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Earlier this week, the FCC’s Public Safety and Homeland Security Bureau (Bureau) issued a Public Notice to remind Emergency Alert System (EAS) participants of the upcoming Nationwide EAS test.  The Federal Emergency Management Agency (FEMA) and the FCC have scheduled a nationwide EAS test for November 17, 2026 (with a back-up date of December 3, 2026 in case there is some real emergency on the scheduled date where confusion could arise if the test went forward as planned), at approximately 2:20 pm ET, using the Internet-based Integrated Public Alert and Warning System (IPAWS).  The Public Notice went further – reminding participants, including broadcasters, of their obligation to ensure that EAS alerts are “accessible” to persons with disabilities. 

The Public Notice sets out some of the steps broadcasters and other EAS participants can take to make this test accessible.  The Notice reminds broadcasters that they should upgrade their EAS equipment software and firmware to the most recent version and ensure that EAS equipment can receive and process the National Periodic Test code, the “six zeroes” national location code, and otherwise operate in compliance with the FCC’s Part 11 rules.  Note that the obligation to update software and firmware is also part of the FCC’s recent order requiring that step and others to secure all EAS equipment and other equipment allowing Internet access to the program stream to prevent hackers and other malicious attackers from broadcasting fake emergency alerts (see our articles here and here about that obligation that went into effect on September 29).

According to the Public Notice, for TV stations, in order to be visually accessible, the EAS text must be displayed as follows:

  • At the top of the television screen or where it will not interfere with other visual messages (e.g., closed captioning),
  • In a manner (i.e., font size, color, contrast, location, and speed) that is readily readable and understandable (see below),
  • Without overlapping lines or extending beyond the viewable display (except for video crawls that intentionally scroll on and off of the screen), and
  • In full at least once during any EAS message. Text should scroll at a speed that allows viewers to read the crawl as if they were going to read it aloud.
  • The background and text colors should sufficiently contrast to allow for readability. For example, a bright green background with white text may not provide sufficient contrast. Green and red should also be avoided as viewers who are color blind have difficulty seeing these colors.

The audio portion of an EAS message should be spoken at a pace that allows for a listener to understand the content.

Continue Reading FCC Issues Reminder of November 17 Nationwide EAS Test – And the Need to Make the Test “Accessible” to the Public

Throughout this election season, we’ve been following the battle over lowest unit rates – the requirement that, during the 45 days before a primary and the 60 days before a general election, political candidates be sold advertising time at the lowest rate given to any commercial advertiser for the same class of broadcast advertising time airing during the same program or daypart.  Candidates even get the benefit of volume discounts without having to buy in volume.  During this election season, there have been many legal battles over a Public Notice from the FCC’s Media Bureau that had the effect of extending these lowest unit charges to political parties and joint fundraising committees when those committees’ ads are authorized by a federal candidate.  While a group of Democratic candidates challenged that ruling, these challenges effectively ended for this political cycle when the Supreme Court decided that the FCC Commissioners needed time to review the decision of the Media Bureau before any court could consider the merits of the Public Notice, effectively putting the issue on hold for the foreseeable future – or so we thought. 

The issue of lowest unit rates refuses to die.  The push to get LUC extended to parties and joint fundraising committees when their ads are authorized by a candidate was led by the Republican party. The perception is that Democratic candidates’ own campaign committees raise substantially more money than do the committees of Republican candidates, so those Democratic candidates get a greater advantage from their money that buys advertising spots at LUC, as these candidates can potentially buy more spots at lower rates than Republican non-candidate groups that may be opposing their election.  Not content with their initial victory in defending the extension of LUC to parties and joint fundraising committees (where Republican groups  tend to raise more money) for their authorized ads, the Republican National Committee, along with the Texas Republican Party and four Republican candidates, last week filed suit against the FCC in US District Court in Texas arguing that the FCC’s application of the lowest unit rate rules is unconstitutional, as those rules discriminate between different types of political speakers by forcing stations to give their lowest advertising rates only to candidates, and allowing stations to charge more to parties (and, though not stated in the complaint, other political advertising buyers like PACs).  The RNC argues that it is unconstitutional for the government to favor certain classes of political speakers over others who may be delivering messages on the same issues. 

