FM Translators and LPFM

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  • The US Court of Appeals for the Fifth Circuit issued a decision that raises significant questions about the FCC’s ability
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  • The NAB and SoundExchange filed with the Copyright Royalty Board a proposed settlement of the pending litigation over the 2026-2030
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  • The National Association of Broadcasters filed a Petition for Rulemaking asking the FCC to require that full-power television stations complete
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While there are only a few regulatory deadlines scheduled for broadcasters this March, with more coming in April, as has occurred so many times in the last few years, we need to remind you that even the FCC deadlines in late March and early April could be postponed if there is a federal government shutdown, as the federal government is funded only through March 14.  As we have discussed here with respect to previous potential shutdowns, the FCC and other government agencies may have to cease all but critical functions if they do not have any residual funds to continue operations during a shutdown.  Thus, some deadlines could shift if this new administration follows the precedent for shutdowns followed in the past.

Before any potential shutdown, comments are due March 7 responding to the reinstated Center for American Rights’ complaint against a CBS-owned TV station alleging news distortion in its broadcast of a “60 Minutes” interview with Vice President Kamala Harris.  CAR’s compliant was originally dismissed as one of the FCC’s last major actions under former Chairwoman Jessica Rosenworcel, but was reinstated one week later under FCC Chairman Carr further investigation (see our discussion here, here, and here).  At the FCC’s request, CBS provided the FCC with an unedited transcript and video of the 60 Minutes interview.  The FCC also released additional video of the interview that was posted on YouTube.  The FCC stated that it wanted to open the proceeding to public participation given the value of transparency and the degree of public interest in the matter.  Reply comments are due March 24. Continue Reading March 2025 Regulatory Updates for Broadcasters – Daylight Savings Time, Comment Deadlines, FCC Ownership Rules in Court, Political Windows, and more

  • The US Court of Appeals for the Eighth Circuit has scheduled for March 19 the oral argument on the appeals
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  • Payola on broadcast stations suddenly was in the news this past week.  Early in the week, Senator Marsha Blackburn (R-TN)
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  • FCC Chairman Carr sent a letter to NPR and PBS announcing that he has asked the FCC’s Enforcement Bureau to
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Yesterday, the new FCC Chairman Brendan Carr sent a letter to NPR and PBS announcing that he has asked the FCC’s Enforcement Bureau to launch an investigation into their advertising practices – suggesting without specifics that these entities had gone beyond the permitted underwriting announcements by airing prohibited advertisements for commercial products and services (Commissioner Starks and Gomez issued statements questioning the basis for this investigation).  While the Chairman’s letter was vague on specifics, and unclear as to whether there were specific listener or viewer complaints that triggered the investigation (which is how the FCC typically initiates an investigation into a broadcaster’s regulatory compliance ), the letter does suggest that all noncommercial broadcast stations, including all LPFM stations and other full-power stations not affiliated with NPR or PBS, should examine their practices to ensure that they comply with the FCC’s underwriting policies. 

What do these rules require?  Noncommercial stations can air acknowledgments of those making financial contributions to stations, but the identification of such sponsors must be limited – you can give their name, a general description of what their business is and where they are located, but such information must be provided in an objective, non-promotional manner. FCC standards prohibit calls to action (e.g., “visit this store,” “come on down”), inducements to buy (e.g., “we have a two for one special,” “mention the station and you’ll get a discount on all that you buy”), price information (e.g., “tickets only $29.99” or “this week, we have our end-of-year sale” or “10% senior discounts”) or qualitative claims (“the best pizza in town,” “quality merchandise and a friendly staff”).  We have written many articles on these issues (see, for instance, articles here, here and here) and the fines that have arisen when the rules were not followed.  Continue Reading As FCC Chairman Announces an Investigation into Alleged PBS and NPR Advertising, a Look at the Underwriting Requirements for All Noncommercial Broadcast Stations