Discussion of FCC, copyright, advertising and other legal issues of importance to radio and television broadcasters and other media companies
Principal Editor: David O’Connor
Updated, 9/9/25 to correct typo in opening date for the filing of applications for new LPTV and TV translator stations in the second bullet below.
Here are some of the regulatory developments of significance to broadcasters from the past two weeks, with links to where you can go to find more information as to how…
Corrected 9/9/25 – to update the first date of the filing opportunity for new LPTV stations and TV translators to January 21, 2026.
The FCC’s Media Bureau released a Public Notice announcing the opportunity to file applications for major changes in the channel and location of LPTV, Class A, and TV translator stations starting on October 22, with a subsequent opportunity to file applications for new LPTV and TV translator stations starting on January 26. These are not technically “windows” for filing applications as they do not have defined end dates, but they are instead the lifting of freezes on applications by these stations that have been in effect for well over a decade. Once the freezes are lifted, as explained below, with limited exceptions for temporary freezes set by the Public Notice, these filing opportunities will remain in effect until further notice. The opportunity to make major changes in existing stations, and to file for new stations, have long been requested by LPTV advocates anxious to improve station coverage and adapt to marketplace changes – opportunities that have largely been limited for over a decade during the TV incentive auction process and the subsequent repacking of the TV spectrum.
The “major change” window will allow for channel changes by existing stations and site moves of up to 121 kilometers (roughly 75 miles). To have a stable database from which applicants can operate, a freeze on all major changes for these stations went into effect on September 3, and all minor changes will be temporarily frozen on October 15 (details below).
Applications for new LPTV and TV translators will be allowed starting on January 21 – with another temporary freeze on all major changes taking effect on December 3, and one on minor changes on January 14. This will be the first opportunity to file for new LPTV and TV translator stations in 15 years as the FCC froze applications for new stations in 2010 (see our article here), and had precluded applications in larger markets well before that date. All freezes will be lifted on January 26. Continue Reading Windows for Filing Applications for LPTV and TV Translator Major Changes and New Stations Announced By FCC
Last Friday, the FCC released its Order adopting the regulatory fees to be paid by broadcasters and other regulated entities at some point before the October 1 start of the federal government’s new fiscal year. The Commission slightly increased fees for TV stations by 1.2% from last year (from $0.006598 to $0.006674 per population served)…
Last week, as we noted in our last regular summary of the prior week’s regulatory activity, the FCC’s Media Bureau announced that it had waived the requirement for broadcasters to file their next Biennial Ownership Reports while the FCC considers whether to even continue to require the use of this form. Ownership reports were set to be filed by December 1 of this year, reporting on a broadcaster’s ownership as of October 1. The obligation to file this report has now been extended to June 1, 2027, 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 construction permit for a new station) are still required. It is simply the Biennial Report required from all full-power broadcasters and from LPTV licensees that has been put on hold.
The Bureau based this extension on its intent to review whether this form continues to be necessary. As pointed out in some of the comments filed in the Delete, Delete, Delete proceeding, the Biennial Ownership report did not provide any information necessary for any purely regulatory purpose. Baseline ownership information about licensees is provided in applications seeking authority to operate a station (either through acquisition from an existing licensee or through a construction permit to build a new station) and again reported in the ownership reports required after the grant of such applications. While incremental changes not requiring FCC approval may be made in the interim (and would be captured on the Biennial Report), if there are any changes in the control of a licensee, those first need FCC approval. The Biennial Reports themselves do not trigger any FCC review or approval. One of the principal reasons for the adoption of the requirement for these biennial filings was to capture a snapshot of broadcast ownership that could potentially be used for FCC affirmative action considerations. Only the Biennial Ownership Reports require the identification of the race and gender of individuals who hold interests in broadcast stations. Given the current administration’s position on these race- and gender-based governmentally-imposed affirmative action obligations, it is perhaps no surprise that this justification for the filing of these reports appears likely be insufficient to justify the continued use of these forms. This action to put the Biennial Report on hold does raise the question of what other routine broadcast filing obligations may also be under review in the Delete, Delete, Delete proceeding.Continue Reading FCC Delays Filing Date for Biennial Ownership Report While Considering Its Value – What Other Broadcast Regulatory Obligations May Be Under Review?
Although many, including Congress, take the last of their summer vacations in August, there are still many dates to which broadcasters should be paying attention this month. One deadline that most commercial broadcasters should be anticipating is the FCC’s order that will set the amount of their Annual Regulatory Fees, which will be paid sometime in September before the October 1 start of the federal government’s new fiscal year. As we noted here, the FCC proposed to decrease fees this year for broadcasters from the amounts paid in prior years. Also, as we noted here, the FCC has adopted a new regulatory fee calculation methodology for earth stations. Watch for the announcement of the final amounts for the Annual Regulatory Fees, along with an announcement of the deadline for their payment. These announcements usually come in late August or in the first few days of September.
Here are some of the other regulatory deadlines this month:
August 1 the deadline for radio and television station employment units in California, Illinois, North Carolina, South Carolina, and Wisconsin 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 has in the past lead to significant FCC fines (see our article here about a recent $26,000 fine for a single late EEO report).Continue Reading August 2025 Regulatory Dates for Broadcasters – Watching for the Annual Reg Fee Announcement, EEO Annual Filings, Comment Deadlines, and Political Windows
The lazy days of summer provide little respite from the regulatory actions of importance to broadcasters. July brings quarterly requirements, including most importantly, the obligation to upload Quarterly Issues/Programs Lists to a station’s online public file. There are comment deadlines in July in three FCC proceedings: on regulatory fees, on a proposal for LPTV stations…