Continue Reading Is the Requirement that Broadcasters Give Lowest Unit Rates to Political Candidates Unconstitutional?  The Republican Party Files a Lawsuit to Find Out
  • The Republican National Committee, along with the Texas Republican Party and four Republican candidates, filed suit against the FCC in
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With much of everyone’s focus on the outcome of the November 3 midterm elections, broadcasters cannot forget the regulatory dates and deadlines in November and early December.  While the dates and deadlines in November tend to be lighter than in other months, many routine deadlines do fall in early December, and even the upcoming month does have dates worthy of note to all broadcasters—including the nationwide test of the Emergency Alert System (EAS), which is scheduled for November 17.  For more on the nationwide EAS test and broadcasters’ accompanying filing obligations in the FCC’s EAS Test Reporting System (ETRS), as well as other dates and deadlines occurring next month and in early December, here is our look at what is coming your way.

Daylight Savings Time ends on November 1.  The change in the clocks means that AM daytime-only stations, AM stations with different daytime and nighttime patterns, and AM stations operating with pre-sunrise and/or post-sunset authority should check their sign-on and sign-off times on their current FCC authorizations to ensure continued compliance with the FCC’s technical rules.  AM stations need to note that all times listed in FCC licenses are stated in standard time, not daylight savings time even if it is in effect.

The noncommercial educational (NCE) reserved band (88.1-91.9 MHz) FM translator filing window will open at 12:01 a.m. ET on November 4 and will close at 6:00 p.m. EST on November 17.  To have an application considered by the FCC, by November 17, applicants must have complete applications in the FCC’s electronic filing system providing all the information necessary to establish the applicant’s claims for points to be used in the FCC’s “points system” to choose between mutually exclusive applicants (applicants who, for technical reasons, cannot both be granted without destructive interference).  For more on the points system, see our articles here and here.  Applicants are limited to 10 applications nationwide, except that LPFM operators are only allowed to file for 2 translators (4 if they are a Tribal group).  See our articles here, here, here, and here for more on the NCE FM translator filing window. As we noted here and here, the FCC implemented a filing freeze on all reserved and non-reserved band LPFM, FM translator, and FM booster station minor modification applications to freeze the FM database to facilitate the preparation of applications for the new translators in the reserved band.  The freeze began on October 2 and will end at 6:00 p.m. ET on November 17. 

Continue Reading November 2026 Regulatory Dates for Broadcasters – Nationwide EAS Test and ETRS Reporting, NCE FM Translator Filing Window, Daylight Savings Time, and more

The question of whether ads from political parties and joint fundraising committees, when authorized by federal candidates, receive Lowest Unit Charge (LUC) from broadcasters and local cable systems has been a contentious one since early in this election year.  We wrote about the FCC Media Bureau’s March Public Notice “reminding” broadcasters that these ads were…

October is another busy month of regulatory dates and deadlines for broadcasters.  Unlike previous years, there is no threat of a federal government shutdown on its October 1 start of the new fiscal year, so the dates and deadlines discussed below should not move on broadcasters.  As we detail below, all stations will need to observe EAS reporting requirements for the filing of ETRS Form One in anticipation of the upcoming Nationwide EAS Test, and all full-power stations need to remember the Quarterly Issues Programs list filing deadline.  While there always can be an October surprise, we take a look below at these and other significant dates and deadlines in the coming month. 

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

The filing of the Annual EEO Public File Reports triggers the Mid-Term EEO Review beginning October 1 for TV station employment units with five or more employees in Alaska, American Samoa, Guam, Hawaii, Northern Mariana Islands, Oregon, and Washington.  The Mid-Term EEO Review that analyzes the last two Annual EEO Public File Reports for compliance with the FCC’s EEO requirements.  See our articles here and here on stations’ Mid-Term EEO Review reporting requirements.

Continue Reading October 2026 Regulatory Dates for Broadcasters – Quarterly Issues/Programs Lists; EAS Test Form One; Annual EEO Public File Reports; EEO Audit Responses; Filing Freeze on FM Translators; and more

On September 29, new rules go into effect requiring broadcasters to secure their EAS equipment and other equipment in their program chain that is connected to the internet – the FCC wanting to avoid false emergency alerts being transmitted on broadcast stations (see our articles providing details of this new obligation here and here).