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

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 House Judiciary Committee held a hearing titled “Examining the Sports Broadcasting Act.”  The hearing featured testimony from several industry members and government officials, including FCC Commissioner Gomez and NAB President and CEO Curtis LeGeyt.  Members of both parties expressed concern that sports fans must navigate a fragmented and costly media landscape to access games.  Much of the questioning centered on the migration of sports, in particular NFL games, to streaming platforms and away from free TV.  Questions were raised about the need to amend the Sports Broadcasting Act, which gives professional sports leagues an antitrust exemption to negotiate contracts on behalf of all league teams for the broadcast of their games.  More information on the hearing, including video and testimony, can be found here.
  • Representatives of the National Association of Broadcasters met with FCC staff last week on AM service improvements, filing a summary of their discussions of proposed rule changes.  The NAB proposed elimination of the minimum efficiency standards that prevent AM stations from choosing antennas that could expand their service area and allow them to locate on smaller, less expensive transmitter sites.  The NAB also proposed eliminating rules complicating AM stations’ access to the expanded band (1605-1705 kHz) and asked that the FCC consider opening a filing window for applications for new stations in that band.  The NAB cited AM stations’ vital public safety role as the reason to adopt these changes.
  • Senators Cruz (R-TX) and Wyden (D-OR) introduced the Justice Against Weaponized Bureaucratic Overreach to Networked Expression (JAWBONE) Act, which is aimed at preventing “jawboning” (government actions pressuring companies to censor speech protected by the First Amendment).  The bill allows individuals or companies adversely affected by the jawboning to sue any government agency or government employee that improperly exerts pressure on social media, AI, or broadcasting companies, regardless of whether the jawboning succeeds in blocking speech.  The bill also requires that governmental agencies publicly disclose certain communications with these media companies to identify jawboning.  Senator Wyden stated that “nearly all of Americans’ speech—including TV news, online streams, and social media—flows through private corporations that are highly susceptible to government pressure, and “regular Americans can’t count on those companies to stand up to government jawboning, they need a way to level the playing field.”  More information on the JAWBONE Act can be found here.
  • FCC Chairman Carr responded to a letter from Democratic Congressional representatives Pallone (NJ), Clarke (NY), and Matsui (CA) seeking information regarding the FCC’s alleged recent efforts to chill speech of those critical of the Trump Administration.  The Congress members cited the FCC Media Bureau’s Order that Disney file its license renewals early for its ABC TV stations (see our note here), the Media Bureau’s reversal of longstanding FCC policy exempting daytime and late-night talk shows from the political equal time rule (see our note here), and the FCC’s investigations of James Talarico’s appearances on ABC’s “The View” (see our note here) and CBS’ “The Late Show with Stephen Colbert.”  Carr responded that the news media has mischaracterized these recent actions, which Carr stated were instead legitimate exercises of the FCC’s authority to examine whether broadcasters were fulfilling their public interest obligations.  As for Disney’s early renewals, Carr stated that early renewals were a long-established FCC practice, and the Media Bureau has called in other broadcasters’ renewals early (including Bridge News, whose renewals were requested at the same time as those of Disney) and recently concluded that a short-term renewal was appropriate for a station’s continued violations of its Online Public Inspection File (OPIF) obligations after entering into a Consent Decree for those rule violations (as we noted here).  Carr said that the Disney early renewals resulted from an investigation of EEO practices rather than content-based questions.  Carr also defended the Media Bureau’s updated guidance on the equal time rule, stating that the FCC could not ignore the statutory obligation that broadcasters provide equal time to opposing candidates.  Carr contrasted these actions with what he alleged were political actions by the FCC under the Biden Administration, which he said included pressuring cable providers to drop right-wing news outlets, blocking the sale of broadcast stations for political reasons, and refusing to renew broadcast licenses. 
  • Chairman Carr also released a statement regarding the FCC’s efforts in supporting the 2026 FIFA World Cup.  Carr stated that it was the FCC’s “priority number one” to “ensure the radio spectrum requirements essential to the World Cup,” including for broadcast operations, “are fully supported.”  Carr stated that “the FCC has deployed a networked constellation of advanced spectrum sensors across all U.S. venues to conduct remote spectrum monitoring and help identify harmful interference.”
  • The FCC released a Small Entity Compliance Guide providing broadcasters with guidelines on disclosing if they are owned or controlled by a “foreign adversary.”  In January, the FCC released a Report and Order requiring all broadcast licensees and permittees to file a certification with the FCC stating if they are owned or controlled by a “foreign adversary”—which the FCC defines as the Peoples’ Republic of China, Cuba, Iran, North Korea, Russia, and Venezuela (if related to ousted politician Nicolás Maduro).  Entities certifying yes will need to disclose all foreign adversary ownership interests (including interests held by their citizens or companies organized under their laws) of 10% or greater and describe the nature of the foreign adversary’s control.  Once the FCC launches the new reporting database, broadcasters will follow different reporting schedules based on their size (larger broadcasters must report more often), and the first filings will be due 60 days (120 days for smaller entities) after the database launches.  The FCC may revoke authorizations if an entity fails to file the certification or fails to timely correct deficient certifications.
  • The Media Bureau released a Notice of Proposed Rulemaking proposing to delete vacant Channel 288A at Selmer, Tennessee from the Table of FM Allotments because the allotment is short spaced by 9 kilometers to another FM station and is vacant after the license of a station that operated on the channel was cancelled.  The Bureau noted that there were no alternate channels available at Selmer to alleviate the short-spacing.  Comments and reply comments responding to the NPRM are due July 24 and August 10, respectively. 
  • The Media Bureau and Office of Managing Director issued Orders to Pay or to Show Cause against two Texas FM stations proposing to revoke the stations’ licenses unless, within 60 days, the stations pay their delinquent regulatory fees and interest, administrative costs, and penalties, or show that the debts are not owed or should be waived or deferred.  The first station has an unpaid regulatory fee debt totaling $2,856.43 for fiscal years 2021 and 2022, and the second station has an unpaid regulatory fee debt totaling $1,849.58 for fiscal years 2020 and 2021. 

