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 these actions may affect your operations.

  • Several AM broadcasters filed a petition for rulemaking with the FCC seeking a new opportunity for licensees of AM stations to acquire FM translators.  The petitioners request that the FCC permit AM stations to acquire an existing FM translator within 500 miles of their AM transmitter site and file an application to relocate the translator to an area within 25 miles of the AM site, where the FM translator can seek approval to operate on any available frequency.  The petition also proposes opening an exclusive filing window for Class C and D AM stations before other AM stations can file these applications, and to permit AM stations to purchase and relocate FM translators on an ongoing basis (not just during a defined filing window).  The petition proposes that each AM station be allowed to acquire up to 3 FM translators.  The petitioners argue that a reinstated AM Revitalization effort is needed as AM stations continue to experience a disproportionate decline in listenership in the modern audio marketplace.  Watch for an FCC request for comments on this proposal in the coming weeks.
  • Reply comments were due December 24 responding to the Media Bureau’s Public Notice seeking comment on the relationship between national TV networks and their affiliated local TV stations.  As we noted here, the Bureau sought comment on barriers preventing local TV stations from meeting their public interest obligations and responding to the needs of their local communities, including the relationship between national networks and their local affiliates.  Generally, network affiliate organizations ask the FCC to grant them more protections in their relationship with networks, including rights to negotiate retransmission consent agreements with virtual MVPDs, while networks argued that their relationship with their affiliates is a matter of contract and that the FCC should not interfere with these established business relationships.  Comments (which were due December 10) and reply comments filed in response to the Public Notice can be found here.
  • FCC Chairman Carr released a statement summarizing “all the wins” that the FCC was “able to achieve for the American people” since he became Chairman.  Carr listed several FCC actions which he said exemplified how the FCC was “empowering local broadcasters.”  Carr cited the FCC’s approval of the Paramount-Skydance merger, noting the company’s commitments to ensuring a diversity of political viewpoints in programming and measures to root out news bias (see our note here).  Carr also noted the FCC Media Bureau’s approvals of broadcasters’ applications to acquire two of the top-4 TV stations in the same Designated Market Area (DMA) by granting a “failing station” waiver for one such combination (see our note here) and finding that another such combination was in the public interest because it ensured the continuation of local service (see our note here) (see also our note here on the U.S. Court of Appeals for the Eight Circuit’s decision effectively doing away with the prohibition on broadcasters owning two of the top-4 TV stations in a DMA).  Carr further mentioned the Media Bureau’s pending proceeding exploring the relationship between national broadcast networks and local broadcast stations (see our note here), the FCC’s pending proceeding to accelerate the ATSC 3.0 transition (see our note here), the FCC’s elimination of obsolete broadcast rules using the Direct Final Rule process (see our note here), and the FCC’s efforts to hold broadcasters accountable to their public interest obligations and empowering them to serve their local communities (without citing specific examples). 
  • FCC Commissioner Gomez released a statement regarding reports that CBS pulled a 60 Minutes segment regarding El Salvador’s notorious CECOT prison after the Trump Administration refused to grant the network an interview for the story.  Gomez condemned CBS’s decision, stating that “we are now seeing the real-world consequences of blurring the line between regulatory authority and editorial independence,” and that “a free press cannot function if the government is able to exercise veto power over critical reporting simply by refusing to engage.”  Gomez also suggested that CBS’s decision to pull the story was part of efforts by Paramount, the network’s parent company, to seek favorable treatment in future regulatory approvals.  Gomez further stated that she hoped “CBS provides its viewers with a clear accounting of how this decision was made and demonstrates how it will safeguard the independence of its newsroom.

On our Broadcast Law Blog, we posted our review of the regulatory dates and deadlines affecting broadcasters coming in January and in early February, including Issues Programs Lists, Children’s Television Reports, new webcasting royalties, and comment deadlines in a number of FCC proceedings – as well as lowest unit rate windows for some early 2026 primaries and local elections.

Today, we would normally publish our look back at the prior week’s regulatory activity of importance to broadcasters but, as we noted last week, we are taking this week off and will publish a summary of the regulatory activity during the two week holiday period next Sunday.  But, as the start of a new month is upon us, we instead offer our regular look ahead at regulatory dates and deadlines for January.   

