Payola and Sponsorship Identification

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  • The FCC’s Media Bureau announced that the upcoming new noncommercial educational FM translator reserved band (88.1-91.9 MHz) filing window has
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This week, the FCC’s Enforcement Bureau entered into a Consent Decree with iHeartMedia to resolve its investigation into whether iHeart violated the FCC’s sponsorship identification rules. Interestingly, iHeart does not admit that it violated any rules, nor does the FCC suggest any specific conduct by iHeart violated any rule.  So why the Consent Decree?  The Decree say that it resolves an investigation into whether iHeart “violated the Commission’s sponsorship identification rules in connection with allegations that iHeart provided artists additional airplay on the Company’s radio stations in exchange for the artists’ performances at Company events, without the disclosure required under the Commission’s sponsorship identification laws.”  What is the disclosure that is required, and when is it required?  Again, the Decree does not make clear what identification would be required, nor does it say exactly what circumstances would trigger the requirement for a sponsorship identification.  So we have to look at the terms of the Decree itself to see if we can piece together exactly what is prohibited and when on-air sponsorship identifications are required. What we ultimately find is that the Decree really conveys a message that applies to broadcasters in many situations – when the station gets free or discounted “stuff” (whether it be a band’s appearance at a station event or free meals at a local restaurant) in exchange for something that is broadcast over the air, the audience needs to know that the airplay was sponsored.

The first place to look in trying to draw some specific guidance from this Decree is at its history.  The Decree stems from an Enforcement Advisory released by the Enforcement Bureau in February 2025, after Senator Blackburn from Tennessee alleged that bands had complained to her about some station practices in strongarming them into playing at station events for free or at reduced pay. The 2025 Advisory warned that any “deals” for bands to play at station events in exchange for more airplay, or any threats (express or implied) to reduce airplay if a band did not appear at an event, would be seen as a violation of the payola and sponsorship identification rules.  The Bureau referred to such threats as “covert manipulation of radio airplay.”  The Advisory states “[w]hen payola causes stations to broadcast programming based on their financial interests at the expense of community responsiveness, the practice is inconsistent with localism.” We wrote more about the Advisory when it was released, and included a broader discussion of the payola rules. 

Continue Reading FCC Consent Decree With iHeart Discusses how Exchanging Airplay for Discounts or Free Stuff Can Trigger Sponsorship Identification Requirements, Including for Songs Played in Exchange for a Band’s Appearance at Station Events
  • The FCC’s Media Bureau released a Public Notice reminding broadcasters that new foreign government sponsored programming identification requirements take effect
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This week, the FCC’s Media Bureau released a Public Notice to remind broadcasters that new foreign sponsorship identification requirements go into effect June 7, 2026.  These rules clarify the existing obligations of broadcasters to determine whether buyers of program time on a station are foreign governments or their representatives.  The obligation to get certifications from buyers of program time  as to whether they are foreign governments or their agents has actually have been in effect since 2022 (see our article here).  The June 7 effective date applies to a new method of compliance with the verification obligation, adopted by a Commission Order in 2024.  The 2024 Order also extended this certification obligation beyond leased program time, to cover commercial advertising on a station except for ads for commercial products or services and ads for political candidates (see our article here).  In other words, ads for Tide or Coca-Cola or by the John Smith for Congress official campaign committee are not subject to the rule, but ads that are not for commercial products and services or by political candidates are subject to the rule – including political issue ads and paid PSAs.  However, this week’s Public Notice put on hold the extension of the certification obligation to spot time while the Commission reassesses the costs and benefits of that requirement, except where the station has “actual knowledge” that the spots were provided by a foreign governmental entity.

This is a convoluted set of requirements, so let’s break it down.

As background, in 2021, the FCC adopted rules requiring broadcasters to determine whether any party “leasing” programming is a foreign government or an agent of a foreign government (a “foreign government entity”).  Broadcasters must also assure themselves that these foreign government entities have not paid for the furnishing of that time anywhere in the program’s production chain.  These rules became effective in March 2022.  Since then, broadcasters have been obligated to determine if buyers of program time are foreign government entities.  The FCC required that broadcasters obtain written certifications from program buyers as to whether or not they were representatives of foreign governments, but it did not specify the form of those certifications. 

Continue Reading FCC Announces Effective Date of New Certifications from Buyers of Program Time to Identify Foreign Government Sponsored Programming, But Puts Other Obligations on Hold
  • FCC Chairman Carr stated in a cable news interview that the FCC could investigate broadcasters and their on-air personalities for
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  • Linking to a post from the President complaining about the accuracy of media coverage of the Iran conflict, FCC Chairman
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  • President Trump this week issued an Executive Order instructing various government agencies to take steps to move marijuana from Schedule
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  • The FCC’s Media Bureau announced that the deadline for broadcasters to comply with the new foreign sponsorship identification requirements has
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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

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…