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 released a draft Report and Order and Further Notice of Proposed Rulemaking which, if adopted at its June 25 Open Meeting, would modernize the Emergency Alert System (EAS).  The draft Report and Order seeks to improve EAS cybersecurity by requiring EAS Participants, including broadcasters, to take certain actions to secure their EAS equipment, studio transmitter links, and any remotely managed equipment used for routing, processing, or inserting content into their programming streams.  These actions include: before operations, EAS Participants must change all default passwords, use strong passwords, and change passwords if an EAS Participant believes that the password has been comprised; test and install security patches and security-related software and firmware upgrades promptly after those patches or upgrades are available; and use a network firewall or comparable network segmentation practice to limit remote access to authorized devices and users.  If adopted at the June meeting, EAS Participants must comply with these new requirements within 60 days after the new rules’ publication in the Federal Register.  The draft FNPRM proposes to improve EAS’s integrity by requiring authentication of all EAS alerts before being transmitted, and allowing EAS Participants to use software-based EAS encoder/decoder technology instead of a dedicated EAS hardware device to process EAS alerts.  The draft FNPRM also seeks comment on requiring EAS alerts to display symbols for the emergency type, whether to adopt universal EAS alert message identification requirements, and how to improve geo-targeted EAS alerts’ accuracy. 
  • The U.S. Supreme Court upheld the FCC’s authority to issue monetary penalties against regulated entities for FCC rule violations.  Last year, the FCC appealed to the Supreme Court the decision of the U.S. Court of Appeals for the Fifth Circuit overturning a $57 million FCC-imposed fine on AT&T for failing to protect some of its mobile phone users’ location data.  The Fifth Circuit had found that the fine violated AT&T’s Seventh Amendment right to a jury trial, relying on a ruling by the Supreme Court in the Jarkesy case, where the Supreme Court held, in connection with fines imposed by the Securities and Exchange Commission, that federal agencies cannot issue fines that are analogous to penalties at common law without providing the right to a jury trial to those accused of the violation.  Following the AT&T decision, the U.S. Courts of Appeals for the D.C. Circuit and Second Circuit issued separate decisions reaching the opposite conclusion – upholding FCC fines imposed on T-Mobile and Verizon for similar violations, finding that the Jarkesy precedent did not apply as FCC fines were not self-executing – they could be collected only after the U.S. Department of Justice sued the offender in federal court, where the issues could be relitigated with a jury. These conflicting decisions created a “circuit split” that provided grounds for the Supreme Court to consider the issue.  The Supreme Court’s decision last week found that, as FCC decisions were not binding unless and until the DOJ sued to collect them, and as the FCC could not penalize a party for not paying a fine until the DOJ prevailed in a Court action where all of the issues that led to the fine could be litigated with no presumption that the FCC’s decision was correct, FCC fines were different than those in Jarkesy. In particular, the Court noted that the SEC alone made the ultimate determination of the facts and law about any violation and could, after imposing a penalty, immediately take collection actions against the violator’s assets.  Unlike with FCC fines, no Court action was necessary before the SEC could collect the fines it imposed.  We will write more on our Broadcast Law Blog later this week about this decision and considerations for broadcasters in assessing its impact on their dealing with FCC-imposed fines. 
  • The U.S. House Communications and Technology Subcommittee held a hearing tilted “Where are We?: Examining Positioning, Navigation, and Timing Capabilities in the United States.”  The hearing focused on several issues including Global Positioning System (GPS) vulnerabilities and the need for Positioning, Navigation, and Timing (PNT) resiliency, and the status of the Broadcast Positioning System (BPS).  At the hearing Subcommittee Chairman Hudson (R-NC) referenced the FCC’s March 2025 Notice of Inquiry exploring how the FCC can support industry efforts to develop new PNT technologies, including the BPS provided by TV stations operating with the ATSC 3.0 transmission standard.  The hearing memo is available here, and further information on the hearing, including video and testimony, is available here.
  • The FCC’s Media Bureau entered into a Consent Decree with two Texas FM translators to resolve its investigation into their compliance with the FCC’s rules.  The Bureau found that the translators were not rebroadcasting their designated primary stations and were impermissibly originating programming.  The Bureau also found that the translators’ ownership changed without prior FCC approval and were controlled by a Mexican citizen for a period of time without FCC approval.  The Bureau further found that one of the translators was not operating with authorized equipment, was off the air or operated at reduced power for about 6 months, and its licensee failed to respond adequately to interference complaints against the translator.  The Consent Decree requires that the licensee make a $50,000 voluntary contribution to the U.S. Treasury and enter into a compliance plan to ensure compliance with the FCC’s rules.