With each New Year, there are a host of new regulatory deadlines to keep broadcasters busy.  In January, this includes some recurring FCC deadlines like Quarterly Issues/Programs lists for all full power broadcasters, and a host of other quarterly obligations that are not as widely applicable.  For TV broadcasters, the month brings obligations including the annual children’s television reports on educational and informational programming and a public file certification on commercial limits, as well as the extension to stations in 10 additional markets of the audio description requirements. 

In addition to comments in rulemaking proceedings described below, January brings some new obligations.  For commercial broadcasters streaming audio programming on the Internet, there are new SoundExchange royalties that cover performances made on and after January 1, and a requirement for a higher minimum fee due at the end of the month.  There is also a freeze that will be imposed on applications for major changes by existing LPTV stations and TV translators related to a window that will open in March, the first window in well over a decade for the filing of applications for new LPTV stations. 

Let’s look at some of the specific dates and deadlines for broadcasters in January, starting with the routine deadlines that come up every January, and then moving to some of new obligations for 2026.  After that we provide January deadlines for comments in rulemaking proceedings (including reply comments on proposed changes to the FCC’s ownership rules and initial comments on proposals to speed the ATSC 3.0 conversion), a look at lowest unit rate windows that open in January for 2026 elections, and finally a few deadlines in early February.

Continue Reading January 2026 Regulatory Dates for Broadcasters – Quarterly Issues/Programs Lists, Children’s Television Programming Reporting, New Webcasting Royalties, Expansion of Audio Description Requirements, Comment Deadlines, Political Windows, and More

