMAs) 101 through 110: (101) Tri-Cities, TN-VA; (102) Reno, NV; (103) Greenville-New Bern-Washington, NC; (104) Davenport-Rock Island-Moline, IA-IL; (105) Tallahassee-Thomasville, FL-GA; (106) Lincoln & Hastings-Kearney, NE; (107) Evansville, IN; (108) Ft. Wayne, IN; (109) Johnstown-Altoona-State College, PA; and (110) Augusta-Aiken, GA-SC.  In 2023, the FCC expanded its audio description requirements to Top 4 Network-affilated TV stations operating in DMAs 101 through 210 beginning with DMAs 91-100 on January 1, 2024, and ending with DMAs 201-210 on January 1, 2035 (see our discussion here).  Audio description provides narrated descriptions of a television program’s key visual elements during natural pauses in the program’s dialogue, for the benefit of individuals who are blind or visually impaired.
  • The Media Bureau also entered into a Consent Decree with an Indiana TV station for failing to timely file its license application for its digital replacement translator (DRT) and operating its DRT without FCC authorization for more than four years after it had completed construction of the DRT, including for 18 months after its DRT’s construction permit had expired.  DRTs allow TV stations to continue providing service to viewers that have lost service following a digital transition.  As with the construction of most broadcast facilities, an application for license must be filed when construction of new facilities authorized in a DRT construction permit are completed.  The Consent Decree requires that the station pay a $8,500 penalty and enter into a compliance plan to ensure that future violations do not occur.

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 adopted a decision resolving the FCC’s long-pending proceeding on whether to authorize FM “zonecasting” or “geo-targeting,” permitting FM booster stations to originate programming on a limited basis.  Zonecasting enables broadcasters to air advertisements, news, or other content focused on small geographic areas by originating programming on an FM booster different than that which is aired on its primary station.  As we discussed here, many broadcasters were opposed to zonecasting because of the potential for interference and a negative impact on broadcast localism.  The FCC nevertheless approved its use for up to three minutes per hour on up to 25 boosters for any station.  While the FCC decided that it would adopt processing and service rules for zonecasting in a later order, FM broadcasters will be allowed to originate programming on boosters under experimental authority until the final rules are adopted. 
  • The FCC affirmed the Enforcement Bureau’s decision to revoke a Pennsylvania FM station’s license because of its owner’s felony conviction for secretly taking nude photos of a woman, impersonating her on online dating sites, deleting evidence when the police investigated, and failing to present any evidence on his own behalf or to respond to discovery and other pleadings before an FCC Administrative Law Judge (ALJ) who had been tasked by the FCC to hold a hearing to determine if his conviction meant that he did not have the character qualifications to hold an FCC license.  After the hearing was terminated because he presented no exculpatory evidence and did not otherwise defend himself, the FCC’s Enforcement Bureau issued an order revoking his license.  This week’s decision resolved the appeal of the revocation order.  The Commission concluded that it was too late to introduce evidence first raised during that appeal about his station’s meritorious programming, his illness, and his reputation in the community, as that evidence should have been presented to the ALJ.  The decision also found that the felonious misconduct was recent, premeditated, and the destruction of the evidence was akin to fraudulent misrepresentation to a government entity, all of which showed that the licensee’s misconduct was sufficiently egregious to prevent him from holding an FCC license. 
  • The FCC released its quarterly public notice, Broadcast Station Totals, itemizing the number of stations currently operating in each broadcast service.  The release shows that, compared to the same release from a year ago, there are 45 fewer AM stations and 18 fewer commercial FM stations, but 101 more noncommercial FM stations.  There were 5 more commercial UHF TV stations and 2 more commercial VHF TV stations; and 3 more noncommercial UHF TV stations, with 3 fewer noncommercial VHF TV stations. 
  • The FCC’s Media Bureau issued two decisions concerning TV must-carry rights:
    • The Bureau concluded that an Alabama commercial TV station was entitled to mandatory carriage by DISH in the Columbus-Opelika DMA.  Under the Satellite Home Viewer Improvement Act of 1999 (SHVIA), satellite TV providers must carry, upon demand, a TV station in its local market.  In implementing SHVIA, the FCC found that while a station’s local market for satellite carriage purposes is generally its Nielsen-defined designated market area (DMA), it may also include its community of license’s DMA if it differs from its Nielsen-assigned DMA.  In this case, the station was licensed to Opelika in Lee County, Alabama – which is in the Columbus-Opelika DMA.  The station has a distributed transmission system providing service to the Atlanta DMA, and Nielsen assigns the station to that DMA.  DISH recognized the station’s mandatory carriage rights only in the Atlanta DMA and in Lee County, while the station asserted rights to carriage throughout the Columbus DMA.  The Bureau concluded that the station was entitled to carriage throughout both DMAs because Nielsen assigned the station to the Atlanta DMA and its city of license is within the Columbus-Opelika DMA. 
    • The Bureau affirmed its previous denial of a Fort Bragg, California TV station’s market modification petition to add Santa Rosa, California to its market.  Market modification allows a commercial TV station to add communities to its DMA for FCC purposes – expanding the scope of its must-carry rights – if the station can show that the addition of other communities would promote the local service goals of the must-carry rules.  Fort Bragg is in the San Francisco-Oakland-San Jose, CA DMA, and the station petitioned to add Santa Rosa to that DMA.  There are five factors weighed by the Bureau in deciding such a case, and the Bureau’s initial decision balanced the following determinations to decide that carriage was not warranted: (1) the station’s historic carriage by other cable operators in Santa Rosa only slightly weighed in favor of market modification as it was carried on only one system in the community for an extended period and that its DISH and DirectTV coverage is not as important a factor as cable carriage; (2) the station’s local service did not favor carriage as its service contour did not reach Santa Rosa (and translator coverage cannot be used to support such a request), its city of license is far from Santa Rosa, and the local programming it offered was insufficient to overcome the distance and lack of coverage; (3) while carriage of the station would facilitate Santa Rosa consumers’ access to in-state programming, the Bureau did not see sufficient evidence to consider this a substantial plus in this case; (4) the station was not uniquely qualified to serve Santa Rosa due to the large number of other stations already carried there by cable operators; and (5) the station failed to show that there was sufficient evidence showing that the station had significant viewing in Santa Rosa.  This week’s decision denied reconsideration of the prior decision, finding that the station merely reiterated arguments already made, failing to show any legal error in the earlier analysis. 
  • The FCC’s Media Bureau issued an order upholding a proposed $9,500 fine to a Texas LPTV station that failed to file its license application as required by FCC rules for about 5 months after it completed construction of new facilities, and also operated at reduced power for three months without seeking an STA authorization.  The station requested reduction of the fine to $3,000 because its violations were unintentional and claimed that the fine was excessive because the Bureau was “targeting” the station due to a previous FCC violation.  The Bureau affirmed its proposed fine because the Bureau’s consideration of the station’s past violations is consistent with longstanding FCC policy, and that the station’s inadvertence does not excuse a violation of the rules – a fine already reduced when proposed in December due to the LPTV station’s secondary status. 
  • The FCC’s Media Bureau granted two new LPFM station construction permits over objections filed by other LPFM licensees:
    • The Bureau granted an Indiana LPFM construction permit application over an objection claiming that the application should be denied because the applicant failed to disclose that one of its principals, an Indiana pastor, had interests in a pirate radio station that operated from his church.  Those who operated pirate radio stations in the past cannot hold an LPFM license.  The objection was based on a Notice of Unauthorized Operations issued to the pastor by the Enforcement Bureau’s Chicago Field Office following its investigation of the pirate station.  The applicant responded to the objection by stating that the pastor turned off the pirate station at the FCC agents’ request, that he was not operating the station (it was instead operated by a church visitor) and, that, while he may have been gullible by allowing the operation at his church prior to receiving the Notice, he had not been found to have actually operated to the station.  This week’s decision concluded that there was no evidence that the pastor was involved in the pirate station’s operations and thus there was no reason to deny the application.
    • The Bureau granted a Pennsylvania LPFM construction permit application over a claim that the application should be denied because the applicant’s technical consultant – who the applicant originally listed as an attributable interest holder – was associated with two other Pennsylvania LPFM stations.  After the objection, the applicant amended its application to remove its technical consultant.  The Bureau found that the technical consultant’s provision of technical services to multiple LPFM stations did not show that the consultant held attributable interests in those stations, and thus there was no reason to deny the application.    