On our Broadcast Law Blog, we discussed the eligibility requirements and the application limits for the upcoming NCE FM translator filing window later this year.

In January, the FCC made public its plans to open a window for the filing of applications for new FM translators in the “reserved band” – between 88.1 and 91.9 – to be operated by licensees of noncommercial stations (see our article here).  When the Commission approved this window at its February regular monthly open meeting, it announced that the Media Bureau would consider whether to implement a 10-application limit for any company seeking construction permits in this window, and it would adopt other eligibility criteria.  This past week, the Media Bureau issued a Public Notice setting out those eligibility criteria. 

In its Public Notice, the Bureau indeed adopted the 10-application limit.  While some parties suggested a higher limit – especially for applications outside of major markets – the Bureau concluded that the 10-application limit worked best to avoid speculation in translator permits and concluded that this limit would ensure a manageable number of applications for the Bureau to process.  The Bureau also adopted lower caps on any translators to be paired with LPFM stations – adopting a four-application cap on translators for Tribal LPFM applicants and a two-application cap on applications for all other LPFM applicants.

Continue Reading FCC’s Media Bureau Sets the Eligibility Rules for Upcoming NCE Translator Filing Window

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 released a Public Notice reminding broadcasters that new foreign government sponsored programming identification requirements take effect on June 7.  The FCC released a Report and Order in June 2024 providing broadcasters with standardized certification language to document their already required determinations of whether those who “lease” program time on their stations are foreign governments or their agents.  The Public Notice confirms that this standardized certification language must be used for any new program contracts or renewals of existing agreements after that date.  The June 2024 Order also required that broadcasters verify whether sponsors of ads that are not for commercial products or services are foreign governments or their agents unless those ads come from political candidates whose ads cannot be censored (see our articles here, here, and here).  This would include issue ads and paid PSAs.  The Bureau suspended compliance with this aspect of the 2024 decision for 2 years or until further notice so the FCC can review the public benefits of extending the rules to these ads.  But the Bureau stated that, if a station has actual knowledge that such an ad was provided by a foreign governmental entity, then the enhanced sponsorship identification and online public file obligations required for any program sponsored by a foreign government or its agents are required.  See the article on our Broadcast Law Blog for more on this week’s Public Notice.
  • The Media Bureau released a Public Notice reminding broadcasters of their public interest obligations.  The Bureau stated that broadcasters are public trustees of radio spectrum and must provide programming responsive to the needs and interest of their local communities, and that it can take appropriate action against broadcasters who fail to serve the public interest – including by enforcement action, granting a renewal application with conditions and/or on a short-term basis, requiring stations to file early renewals, or designating an application for hearing.  The Notice stated that the FCC will engage in a “robust review” of applications to ensure broadcasters’ compliance with their public interest obligations and encouraged broadcasters to review and modify their operations to ensure compliance with FCC rules and policies.  The Notice concluded that the FCC would exercise its authority to ensure that broadcasters either fulfill their public interest obligations or it will “provide the privilege of being a broadcast licensee to someone else that will fulfill that duty.”  While no new rules or policies were outlined in this Notice, the release of this Notice one year before the next license renewal cycle begins, and soon after the FCC called for early license renewals from a number of stations, suggests that broadcasters need to heed this warning.