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • President Trump this week issued 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 cautious approach to marijuana advertising while the details of any possible changes unfold, as it is likely that, even after action by all of the government agencies that need to approve the change to Schedule III, advertising will still be restricted under federal law. See our article on our Broadcast Law Blog where we review the remaining issues with marijuana advertising on broadcast stations.
  • The Senate Commerce Committee held an oversight hearing this past week to review recent actions of the FCC, featuring testimony from FCC Chairman Carr and FCC Commissioners Trusty and Gomez.  A variety of issues were discussed including the review of the broadcast ownership rules (see our article on the radio ownership rules here and one on the TV ownership rules here); recent FCC merger reviews (like the FCC’s approval Paramount-Skydance merger, which we noted here); payola issues (see our note here regarding Senator Blackburn’s February letter to Chairman Carr contending that it was illegal payola for radio stations to have musicians to play “free radio shows” in exchange for more airtime on stations, or to avoid threats of less airplay); the controversy over Jimmy Kimmel’s comments following the Charlie Kirk assassination (see our notes here and here); and the FCC’s recent investigations of broadcasters deemed to be airing programming critical of President Trump (see our notes here, here, and here).  Further information on the hearing, including a video recording and the Commissioners’ written testimony, is available on the Committee’s website here.
  • At its regularly monthly Open Meeting, the FCC adopted a Report and Order modifying its rules governing Class A TV, LPTV, and TV translator stations.  The draft Report and Order included several changes to the FCC’s rules such as updating displacement and channel sharing application procedures; establishing a maximum relocation distance of 49.1 kilometers from a station’s current antenna reference coordinates for all minor modification applications; establishing a formal method for these stations to change their communities of license (and a requirement that a station’s protected contour overlap a boundary of its community of license, and requiring all stations to file for a community of license compliant with this requirement within 6 months of the new rule’s effective date); requiring Class A and LPTV stations to use call signs matching their service designation (“-LD” for LPTV and “-CD” for Class A) but grandfathering existing call signs; requiring that all LPTV stations broadcast an operational video programming signal (test patterns and still pictures with unrelated audio are insufficient); and establishing a formal process to change a station’s classification from LPTV to TV translator (or vice versa).  The full text of the FCC’s decision can be found on the FCC page summarizing the action, here (note that, at time this article was written, the Text version of the Order is available while the PDF appears to be corrupted, and no Docx version has been posted). 
  • Comments were due on Wednesday responding to the FCC’s NPRM asking whether the Commission, in concluding its 2022 Quadrennial Review of the FCC’s media ownership rules, should modify or abolish those rules.  As we discussed here,  Congress requires the FCC to review its media ownership rules every 4 years to determine whether, as result of competition, they remain necessary, and to repeal or modify any rule that the FCC determines is no longer in the public interest.  Specific issues to be considered in this proceeding are the local radio ownership rule (limiting one owner from having an “attributable” interest in more than 8 stations, and only 5 FMs in the largest markets, and fewer in smaller markets); the local TV ownership rule (limiting an owner from having an interests in more than 2 TV stations in any market); and the dual network rule (limiting a TV station from affiliating with any company that has an interest in more than one of the Big 4 TV networks).  For more on the issues involved, see our article on the radio ownership rules here and one on the TV ownership rules here.  Most broadcast groups supported a relaxation of the rules, while many “public interest” groups opposed any such relaxation.  The filed comments can be found here.  Reply comments are due January 16.
  • The FCC announced that comments are due February 13 responding to the following AM and FM station community of license change proposals: WKQK(AM), from Cocoa Beach, Florida, to Melbourne Beach, Florida; WRKY(AM), from Lancaster, Pennsylvania, to Lititz, Pennsylvania; WXRS(AM), from Swainsboro, Georgia, to Meldrim, Georgia; KAZK(FM), from Willcox, Arizona, to San Manuel, Arizona; KUBQ(FM) from La Grande, Oregon, to Lostine, Oregon; KXQX(FM), from Tusayan, Arizona, to Big Water, Utah; KXUT(FM), from Page, Arizona, to Orderville, Utah; WEGG(FM), from Bowman, Georgia, to Royston, Georgia; WNJD(FM), from Cape May, New Jersey, to Hartly, Delaware; WROV-FM, from Martinsville, Virginia, to New Castle, Virginia; WUMT(FM), from Marshfield, Massachusetts, to Kingston, Massachusetts; and WMNA-FM, from Halifax, Virginia, to Brookneal, Virginia.
  • The FCC’s Media Bureau reinstated the following channels in the FM Table of Allotments as vacant due to either the cancellation of the associated station authorizations or the dismissal of the associated long-form auction applications: Channel 250A at Eufaula, Alabama; Channel 247A at Coalinga, California; Channel 229C2 at Port St. Joe, Florida; Channel 226A at Warrenton, Georgia; Channel 245C2 at Grand Marais, Minnesota; Channel 258A at Vardaman, Mississippi; Channel 281A at Jefferson City, Missouri; Channel 229C1 at Conrad, Montana; Channel 233C1 at Hatteras, North Carolina; Channel 227A at Meyersdale, Pennsylvania; Channel 274A at New Ellenton, South Carolina; Channel 252C1 at Big Lake, Texas; Channel 252C1 at Farwell, Texas; and Channels 263A and 297C3 at Junction, Texas; Channel 271A at Lockney, Texas.  The Bureau also added Channel 266C3 at Coupeville, Washington as a vacant allotment but later retracted it.  The Bureau also deleted the following channels from the FM Table of Allotments to reflect these changes: Channel 247B1 at Coalinga, California; Channel 245C3 at Grand Marais, Minnesota; Channel 252C2 at Big Lake, Texas; Channel 271C3 at Lockney, Texas; and Channel 266A at Coupeville, Washington.  The FCC will announce at a later date when it will open windows for the filing of applications for construction permits to build new stations on the vacant allotments.
  • The FCC’s Space Bureau and Wireless Telecommunications Bureaus extended the comment deadlines in two proceedings concerning earth station licenses, which are held by some broadcasters:
    • The Space Bureau extended the comment and reply comment deadlines to January 20 and February 18, respectively, for the FCC’s Notice of Proposed Rulemaking proposing to facilitate more intensive use of spectrum in the 24 GHz, 28 GHz, upper 37 GHz, 39 GHz, 47 GHz, and 50 GHz bands (the UMFUS bands), which are used by some earth stations (see our note here).  The Bureau did so to align the comment deadlines in this proceeding with those in the proceeding concerning the FCC’s NPRM proposing changes to its existing regulatory framework for space and earth station licenses (see our note here). 
    • The Wireless Telecommunications Bureau extended the comment and reply comment deadlines to January 20 and February 18, respectively, responding to the FCC’s NPRM proposing to auction a portion the Upper C-Band (3.7-4.2 GHz), which is s intended to fulfill Congress’ mandate in the One Big Beautiful Bill that the FCC complete an auction of that spectrum by July 2027 (see our note here).  The Bureau did so to allow commenters to submit more comprehensive responses to the NPRM’s complex technical, legal, and policy issues without jeopardizing the FCC’s ability to conduct the Upper C-Band auction by July 2027. 

