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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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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)…

It is time for our look at September’s regulatory dates and deadlines to which broadcasters should be paying attention – and the deadline that probably is most important to all commercial broadcasters is not yet known.  That, of course, is the deadline for the payment of annual regulatory fees – which must be made before the federal government’s October 1 start of the new fiscal year.  We expect an announcement of the final decision on the amount of those fees for various broadcasters, and the deadlines for payment, in the next few days.  Keep on the alert for that announcement. 

Below is our summary of the other dates affecting broadcasters this September, including the effective date of the Emergency Alert System’s (“EAS”) new Missing and Endangered Persons event code, comment and other pleading deadlines in several FCC proceedings, the deadline for affected broadcasters to file their responses to the FCC’s August 2025 EEO Audit Letter, in addition to several political file window dates.

September 8 is the effective date of the new EAS Missing and Endangered Persons event code to be used by all EAS Participants, including broadcast stations.  In August 2024, the FCC adopted a Report and Order creating a new EAS event code for persons over the age of 17 who are missing or abducted from states, territories, or tribal communities (known as Ashanti Alerts), but delayed its effective date to provide EAS Participants with enough time to update their EAS systems to use the code.Continue Reading September 2025 Regulatory Dates for Broadcasters – FCC Regulatory Fees, Political Windows, EAS Event Code, Rulemaking Comment Deadlines, and more

  • The Radio Music License Committee announced settlements with both ASCAP and BMI of rate court litigation over the royalties to
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This week it was announced that the Radio Music License Committee, the organization that represents the commercial radio industry in its negotiations with performing rights organizations over the public performance rights in musical works (the musical compositions – the words and music to any song), had entered into settlement agreements with both ASCAP and BMI to settle rate court litigation over the amount of royalties to be paid by the industry for the period from 2022 through 2029.  Rate courts, pursuant to the antitrust consent decrees under which both ASCAP and BMI operate, determine reasonable rates for music licensed by ASCAP and BMI if parties cannot voluntarily negotiate deals for the use of that music.  Agreements between RMLC and both ASCAP and BMI expired at the end of 2021, so the commercial radio industry has been paying interim rates at the level of the prior agreements since January 1, 2022.  Now both organizations have reached deals with RMLC for the rates for the next three years, and those deals include a “true up” for the difference between the old rates and the new rates for the period from 2022 through the end of 2024. 

The rates for BMI are increasing from approximately 1.7% of a station’s revenue to the following levels:

  • 2.14% for 2022 and 2023,
  • 2.26% for 2024,
  • 2.19% for 2025
  • 2.20% for 2026, 2027, 2028, and 2029

The agreements also contain details about lower rates for stations that have significant talk or other non-music programming, and definitions of what constitutes “revenue” that is subject to royalties.  Under the BMI agreement, the difference between the rates from 2022 to the end of 2024 under the prior agreement (2024 being the last full year for which station revenues have been reported) and that specified in the new settlement must be made up by monthly payments over the next 18 months, starting with payments in October 2025. 

While the ASCAP rates have not been made public, we can assume that the increase is not as large as that for BMI, as BMI announced their rate increase as being one of “historic” size.  But the ASCAP announcement does reference an increase.  Stations should learn the details of that increase from private correspondence from ASCAP or the RMLC in the near term.  Why would RMLC agree to these rate increases?Continue Reading BMI and ASCAP Enter into Agreements with Commercial Radio Industry – Music Royalty Rates Going Up Retroactive to 2022

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In our recent post on the FCC’s first EEO audit of the Carr administration at the FCC, we expressed surprise that the audit was released, thinking that the Commission might move to revise the EEO rules and put enforcement of the current rules on hold, just as it has done with the Biennial Ownership Reports.  In the remainder of our article, we went on to discuss the audit as if it was simply asking for information to review the FCC’s EEO rules as they have been enforced for the last 20 years.  But thanks to another attorney who more closely reviewed the language of the FCC’s audit letter and alerted me to changes in these letters, we now know that the audits actually go beyond the issues previously reviewed by the FCC – and seek out information about programs that favor one race, ethnicity or gender in hiring and other employment evaluations.  The audits now seem to be aimed in part at seeking out the types of “invidious” DEI programs – Diversity, Equity, and Inclusion — that the current administration has labeled as discriminatory in and of themselves in transactions involving the biggest players in the communications industry.  The FCC now seems to be looking for evidence of these DEI programs at all broadcast stations, just as they are seeking to root out and end these policies in other industries throughout the country.

In looking closely at the new audit letters, the Enforcement Bureau has added four paragraphs requiring the audited station to respond to various DEI questions. First, section 2(b)(vi)(a) of the letter asks about any complaints made by employees either internally to station management or externally to relevant authorities of “any bias, sensitivity or any other matters related to race, color, religion, national origin or sex.”  While that wording is not the clearest, it appears that this question is looking for complaints alleging that employment decisions were improperly made with a bias or other preferences favoring persons of a particular race, ethnicity, religion or gender.  In the past, only complaints of discrimination that led to disfavoring persons based on those qualities were reported.  Plus, in the past, only complaints to government agencies were reported.  Here, information about internal complaints and how such complaints were dealt with by the station are requested, as is information as to internal station policies of how such complaints should be treated.Continue Reading A Closer Look At the FCC’s First EEO Notice of 2025 –  New Questions to Root Out DEI Issues

Update – 8/12/2025 – See our new article here for updated information on the DEI questions we discovered were included in these EEO audit letters. Those questions are not mentioned in the article below.

On Friday, the FCC released its first EEO audit notice for 2025 – and the first to be issued under the new administration at the FCC.  The FCC’s Public Notice, audit letter, and the list of the 400 radio and TV stations selected for audit is available here.  Those stations, and the station employment units (commonly owned or controlled stations serving the same area sharing at least one employee) with which they are associated, must provide to the FCC (by uploading the information to their online public inspection file) their last two years of EEO Annual Public File reports, as well as backing data to show that the station in fact did everything that was required under the FCC rules.  The response to this audit is due to be uploaded to the public file of affected stations by September 22, 2025. The audit notice says that, if an employment unit selected in this audit was audited in 2023 or 2024, or if their renewal was granted after June 1, 2023, it should notify the FCC, and it might be exempted from the audit. Any station having a question, or needing more time to respond, is instructed to contact the FCC at least 5 days before the September 22 deadline. 

In some ways, the release of this Notice was a surprise.  The first EEO audit of the year usually comes much earlier in the calendar, leading to speculation that, as compliance with the current EEO program was mentioned as imposing regulatory burdens that warranted review in the FCC’s Delete, Delete, Delete proceeding, the FCC might be suspending audits while considering the proposals for reform (similar to the waiver granted for Biennial Ownership Reports we wrote about on Friday, where we suggested that the current EEO rules might also be reviewed).  But it appears that the FCC has decided to move forward with its existing policy of randomly auditing approximately 5% of all broadcast stations each year.Continue Reading FCC Issues First EEO Audit Notice of 2025 – To Audit 300 Radio and TV Stations

  • The FCC’s Public Safety and Homeland Security Bureau announced that October 3 is the deadline for EAS Participants, including broadcasters,
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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?