    • The FCC issued Public Notices concerning the license renewal applications from Bridge News and Disney ABC, which the FCC had ordered to be filed early.  These notices discuss the FCC’s next steps in processing those applications.  As we noted last week, Bridge News has asked for reconsideration of the order requiring the early renewals, arguing that the order was not justified by prior FCC precedent.  In the Disney ABC renewal applications, it stated that the applications were filed “under protest” as the call for an early renewal was not supported by FCC precedent and raised many other legal concerns. 
  • The Media Bureau released a Public Notice announcing the adoption of an application limit and eligibility restrictions for the upcoming noncommercial reserved band filing window.  In February, the FCC released a Public Notice announcing its plans to open a filing window in 2026 for new noncommercial FM translator stations in the reserved band (Channels 201-220 – 88.1 through 91.9 MHz) and proposing an application limit and eligibility restrictions (see our article here and note here).  This week’s Public Notice confirmed that applicants must be the licensee or permittee of an existing noncommercial AM or FM station or an LPFM station that the proposed translator will rebroadcast.  Applicants will be limited to 10 applications nationwide, except that Tribal LPFM applicants would be limited to 4 applications and all other LPFM applicants would be limited to 2 applications.  The Bureau also imposed a 4-year holding period – meaning that any translator granted from this window cannot change its primary station or be assigned to an entity (except where both the primary station and the translator are sold together to a single buyer) until the translator has operated for 4 years. 
  • The FCC’s Enforcement Bureau issued Notices of Violation against two commonly owned Illinois AM and FM stations after the Bureau’s inspection of its stations’ towers revealed FCC rule violations.  The Bureau found that the FM station’s tower was not equipped with the required white obstruction lighting and the station failed to update the FCC regarding the tower’s ownership.  The Bureau also found that the paint on AM station’s tower was faded and lacked the required lighting and the station failed to register the structure with the FCC.  The stations must now explain to the Bureau how they will correct their violations and prevent future violations from occurring.  Based on the stations’ responses, the Bureau will consider whether these stations will be subject to penalties for their alleged violations.

On our Broadcast Law Blog, we took a look at the June regulatory dates and deadlines affecting broadcasters including annual EEO public file reports in several states, comment dates in a number of FCC proceedings (including on annual regulatory fees, auction rules for an upcoming FM auction, modification of the TV audible crawl rule, and TV parental ratings systems) – plus the opening of a number of Lowest Unit Charge windows for primary elections in July and August.

This week, the FCC’s Media Bureau released a Public Notice to remind broadcasters that new foreign sponsorship identification requirements go into effect June 7, 2026.  These rules clarify the existing obligations of broadcasters to determine whether buyers of program time on a station are foreign governments or their representatives.  The obligation to get certifications from buyers of program time  as to whether they are foreign governments or their agents has actually have been in effect since 2022 (see our article here).  The June 7 effective date applies to a new method of compliance with the verification obligation, adopted by a Commission Order in 2024.  The 2024 Order also extended this certification obligation beyond leased program time, to cover commercial advertising on a station except for ads for commercial products or services and ads for political candidates (see our article here).  In other words, ads for Tide or Coca-Cola or by the John Smith for Congress official campaign committee are not subject to the rule, but ads that are not for commercial products and services or by political candidates are subject to the rule – including political issue ads and paid PSAs.  However, this week’s Public Notice put on hold the extension of the certification obligation to spot time while the Commission reassesses the costs and benefits of that requirement, except where the station has “actual knowledge” that the spots were provided by a foreign governmental entity.

This is a convoluted set of requirements, so let’s break it down.