On our Broadcast Law Blog, we looked at some of the issues raised by the Senate Judiciary Committee’s recent hearing on the American Music Fairness Act which looked at the possibility of imposing a SoundExchange royalty on over-the-air broadcasting, as well as the articles referenced above on the President’s Executive Order on marijuana rescheduling and on possible changes to the TV ownership rules.

We do not expect to publish a summary of broadcast regulatory activity next week, so look for our next update after the holidays where we will cover any issues that arise in the intervening two-week period.  Also, watch the Broadcast Law Blog for our monthly look ahead at the regulatory issues that will be facing broadcasters, this one looking at regulatory dates in January and early February.

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

Last week, the Senate Judiciary Committee held a hearing on the American Music Fairness Act bill which proposes to adopt a new music royalty to be paid by over-the-air radio stations.  The royalty would be payable to SoundExchange for the public performance of sound recordings.  This means that the money collected would be paid to performing artists and record labels for the use of their recording of a song.  This new royalty would be in addition to the royalties paid by radio stations to composers and publishing companies through ASCAP, BMI, SESAC and GMR, which are paid for the performance of the musical composition – the words and music to a song. This legislation is very similar to a bill introduced in the last Congress (see our article here), and is another in a string of similar bills proposing to establish a broadcast performance royalty that have been introduced in Congress over the last decade.  See, for instance, our articles here, here, here and here on previous attempts to impose such a royalty.

This past week’s hearing featured three witnesses.  A broadcast station owner from eastern North Carolina, Henry Hinton, spoke on behalf of broadcasters warning of the impact that such a royalty would have on the economics of broadcasting and the public service that broadcast radio stations provide.  His written statement is here, and a podcast where he further explained his testimony is here.  Michael Huppe, the CEO of SoundExchange, testified in support of the royalty arguing, among other things, that the US was an outlier in not imposing this royalty on broadcasters, and that the broadcast industry should not be able to make its tens of billions of dollars off of artist’s work without compensating them (that revenue figure must have been meant as a historical one, as even he admitted that total revenue for the radio industry was only $14 billion – and some of that comes from talk radio that presumably would not be affected by this royalty).  His statement is here.  Also testifying was Gene Simmons, the frontman of the legendary band Kiss, who argued that this legislation was needed to compensate the next generation of artists so that they get paid for radio play.  His statement is here.  The hearing was contentious at times as most of the committee members in attendance were supporters of the royalty (though at least 25 Senators and close to a majority of the House have signed on to an NAB resolution opposing the royalty).  The entire hearing can be viewed on the Committee’s webpage here.

Continue Reading Congressional Hearing on American Music Fairness Act Proposing New Music Royalty on Radio Stations – What is Being Considered

In the last few weeks, I’ve spoken to meetings of several broadcast organizations about important pending issues at the FCC and, unfortunately, had to cancel my planned appearance at the TVOT (TV of Tomorrow) conference in New York City where I was to have talked about the same issues.  In any such conversation, probably the most talked about issue is the potential change in the broadcast ownership rules.  Comments are due to be filed in the FCC’s Quadrennial Review of media ownership on Wednesday (December 17).  We recently explored the radio issues to be considered, and they are relatively straightforward – should the FCC retain or significantly modify the local radio ownership rules?  But I am finding that there is some confusion about the TV rules. The comments due on Wednesday address only the local TV ownership rules, but potential changes in the national rules are also being considered in a separate proceeding, and changes in both are needed to allow some of the pending transactions to go forward (like the Nexstar-TEGNA deal).  We thought that we would explore the TV issues in this article.

The national ownership caps were set by Congress and prohibit broadcast owners from holding an interest in TV stations reaching more than 39% of the national television audience (though, in practice, the real limit is much higher as the audience of UHF television stations, which are now the majority of stations, still count as half that of VHF stations, the dominant transmission standard in 2004 when the 39% cap was adopted by Congress – see our article here on the UHF discount).  The local TV ownership rules which currently limit any owner from having attributable interests in more than 2 TV stations in any market, are considered by the FCC in Congressionally mandated Quadrennial Reviews of the local ownership rules.  A waiver of both of these mandates, or a change in the rules themselves, is necessary before a deal like that proposed by Nexstar can be approved.  Is that likely to happen?  There are many issues to consider.

