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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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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

In June 2006, I started writing the Broadcast Law Blog, discussing issues like the broadcast ownership rules, music licensing issues, FCC filing windows for new broadcast stations, AM radio improvements, political broadcasting issues, and an upcoming technology transition for digital television.  It is funny how these same issues, or ones very close to these issues, are still what we are writing about 20 years later.  And they are keeping us busy so that, somehow, with all that is going on in the media world right now, and with a heavy June schedule of speaking at broadcaster’s conventions around the country, I missed noting the 20th anniversary of our first post on June 11, 2006. 

20 years ago, we promised to try to give our take on the important news of the day for broadcasters – and noted that our comments would go beyond traditional broadcasting to cover other media issues saying:

Broadcasting is no longer an island unto itself. Instead, each day it becomes more and more clear that the world that traditional broadcasting inhabits is one that goes far beyond those narrow areas that the FCC has traditionally defined as a broadcast service. Thus, we will be pointing out developments and legal decisions that impact not only traditional over-the-air radio and television stations, but also those in the myriad “new media” that are now so crucial to any understanding of the broadcast industry. Media “convergence,” which has for so long been nothing more than a buzz word thrown around to make it seem like we’re thinking about the future, is finally here, and cannot be ignored in a discussion of the broadcast industry.

Continue Reading We Missed Our Anniversary! – 20 Years of the Broadcast Law Blog

The FCC had scheduled an August 2026 filing window for licensees of noncommercial AM or FM stations and LPFM operators to file applications for new FM translators in the Reserved Band (88.1 MHz to 91.9 MHz) (see our articles here and here on the filing window).  However, after the filing window was announced, CBI, Inc.…

While most of us are enjoying our 4th of July holidays, we thought it important to publish this article, stemming from a Supreme Court decision last week, right away as broadcasters in many states are or soon will be dealing with the issues it discusses.  Enjoy the holiday, but be sure to consider these issues as soon as you return to work. 

It is unusual for Supreme Court decisions to have a direct day-to-day impact on regulations affecting broadcasters.  But this past week, there were not one but two cases that are likely to have such a direct impact.  One was the case confirming the President’s virtually unfettered power to fire Commissioners at agencies such as the FCC, the impact of which we plan to write about next week.  The second was the decision allowing political parties to coordinate spending with their candidates – a decision that, unless pending challenges to a recent FCC Media Bureau Notice are successful, will likely bring far more political spending under the “lowest unit rate” (aka lowest unit charge) obligations of broadcasters.  Because this change could have a significant effect on the bottom line of broadcasters in states with competitive federal political races, and as many questions remain unanswered about the FCC’s Notice, we need to look closely at the issues that arise from the interplay of the Media Bureau Notice and the Court’s decision.

The FCC Public Notice was released in March and purported to simply remind broadcasters about their lowest unit rate obligations to political candidates in the 45 days before a primary and the 60 days before a general election.  But, in giving that reminder, it set out two policies that had never before been articulated by the FCC.  While Section 315 of the Communications Act says that lowest unit rates apply only to candidates, the Notice says that the LUC rates in fact apply to other political committees when the ads are “authorized” by the candidate.  The Notice also says that joint fundraising committees and ads by political parties, when authorized by candidates, are also entitled to LUC.  In reaching this decision, the Media Bureau relies on the Federal Election Commission’s definitions of authorized committees, concluding without discussion that once a committee is authorized under FEC rules, it is entitled to LUC even though the committee is not the “candidate” – and even though Section 315 limits LUC rights to “candidates,” not authorized committees as defined by the FEC.  How did the Bureau reach this decision?

Continue Reading More Political Ads at Lowest Unit Rates?  – Supreme Court Allows Candidates and Parties to Coordinate, and an FCC Media Bureau Notice Says Coordinated Ad Buys Should be Given LUC

At its regular monthly open meeting last week, 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 FCC Adopts Order to Secure EAS System – Broadcasters’ Program Chain Must Be Behind Firewall Soon

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.  Also in July, eligible applicants may also begin drafting their applications for new noncommercial educational (NCE) FM translator stations to be filed in the mid-August filing window.  To allow preparations for that filing window, the FCC instituted a filing freeze on all LPFM, FM translator, and FM booster station minor modification applications beginning on July 10.  Political file windows are also opening in July in a few states.  So, even if the beach chair is calling, remember to keep an eye on dates that can affect your stations.

July 1 is the first date for existing NCE station operators to begin preparing their applications in the FCC’s LMS database for the new NCE FM translator reserved band (88.1-91.9 MHz) filing window.  That window will be open between 12:01 a.m., ET, on August 11, 2026 and 11:59 p.m., ET, on August 25, 2026.  To facilitate the preparation of the filing window applications by stabilizing the technical database, the Bureau announced a filing freeze on both reserved and non-reserved band LPFM, FM translator, and FM booster station minor modification applications beginning at 11:59 p.m., ET, on July 10, and continuing until the filing window’s closing.  So if you are planning a change in a translator or LPFM’s facilities, get it on file before July 10 or you will be precluded from filing for the next six weeks.  For more on the filing window and the filing freeze, see our Broadcast Law Blog article here.

Continue Reading July 2026 Regulatory Dates for Broadcasters – Quarterly Issues/Programs Lists, Comment Deadlines, NCE FM Translator Filing Window Applications and Filing Freezes, Political Windows, and more
  • At its regular monthly Open Meeting, the FCC took actions to increase the security of the Emergency Alert System by
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  • The FCC’s Media Bureau released a Public Notice announcing that applications for new noncommercial Reserved Band (88.1 to 91.9 MHz)
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In January, the FCC announced it would be opening a filing opportunity for new FM translators to operate in the FM Reserved Band (88.1-91.9 MHz) (see our article here).  Applications can only be filed by existing noncommercial station operators.  Subsequently, the FCC’s Media Bureau announced that applicants would be limited to 10 applications nationwide – and low power FM operators would be allowed to file for only 2 translators (4 if they were a Tribal group)(see our article here).  This week, the Media Bureau issued a Public Notice announcing more rules for the window – and setting the dates for applications.  The window for filing applications will open at 12:01 a.m. ET on Tuesday, August 11, 2026, and it will close at 6:00 p.m. ET on Tuesday, August 25, 2026.

Parties can begin to prepare applications much sooner, as the application forms will be available in the FCC’s LMS database starting on July 1.  Applications must include information about the applicant for a potential “points system” analysis that will be used to choose between applications that have technical conflicts that cannot be resolved by engineering changes.  For more on the points system, see our articles here and here.  Claims for points will be frozen at the end of the filing window, so be sure to detail your claims for those points in your initial application.

Continue Reading Window for Filing Applications for New Noncommercial FM Translators Set – Applications Due by August 25