EEO Compliance/Diversity

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In November, the biggest regulatory news may be the continuing federal government shutdown is continuing.  If the shutdown persists, comment deadlines discussed below may shift until after the government resumes normal operations.  As we discussed here, the FCC provided guidelines before the shutdown began on how regulatory deadlines would be impacted during the government shutdown, with most deadlines postponed until the day after the day that the FCC reopens.  Yet, as we noted here, many questions remain as to whether the FCC’s systems will be prepared for the backlog of filings suddenly due on one day, and as to how the reopening will affect actions like the LPTV/TV translator major change filing opportunity that was to have already been opened.  Be on the lookout for updates on what will occur should the federal government reopen this month.

One deadline unaffected by the shutdown is the requirement triggered by the end of Daylight Savings Time on November 2.  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.Continue Reading November 2025 Regulatory Dates for Broadcasters – Federal Government Shutdown, Daylight Savings Time, Comment Deadlines, FCC Open Meeting, and more

We would normally provide you with 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.  But, as the government shutdown has drastically limited activity at the FCC, and as Congress did…

  • The FCC released a Public Notice announcing that, effective 12:01 AM on October 1, the agency will “suspend most operations”
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October is, on paper, a busy month of regulatory deadlines for broadcasters.  As set forth below, the month includes the requirement for almost all broadcasters to complete and upload to their public file their Quarterly Issues/Programs Lists, as well as the date for broadcasters to submit to the FCC their ETRS Form One reporting basic information about their EAS equipment.  There are also routine EEO annual deadlines for stations in several states, and the response deadline for the 300 stations subject to the FCC’s first EEO audit under the new administration – which included new questions about stations’ DEI practices.  A “major change” filing window for LPTV stations and TV translators is also scheduled to open this month.  But these and other deadlines could be affected by the looming federal government shutdown beginning October 1 if Congress fails to fund the government for the coming year (or pass a “continuing resolution” to allow government agencies to function at their current levels).  If a shutdown does occur, the FCC, the FTC, the Copyright Office and other federal agencies may have to pause their operations, which may result in some of the regulatory deadlines discussed below for the FCC being delayed.  Note that, in some cases, agencies have some funds set aside that allow them to keep functioning for a few extra days, which has been the case for the FCC during several of the last government shutdowns, but that is not assured.  Because of the potential of this extended operation even if there is a shutdown, do not assume that regulatory deadlines set forth below will be postponed by a funding impasse. 

In the past, when there has been a pause in government operations and after any residual funds to keep the agency operating have been expended, agencies like the FCC ceased the processing of routine applications and paused all other routine work, staying open only to the extent necessary to deal with emergencies and other vital activity.  In at least one shutdown, the FCC even limited access to its website and online systems. In the past, FCC filings have been suspended, with additional time being provided after the government reopens to make filings that were due during the shutdown.  But details are different in each shutdown.  If Congress cannot resolve the funding issues by October 1, we would expect that the FCC and other agencies important to broadcasters to issue public notices about specific policies to be applied after funding runs out.  Stay tuned to see if any of the dates below have to be rescheduled.

October 1 is the deadline for radio and TV station employment units in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, Missouri, Northern Mariana Islands, Oregon, Puerto Rico, 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.  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 can lead to FCC fines (see our article here about a recent $26,000 fine for a single late EEO report).Continue Reading October 2025 Regulatory Updates for Broadcasters – Possible Government Shutdown, Quarterly Issues/Programs Lists, EEO Public File Reports, EEO Audit Responses, ETRS Filing Deadline, LPTV/TV Translator Filing Windows, and More

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The Federal Trade Commission last week announced that it was dropping its appeal of a court decision which put on hold an FTC order adopted during the Biden administration which banned noncompete agreements in all industries across the country (see our note here). This ban was a concern to many in the broadcast industry as it would allow station employees, including on-air talent, managerial employees, and others with access to sensitive competitive information to freely move from station to station within a broadcast market.