Continue Reading The Limits on Ownership of Over-the-Air Television Stations – Looking at the Two FCC Proceedings that Could Change the Rules

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The FCC’s Enforcement Bureau entered into a Consent Decree with a public broadcaster to resolve an investigation into whether false Emergency Alert System (EAS) tones were broadcast on each of the broadcaster’s 46 licensed stations and approximately 500 affiliated stations.  The Bureau found that a recorded EAS tone was aired twice on the stations – along with pieces of NOAA tornado warning alert – during a segment of a BBC program titled “Witness” that described chasing the world’s biggest tornado.  The Consent Decree requires that the broadcaster pay an $86,400 voluntary contribution to the U.S. Treasury and enter into a compliance plan to ensure that future FCC rule violations do not occur.  See our article on the Broadcast Law Blog for more on this Consent Decree.
  • There were press reports this week that the AM Radio For Every Vehicle Act will soon be voted on in the U.S. House of Representatives.  As we noted here and discussed here and here, the bill requires that automobile manufacturers retain AM radio in the car dashboard.  As we noted here, the House Committee on Energy and Commerce approved House version of the bill in September 2024.  If passed in the House, the Senate must approve a reconciled version of the bill (one with identical language) before the bill can be signed by President Trump.  The bill enjoys broad bipartisan support in both chambers, so it is possible that it will be passed into law soon. 
  • President Trump signed an Executive Order setting forth Executive Branch actions to preempt State artificial intelligence (AI) laws.  The Executive Order conditions or withholds federal funding awards for broadband expansion from states whose AI laws unconstitutionally regulate interstate commerce, are preempted by existing federal regulations, or are otherwise unlawful in the Attorney General’s judgment.  This would include laws “that require AI models to alter their truthful outputs, or that may compel AI developers or deployers to disclose or report information in a manner that would violate the First Amendment or any other constitutional provision.” This may impact state AI laws affecting broadcasters, such as those dealing with AI in political advertising (which have been adopted in the majority of all states – see our articles here and here about some of the early state laws) and those requiring the labeling of other content that was created with AI.  The Executive Order gives the FCC a role to play – initiating “a proceeding to determine whether to adopt a Federal reporting and disclosure standard for AI models that preempts conflicting State laws.”
  • The FCC’s Enforcement Bureau released a Public Notice announcing a random audit of the EEO programs of 27 multichannel video programming distributors (e.g., cable systems and similar providers).  Like the recent EEO audits of broadcasters (see our article here), these cable audits require systems to identify DEI programs at the systems or their suppliers using questions almost identical to those used in the last broadcast audit.  The selected MVPDs need to report any complaints, formal or informal, about discrimination and any reprimands or other penalties imposed on employees “for failing to comply with or affirm policies or programs regarding race, color, religion, national origin or sex.”  The use in hiring of any “race-based hiring databases” must also be disclosed.  It appears that these questions will now be standard in EEO audits, so broadcasters should anticipate having to respond to them if they are selected in a future audit. 
  • The Media Bureau announced that January 1 is the effective date of the last of the FCC’s revisions to its cable rate regulations that it adopted in a June Report and Order which streamlined its cable rate regulations, many of which are now obsolete or unworkable due to the end of most cable rate regulation years ago.
  • The Media Bureau released a Report and Order granting a petition for rulemaking proposing a change in KQSL(TV)’s city of license by amending the TV Table of Allotments to specify the use of TV Channel 8 at Cloverdale, California instead of at Fort Bragg, California, thus providing Cloverdale with its first local service.  The Bureau concluded that the proposed change created a preferred arrangement of television allotments because it would add the first local service to the larger community of Cloverdale without adversely affecting service to Fort Bragg viewers since another station would remain licensed to Fort Bragg and because KQSL did not propose to modify its technical facilities so it would still provide technical service to the community. 

On our Broadcast Law Blog, we discussed steps broadcasters should be taking now to avoid legal issues with political broadcasting during what will likely be a very active political broadcasting season leading up to the 2026 election.

