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David Oxenford

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David Oxenford represents broadcasting and digital media companies in connection with regulatory, transactional and intellectual property issues. He has represented broadcasters and webcasters before the Federal Communications Commission, the Copyright Royalty Board, courts and other government agencies for over 30 years.

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In May, the FCC announced that it would be conducting an auction in February 2027 for construction permits to build over 130 new FM stations in various locations around the country (see our article here). Last week, the FCC issued a Public Notice that provided the remaining details about the auction, including a September filing window for “short-form” applications to participate in the auction, the December 3 deadline for submitting “upfront payments,” and a detailed discussion of the rules for participating in the auction.  An attachment to that Public Notice provides the final list of available channels and their minimum bids.  In addition, the FCC issued a second Public Notice that announced that there will be a filing freeze on minor change applications for any FM station during the short-form filing window to avoid possible conflicts between sites specified by auction applicants and those specified in the minor change application of previously authorized FM stations.

In connection with the auction, the FCC will also hold tutorials and a mock auction to ensure that bidders know the process for filing applications and for participating in the auction.  Even if you have participated in FM auctions in the past, you may want to monitor these tutorials and mock auctions because the auction procedures have changed, as discussed below.

The dates and deadlines for the auction are as follows:

  • Auction Application Tutorial Available (via Internet) (August 21, 2026)
  • Short-Form Application (FCC Form 175) Filing Window Opens (September 14, 2026, 12:00 p.m. ET)
  • Short-Form Application (FCC Form 175) Filing Deadline (September 30, 2026, 6:00 p.m. ET)
  • Upfront Payments (via wire transfer) (December 3, 2026, 6:00 p.m. ET)
  • Bidding Tutorial Available (via Internet) (January 6, 2027)
  • Mock Auction (January 29, 2027)
  • Auction Bidding Begins (February 2, 2027)

The short-form applications are the first step in participating in the auction.  Anyone who wants to participate in the auction must file one of these applications in the window set out above – with the deadline being September 30 at 6 p.m. Eastern Time. As with any other FCC filing, do not wait until the last minute to file, as the FCC’s electronic filing system has been known to have slowdowns and glitches, and not getting the short-form application on file by the deadline is fatal to any hopes of participating in the auction.

Continue Reading Applications to Participate in February Auction for 132 New FM Stations Due by September 30 – FCC Releases Auction Rules and Procedures
  • The FCC’s Order adopted in June that requires broadcasters to quickly adopt new security practices to protect their EAS systems
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In early July, we wrote about the FCC’s decision to require that all broadcasters take measures to secure their EAS operations – and in the process secure their entire program chain – to make sure that malicious actors can’t hack into their systems and send false alerts.  The FCC today published in the Federal Register the order making those changes, which will require broadcasters to meet these security requirements in 60 days – by September 29.

By that date, the FCC requires that broadcasters have strong passwords for any part of their program chain that is connected to the internet, that they have the latest security updates installed in all hardware and software, and that they put all access to their program chain behind a firewall.  We wrote about the FCC’s decision and what is required back in early July and, now that the deadline for compliance is set, we reprint below much of that article to remind broadcasters of the details of what they need to do by the September 29 deadline:

At its regular monthly open meeting [in June], the FCC adopted an Order meant to enhance the security of the Emergency Alerting System.  Citing past hacks of the system that have resulted in false EAS alerts being transmitted to the public by broadcast stations, the FCC proposed in 2022 that broadcasters adopt a comprehensive cybersecurity plan with an annual filing requirement detailing how risks were managed and controlled (see our article here).  The Order adopted this week did not go that far, but it did adopt a mandatory three-point plan to secure not only EAS equipment at a station, but also to secure the entire program chain to ensure that bad actors can’t access station programming to insert false emergency information or other malicious content. 

While the first two requirements of the mandated plan should be relatively simple for broadcasters to quickly implement, the third may require some outside help – and the FCC has given broadcasters only a short time to implement this requirement.  The Order requires implementation within 60 days of the date that the Order is published in the Federal Register (see the just-released FCC Erratum correcting the Order to reiterate that the effective date will be 60 days after Federal Register publication).  As Federal Register publication should come soon, the Order requires quick action by broadcasters.  Let’s look at the new obligations.

Continue Reading New Security Obligations for Broadcasters Required by September 29 – Strong Passwords, Updated Software and Hardware, and Firewalls to Protect All Parts of the Program Chain

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.  Payment of those fees will be due sometime in September before the October 1 start of the federal government’s new fiscal year.  These announcements usually come in late August or in the first few days of September.  So be on the lookout for that announcement.

