2026 has begun, so it is time to look at the regulatory dates of importance to broadcasters in the new year. Later this week, we will look ahead at some of the broadcast issues likely to be tackled by the FCC and Congress in this new year. But today, we will look at dates and
President Trump Issues Executive Order to Remove Marijuana from Schedule I – Concerns about Broadcast Advertising Remain
Yesterday, we saw President Trump issue an Executive Order instructing various government agencies to take steps to move marijuana from Schedule I (an illegal controlled substance with no medical uses and a high degree of potential abuse) to Schedule III, which includes many other drugs, such as ketamine and Tylenol with codeine, that require a prescription and FDA approval. While a rescheduling to Schedule III may have an impact on research and on marijuana’s medical uses, broadcasters need to continue to take a very cautious approach to marijuana advertising while the details of any possible changes unfold, as it is likely that, even after any rescheduling that makes marijuana a Schedule III drug, advertising will still be restricted under federal law.
While many states have, as a matter of state law, legalized medical and even recreational marijuana use, there is still concern for broadcasters accepting advertising for its sale and use. As we have noted many times before (see, for example, our articles here, here, and here), there is a concern that the sale and distribution of marijuana, even when legal under state law, remains a felony under federal law. Under 21 USC § 843 (b) and (c), to use communications facilities, including radio and the internet, to facilitate any sale of any federally controlled substance is a felony. This should be of particular concern to broadcasters, which are federally regulated. If the FCC is faced with a complaint about a broadcaster “facilitating” the sale of marijuana through running advertising – an act illegal under federal law – the FCC might feel a need to take action against the broadcaster. Continue Reading President Trump Issues Executive Order to Remove Marijuana from Schedule I – Concerns about Broadcast Advertising Remain
The Government Shutdown and Issues it Raises for Broadcasters
With the federal government shutdown now in its third day, having started on October 1, 2025, after Congress failed to fund the government for the coming year or to pass a “continuing resolution” to allow government agencies to function at their current levels, we thought that we should summarize the FCC’s guidance as to what is and what is not functional at the FCC during this period. In anticipation of a shutdown, on September 30, 2025, the FCC released a Public Notice announcing that it will “suspend most operations” in the event of a shutdown and providing some specifics as to what would and would not be operating during the shutdown. A summary of the FCC’s guidance is set out below. But it is important to note that much of this guidance is general, and how specific cases will be dealt with when the government reopens may be addressed in subsequent FCC notices – likely to be issued when the government reopens. This is especially true if the shutdown is prolonged.
On many specific issues, we suggest discussions with your own communications counsel to discuss what may happen when the government reopens. While, as noted below, the FCC’s general rule will be that most deadlines that were to be met during the shutdown will be extended to the day after the day of the government’s reopening, there are exceptions. For instance, targeted Enforcement Actions are still to be submitted on time. There is no indication in the FCC’s Public Notice as to how responses to the open EEO audit will be dealt with. Because the FCC-administered Online Public File database is offline, the general requirement to upload a station’s EEO audit response to the public file is impossible to meet. But what about responses to the new DEI questions which, as we noted here, can now be submitted by email rather than uploaded to the public file? There is no specific guidance in the Public Notice. Similarly, the FCC’s major change window (which we wrote about here) may be suspended until after the shutdown as LMS is unavailable during the shutdown. The same with Quarterly Issues/Programs lists as the online public file system is not functioning. But will the FCC’s systems be able to handle a crush of filings due the first business day after the day that the government reopens? These are all questions that broadcasters should consider with their counsel. Continue Reading The Government Shutdown and Issues it Raises for Broadcasters