Using the EAS alert tones without a real emergency has led to several FCC fines in recent years – including many fines in the hundreds of thousands of dollars (see, for instance, our articles here, here, and here).  This week, the FCC’s Enforcement Bureau released a Consent Decree with a noncommercial radio group (American Public Media Group, Minnesota Public Radio d/b/a American Public Media, and Southern California Public Radio)  to settle an investigation into the use of these tones in a BBC program about chasing tornadoes that ran on the group’s stations, and on other public broadcasting stations around the country to which the group syndicated the program.  As part of this decree, the group agreed to pay $86,400 to the government.  According to the decree, the program included two instances where EAS tones were used, and pieces of NOAA tornado warning alert audio were also aired.  In total, 46 stations associated with the group, and about 500 other stations that received the program from the group, ran these tones. 

The use of EAS tones without a real emergency (or in connection with an authorized test) violated Section 11.45 of the Commission’s rules.   As noted in the Consent Decree, the Commission believes that the use of simulated or actual EAS Tones for non-authorized purposes—such as commercial or entertainment purposes—can lead to dangerous “alert fatigue” where the public becomes desensitized to the alerts, questioning whether the alerts are for a real, imminent threat or some other cause. Moreover, the broadcast of these EAS Tones could result in false activations of the Emergency Alert System, as any stations that monitor a station that runs a false alert may have their own EAS equipment triggered – theoretically cascading the alert throughout the system.

Continue Reading $86,400 Penalty on Noncommercial Broadcaster for Use of EAS Tones in Programming When No Emergency Existed

The deadline for candidates in Texas to file for a place on the March 3 primary ballot was this week.  Deadlines for filing to become a qualified candidate in other states will follow soon for other primaries that occur in March, and then throughout the first part of 2026.  As a result, broadcast stations and cable companies across the country will be dealing with all of the FCC political rules that become important once you have legally qualified candidates.  Even before the deadline for candidates to file for their place on the ballot, stations are dealing with buys from potential candidates, PACs, and other third-party groups looking to establish positions for the important 2026 elections. Spending on political advertising is sure to increase as the new year rolls around, and some suggest that it could rival or even exceed the record amounts spent in prior elections. What should broadcast stations be thinking about now to get ready for the 2026 elections?

The week before Thanksgiving I did a webinar for over 20 state broadcast associations on these issues (check with your state association to see if they have access to an archived copy of that webinar).  We have also written about some of the issues that broadcasters should already be considering in our Political Broadcasting Guide (which we plan to update shortly). But there are many issues that broadcasters need to consider now.  Some of those are discussed below.

Continue Reading Getting Ready for the 2026 Election – Steps Broadcasters Should Be Taking Now to Avoid Legal Issues with Political Broadcasting