Noncommercial broadcasters who were anticipating a filing window for new noncommercial educational FM translators in the reserved band (88.1-91.9 MHz) in August, when it was originally scheduled to be held, should instead look later in the year, as the filing window has been moved from August to November (see our discussion here).  Applications can be drafted for the November window beginning August 3, but they cannot be filed until the window opens.

Continue Reading August 2026 Regulatory Dates for Broadcasters – Annual EEO Public File Reports, Political Windows, and more

This week, there was a report in the broadcast trade press about a lawsuit filed against a North Dakota radio station for allegedly posting on its Facebook page a copyrighted photograph of a well-known rock musician– without getting permission from the professional photographer who took that picture and owned the copyright.  This was not a situation where some listener posted a picture on the station’s site, but allegedly one where the radio station posted on its own Facebook page the photo to illustrate a post on that site.  We have written many times about how litigious photographers can be about the unauthorized use of their photos online (see, for instance, our stories here,  and here).  And we have also written (for instance, here) about how the unauthorized use of copyrighted photos and videos even on the social media sites of broadcasters and other businesses can raise many of these same issues.  But, as it has been a couple of years since we last posted on the topic, it seemed to be worthwhile to highlight these concerns once again. 

The unauthorized use of photos in social media posts, including tweets on X and posts on Facebook, can really be an issue for all sorts of businesses.  Even the Donald Trump campaign was reportedly sued during his first run for President for his son’s tweet of a photograph of a bowl of Skittles, which he used to compare Syrian refugees to the candy treats. As we have written before (see our posts here and here ), just because someone posts a picture on the Internet, even on a social media or photo sharing site, does not give others the right to exploit that photo, especially on a digital site of a commercial business.  Posting on a social media site may give the social media site owner the right to exploit posted content consistent with their terms of use, but the person who created the content does not give up their underlying copyright in any creative work to third parties.  Just because you can easily right-click an image to make a copy of it does not always give you the right to use that image for your own commercial purposes.  The Skittles suit represents an instance of a photographer using copyright law to enforce these rights, apparently as he did not agree with the political sentiment expressed by the tweet in which the photo was used.  But not too long ago, there was significant publicity about a lawsuit, now reportedly settled, about a New Jersey newspaper suing a cable news network because one of its personalities used a well-known 9-11 photo from the paper as the profile picture on that personality’s Facebook page – without first securing permission. 

But isn’t that what these social media sites are for – sharing content?

Continue Reading Using Photos on Social Media Sites Without Permission Can Cause Legal Headaches

Last week, the FCC released a draft Report and Order which, if adopted at its August regular monthly open meeting, will repeal the 39% cap that currently limits the nationwide reach of local television station owners.  That cap prohibits one owner from having interests in TV stations reaching more than 39% of the nation’s TV households.  Computation of the 39% reach assumes that any TV station in a Nielsen TV market reaches all of the TV households in that market.  However, it also includes a 50% discount for UHF stations, a relic of a previous era when VHF stations (those on channels 2 through 13) dominated and UHF stations were considered disadvantaged and thus worthy of being counted as only half the audience reach (a dynamic that is considered to have been reversed in the digital broadcasting world).  Yet, as we wrote here, that UHF discount is still in place.

The Commission’s proposal is to eliminate the cap, but to conduct a case-by-case review of any proposed acquisition that would take an owner above 39% (while still using the 50% UHF discount).  In reading the draft Order, it appears that the FCC would be starting from a presumption that the nationwide reach of a particular broadcaster is not a public interest problem – unless someone shows that it is.  The draft Order states that there are many other video entertainment delivery competitors with nationwide reach – including the TV networks, cable networks and, more importantly in today’s world, all of the streaming companies.  According to the FCC, just being able to deliver programming on a nationwide basis does not raise issues for consumers, as a consumer has the choice of many different national programming providers.  Issues may be more likely to arise on the local level if access to local news and information is limited.  However, those questions of local ownership are not being considered in this proceeding, which is looking only at the limits on the ability of one owner to own stations that have a greater nationwide reach than currently allowed.  Local ownership limits are being considered in the Quadrennial Review proceeding, likely to be resolved later this year.

Continue Reading FCC Plans to Raise the 39% National TV Ownership Cap – What are the Proposals and What are the Issues?
  • 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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