As background, in 2021, the FCC adopted rules requiring broadcasters to determine whether any party “leasing” programming is a foreign government or an agent of a foreign government (a “foreign government entity”).  Broadcasters must also assure themselves that these foreign government entities have not paid for the furnishing of that time anywhere in the program’s production chain.  These rules became effective in March 2022.  Since then, broadcasters have been obligated to determine if buyers of program time are foreign government entities.  The FCC required that broadcasters obtain written certifications from program buyers as to whether or not they were representatives of foreign governments, but it did not specify the form of those certifications. 

Continue Reading FCC Announces Effective Date of New Certifications from Buyers of Program Time to Identify Foreign Government Sponsored Programming, But Puts Other Obligations on Hold

Though school may be letting out for many, the FCC does not take a summer recess.  Instead, regulation continues with the filing of Annual EEO Public File Reports due for some broadcasters on June 1.  There are also several other regulatory and comment deadlines coming up this June, including the deadline for all commercial full power TV, Class A TV, and AM and FM radio stations to begin complying with the FCC’s new foreign sponsorship identification requirements (with some exceptions), and comment deadlines in the FCC’s proceedings concerning its fiscal year 2026 regulatory fees, next year’s auction of vacant FM allotments, and the TV Parental Guidelines ratings system.  And there are political windows that open in June for elections that will occur in July and August. 

June 1 is the deadline for radio and television station employment units in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming with five or more full-time employees to upload their Annual EEO Public File Report to their stations’ Online Public Inspection Files (OPIFs).  A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area with at least one common employee.  For employment units with five or more full-time employees, the annual report covers hiring and employment outreach activities for the prior year.  A link to the uploaded report must also be included on the home page of each station’s website, if the station has a website.  Be timely getting these reports into your station’s OPIF, as even a single late report can lead to FCC fines (see our article here about a $26,000 fine for a single late EEO report).  Note that, for radio stations in Maryland, Virginia, West Virginia, and the District of Columbia, this EEO Report will be one of the two assessed by the FCC in its review of their license renewal applications that will be due by June 1, 2027 – the start of a new license renewal cycle for radio and, a year later, for TV. 

The filing of the Annual EEO Public File Reports by TV station employment units with five or more employees triggers a Mid-Term EEO Review that analyzes the last two Annual Reports for compliance with the FCC’s EEO requirements.  The Mid-Term EEO Review begins June 1 for these larger TV station employment units in Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming subject to this review.  See our articles here and here on broadcasters’ Mid-Term EEO Review reporting requirements.

Continue Reading June 2026 Regulatory Dates for Broadcasters – Foreign Sponsorship Identification Requirements Compliance Deadline, Annual EEO Public File Reports, 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.