But the FTC’s decision to drop the appeal of the court’s rejection of the nationwide ban does not mean that the FTC has abandoned all concerns about the use of noncompete agreements.  Instead, the FTC issued a Request for Information seeking public comment on the use of noncompete agreements, seeking information on a variety of issues including why an employer may use noncompete agreements, typical salary ranges of employees subject to these agreements, their terms or limitations, and harms imposed on employees by these agreements.  Comments are due November 3.  The FTC also announced plans to pursue concerns about such agreements on a case-by-case basis.Continue Reading FTC Drops Appeal of Court’s Rejection of Nationwide Ban on Noncompete Agreements – To Pursue Individual Cases Where Noncompetes are an Unfair Trade Practice

It is time for our look at September’s regulatory dates and deadlines to which broadcasters should be paying attention – and the deadline that probably is most important to all commercial broadcasters is not yet known.  That, of course, is the deadline for the payment of annual regulatory fees – which must be made before the federal government’s October 1 start of the new fiscal year.  We expect an announcement of the final decision on the amount of those fees for various broadcasters, and the deadlines for payment, in the next few days.  Keep on the alert for that announcement. 

Below is our summary of the other dates affecting broadcasters this September, including the effective date of the Emergency Alert System’s (“EAS”) new Missing and Endangered Persons event code, comment and other pleading deadlines in several FCC proceedings, the deadline for affected broadcasters to file their responses to the FCC’s August 2025 EEO Audit Letter, in addition to several political file window dates.

September 8 is the effective date of the new EAS Missing and Endangered Persons event code to be used by all EAS Participants, including broadcast stations.  In August 2024, the FCC adopted a Report and Order creating a new EAS event code for persons over the age of 17 who are missing or abducted from states, territories, or tribal communities (known as Ashanti Alerts), but delayed its effective date to provide EAS Participants with enough time to update their EAS systems to use the code.Continue Reading September 2025 Regulatory Dates for Broadcasters – FCC Regulatory Fees, Political Windows, EAS Event Code, Rulemaking Comment Deadlines, and more

  • The Radio Music License Committee announced settlements with both ASCAP and BMI of rate court litigation over the royalties to
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In our recent post on the FCC’s first EEO audit of the Carr administration at the FCC, we expressed surprise that the audit was released, thinking that the Commission might move to revise the EEO rules and put enforcement of the current rules on hold, just as it has done with the Biennial Ownership Reports.  In the remainder of our article, we went on to discuss the audit as if it was simply asking for information to review the FCC’s EEO rules as they have been enforced for the last 20 years.  But thanks to another attorney who more closely reviewed the language of the FCC’s audit letter and alerted me to changes in these letters, we now know that the audits actually go beyond the issues previously reviewed by the FCC – and seek out information about programs that favor one race, ethnicity or gender in hiring and other employment evaluations.  The audits now seem to be aimed in part at seeking out the types of “invidious” DEI programs – Diversity, Equity, and Inclusion — that the current administration has labeled as discriminatory in and of themselves in transactions involving the biggest players in the communications industry.  The FCC now seems to be looking for evidence of these DEI programs at all broadcast stations, just as they are seeking to root out and end these policies in other industries throughout the country.

In looking closely at the new audit letters, the Enforcement Bureau has added four paragraphs requiring the audited station to respond to various DEI questions. First, section 2(b)(vi)(a) of the letter asks about any complaints made by employees either internally to station management or externally to relevant authorities of “any bias, sensitivity or any other matters related to race, color, religion, national origin or sex.”  While that wording is not the clearest, it appears that this question is looking for complaints alleging that employment decisions were improperly made with a bias or other preferences favoring persons of a particular race, ethnicity, religion or gender.  In the past, only complaints of discrimination that led to disfavoring persons based on those qualities were reported.  Plus, in the past, only complaints to government agencies were reported.  Here, information about internal complaints and how such complaints were dealt with by the station are requested, as is information as to internal station policies of how such complaints should be treated.Continue Reading A Closer Look At the FCC’s First EEO Notice of 2025 –  New Questions to Root Out DEI Issues