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The FCC’s Media Bureau announced that the deadline for broadcasters to comply with the new foreign sponsorship identification requirements has been extended from December 8 until June 7, 2026.  In June 2024, the FCC released a Report and Order providing broadcasters with a written certification with standardized language to determine whether those who “lease” program time on their stations are foreign governments or their agents, and also included in the definition of “leased programming” spot advertising not promoting commercial products or services, or bought by political candidates – thus bringing issue ads and paid PSAs under the requirement that broadcasters verify that their sponsors are not foreign governments or their agents (see our Broadcast Law Blog discussion here).  The extension means that use of the new certification language, or other language with comparable meaning, will not be required until June 7, 2026.  The extension also presumably extends the compliance deadline for the verification of the sponsors of paid PSAs and issue ads.  Note, however, that broadcasters since March 2022 have had an obligation to obtain some assurances that buyers of program time are not foreign governments or their agents – though the precise wording for those assurances was not specified by the FCC (see our articles here on the initial obligation and here on a court decision modifying that requirement).  That obligation remains in effect.
  • The Media Bureau reminded broadcasters that its audio description rules will take effect on January 1, 2026 for TV stations affiliated with the Top 4 Networks (i.e., ABC, CBS, Fox, and NBC) operating in Nielsen Designated Market Areas (DMAs) 111 through 120: (111) Tyler-Longview, TX (Lufkin & Nacogdoches, TX); (112) Sioux Falls, SD (Mitchell, SD); (113) Fargo, ND; (114) Springfield-Holyoke, MA; (115) Lansing, MI; (116) Youngstown, OH; (117) Yakima-Pasco-Richland-Kennewick, WA; (118) Traverse City-Cadillac, MI; (119) Eugene, OR; and (120) Macon, GA.  In 2023, the FCC expanded its audio description requirements already in place in the top 100 DMAs to Top 4 Network-affiliated TV stations operating in DMAs 101 through 210, using a gradual process starting with markets 101-110 in on January 1, 2025 and adding ten new markets each year ending with DMAs 201 through 210 on January 1, 2035 (see our note here).  Audio description provides narrated descriptions of a television program’s key visual elements during natural pauses in the program’s dialogue, for the benefit of individuals who are blind or visually impaired.
  • The FCC announced comment and reply comment deadlines for three Notices of Proposed Rulemaking concerning earth station licenses, including those held by broadcasters:
    • Comments and reply comments are due January 2 and February 2, respectively, in response to the FCC’s NPRM proposing to facilitate more intensive use of spectrum in the 24 GHz, 28 GHz, upper 37 GHz, 39 GHz, 47 GHz, and 50 GHz bands (the UMFUS bands), which are used by some earth stations, asking for comment on proposals to take actions to facilitate more intensive use of this spectrum.
    • Comments and reply comments are due January 5 and February 3, respectively, in response to the FCC’s NPRM proposing to auction a portion the Upper C-Band (3.7-4.2 GHz), which is s intended to fulfill Congress’ mandate in the One Big Beautiful Bill that the FCC complete an auction of that spectrum by July 2027.  To deal with existing spectrum users, the FCC proposes to define “incumbent earth stations” as those that were operational as of April 19, 2018 and remain operational, were licensed or registered as of November 7, 2018, and timely certified the accuracy of their information on file with the FCC by May 28, 2019 (incumbent earth stations being ones entitled to interference protection or reimbursement during any C-band transition).
  • Comments and reply comments are due January 20 and February 18, respectively, in response to the FCC’s NPRM proposing changes to its existing regulatory framework for space and earth station licenses, including streamlined application requirements and expedited processing timeframes, extending the license terms for most earth stations, expanding the list of modifications that applicants can make without prior approval, and shifting to a predominantly nationwide blanket licensing approach for earth stations. 
  • The Media Bureau announced pleading deadlines for public comments on the applications seeking FCC approval of Nexstar Media, Inc.’s acquisition of TEGNA Inc., which will result in Nexstar controlling more than two TV stations in 23 DMAs and holding interests in stations with a national audience reach of 54.5%.  The FCC’s rules currently prohibit a broadcaster from having more than two local TV stations in any market and from having interests in stations with a national audience reach exceeding 39%.  The parties note that there are proceedings underway that may change these ownership limitations, and request waivers of the FCC rules as necessary to permit the proposed transaction. 
  • Congressman Jamie Raskin (D-MD) sent the CBS ombudsman a letter asking whether President Trump improperly influenced CBS’ editorial discretion during the President’s 60 Minutes interview on November 2.  As we noted here, Skydance Media committed to appoint an ombudsman to handle bias complaints against CBS in connection with the FCC’s approval of its acquisition of Paramount, CBS’ parent company.  Raskin alleges that CBS made substantial edits to the broadcast of Trump’s interview, including removing questions about corruption after Trump objected.  Raskin also alleges that Trump directed CBS to omit his comments about the network’s $16 million settlement of Trump’s lawsuit against the network for its supposed deceptive editing of the 60 Minutes interview with then-Vice President Harris (see our note here), which, as we noted here, here, and here, is the basis of still pending news distortion complaint at the FCC.
  • The Media Bureau entered into a Consent Decree resolving an FCC investigation into complaints about the license renewal of a Massachusetts FM translator alleging that it rebroadcast an AM station’s signal without consent of the AM station’s licensee – despite repeated demands from the licensee to cease the rebroadcast.  The translator licensee disputed these allegations, saying it had approval for the rebroadcast from the AM station’s prior licensee, so the FCC found the complaint insufficient to deny the license renewal.  However, the Bureau found that the FM translator failed to update the FCC regarding its change in primary station, failed to broadcast the required station identifications, did not properly disclose its primary station in its license renewal application, and failed to pay the required filing fee for its renewal application.  The Consent Decree requires that the FM translator pay a $6,000 voluntary contribution to the U.S. Treasury.