The new year brings a series of noteworthy regulatory deadlines for broadcasters in January.  As always, broadcasters should consult with their own attorneys and advisors to make sure that they are aware of and ready to act on any other deadlines that are not listed below.

Congress still has not passed budget bills for the fiscal year that started on October 1, and some of the “continuing resolutions” to fund the federal government at last year’s levels run out on January 19, with the FCC’s budget set to expire on February 2.  Thus, at least a partial government shutdown may well occur if Congress fails to act this month.  As we previously discussed here and here, if a government shutdown does occur, some government agencies may have to cease all but critical functions if they do not have any residual funds to continue operations.  If no funding is approved, the FCC will announce how any shutdown will affect it, including whether it has any residual funds to keep operating beyond any general funding deadline.  Watch Congressional actions and any FCC announcements to see how any deadlines that apply to your station will be affected by the funding deadline.

With those concerns in mind, let’s look at some of the specific dates and deadlines for broadcasters in January.  Beginning January 1, television stations affiliated with the Top 4 Networks and operating in Nielsen Designated Market Areas (DMAs) 91 through 100 will be added to the list of markets that are subject to the FCC’s audio description rules.  The DMAs where the rules become effective on January 1 are:  El Paso (Las Cruces), Paducah-Cape Girardeau-Harrisburg, Cedar Rapids-Waterloo-Iowa City & Dubuque, Burlington-Plattsburgh, Baton Rouge, Jackson, MS, Fort-Smith-Fayetteville-Springdale-Rogers, Boise, South Bend-Elkhart, and Myrtle Beach-Florence – in addition to Chattanooga and Charleston, SC, which were previously in DMAs 92 and 91, respectively, but are now in DMAs 84 and 88.  We reported here on the FCC’s recent reminder that these new markets will be subject to the audio description requirements as of January 1.  TV stations associated with the Top 4 networks in these markets are required to provide audio description for 50 hours of programming per calendar quarter, either during prime time or in children’s programming, and 37.5 additional hours of audio description per calendar quarter between 6 a.m. and 11:59 p.m. local time, on each programming stream that carries one of the top four commercial television broadcast networks (ABC, CBS, FOX and NBC). 

Continue Reading January Regulatory Dates for Broadcasters – Expansion of Audio Description Requirements, Music Royalty Cost of Living Increases, Quarterly Issues/Programs Lists, Childrens Television Programming Reporting, Political Windows, and More