  • The language of the AM Radio for Every Vehicle Act, which would mandate the inclusion of AM radios in all cars sold in the United States, has been added by the House Committee on Energy and Commerce to the pending surface transportation reauthorization legislation.  Attaching the bill on AM radio to the larger legislation reauthorizing funds for surface transportation increases the chances that the AM radio mandate could pass Congress this year.  The NAB issued a statement applauding the action as essential for public safety, while the CEO of the Consumer Technology Association posted on X his opposition saying that the mandate would raise the cost of cars and stifle innovation.   We wrote more about the provisions of AM bill on our Broadcast Law Blog, here and here. 
  • The FCC’s Media Bureau provided guidelines for processing broadcast applications filed while a “remedial foreign ownership petition” is pending.  Section 310(b) of the Communications Act prohibits foreign entities, individuals, and governments from holding ownership interests of more than 20% in an FCC licensee and more than 25% in a U.S. entity directly or indirectly controlling an FCC licensee.  When a broadcast company, through no fault of its own, exceeds the 25% limit, the FCC provides broadcasters with a safe harbor to avoid enforcement penalties by allowing them to either remedy their foreign ownership noncompliance (by, for instance, redeeming the foreign ownership interest) or to seek retroactive FCC approval of the foreign interest through a “remedial petition.”  While a remedial petition is pending, under the new guidelines, applications related to a station’s ongoing operations (including STA requests and minor modification applications) will generally be processed as normal.  Applications for transfers of control and assignments of license will also be processed but any grant may be conditioned on, for instance, minimizing the unapproved foreign interest holder’s involvement in the stations while the petition is pending.  The Bureau generally will not process applications for new broadcast authorizations (including applications for a new station, licenses to cover competed construction permits, and license renewals) until the petition has been granted.  For more on the background of this action, and on what it does and does not cover, see this article on our Broadcast Law Blog.
  • The Media Bureau announced that comments and reply comments are due June 22 and July 6, respectively, on Disney/ABC’s Petition for Declaratory Ruling concerning the status of “The View” as a bona fide news interview program exempt from the FCC’s equal opportunity rules.  As we noted here, Disney/ABC contended that it was unprecedented for the Bureau to order a licensee to file a Petition for Declaratory Ruling, particularly as ABC received a ruling from Bureau in 2002 that “The View” was exempt from the equal time rules.  Disney/ABC also questioned the validity of the Bureau’s January Public Notice (which we discussed here), contending that the Bureau cannot change 40 years of FCC precedent holding that, even without an explicit FCC declaratory ruling, regularly scheduled interview programs controlled by a licensee and regularly featuring newsmakers are exempt from the equal time rules.  The Bureau seeks comment on several matters, including whether “The View” qualifies as a bona fide news interview program and whether its programming decisions are politically motivated, and the broader question as to whether the equal opportunity rules can still be applied consistent with First Amendment principles. 
  • The U.S. Court of Appeals for the D.C. Circuit ordered the FCC to respond within 30 days to a petition for writ of mandamus asking that the Court order the FCC to act on a November 2025 petition seeking repeal of the FCC’s news distortion policy its petition because, it is argued, it has become apparent that FCC Chairman Carr does not intend to act on it. The November petition, as we noted here, was filed by a number of former FCC chairs, commissioners, staff, and public interest groups, arguing that the policy should be repealed as being inconsistent with the First Amendment both because the FCC appears to be using it to suppress viewpoints critical of President Trump (see our note here) and because, more broadly, the policy cannot be applied without embroiling the FCC in prohibited content-based decision making. 
  • The licensee of numerous Class A, LPTV, and TV translator stations filed a petition for reconsideration of the Media Bureau’s April Order requiring it to file by May 27 license renewal applications for all of its stations – years before those applications would ordinarily be due.  The FCC, after an investigation of whether the licensee had engaged in an unauthorized transfer of control, claimed that the early renewals were needed because “additional actions” were warranted so it could assess whether the licensee was operating in the public interest.  The licensee, it its Petition for Reconsideration, made several arguments including that no “additional actions” were needed as the Bureau had the information to resolve the issue as the purported unauthorized changes in ownership were simply a clerical error in some FCC filings that the licensee itself had brought to the FCC’s attention and corrected; that even had an unauthorized transfer occurred, FCC policy was that a fine should be the only penalty (which it was prepared to pay as part of a consent decree being negotiated with the Media Bureau when the Order demanding the early renewals was released); that FCC precedent makes clear that demanding early renewals requires a “compelling reason” and cannot be invoked except when there is no other way to assess a licensee’s conduct (not necessary here as the licensee’s purported misconduct had already been investigated, admitted, and explained); and that the Media Bureau did not have the power to require this early filing (only the full Commission could take this extraordinary action).
  • The FCC announced that June 18 is the effective date of its March Report and Order updating and clarifying several broadcast rules.  These changes include conforming rules to current licensing systems (including replacing outdated CDBS application form references with those currently used in LMS); eliminating outdated and obsolete requirements (including post-incentive auction digital transition notification requirements; the rule requiring a 20% increase in AM station power for processing a power increase application, and the rule restricting Special Temporary Authorizations for technical and equipment problems to 90 days when other STAs can be granted for up to 180 days); modifying its application signatory rules to allow corporate directors and duly authorized employees of corporations, partnerships, unincorporated associations, or government entities to certify applications; and revising several broadcast rules for clarity (including clarifying when stations’ local public notice obligations are triggered for their applications).
  • The FCC released a Report and Order streamlining Disaster Information Reporting System (DIRS) filing obligations, which are voluntary for broadcasters.  While under FCC Chairwoman Rosenworcel, the FCC proposed requiring TV and radio stations to report their operating status during disasters in the FCC’s DIRS database (see our note here), the Order does not require broadcasters to file DIRS reports.  The FCC instead adopted a “one-click” filing option to reduce all DIRS participants’ filing burdens. 
  • The Media Bureau entered into a Consent Decree with the licensee of a Pennsylvania TV station to resolve questions raised by its pending license renewal application.  The issues centered on the station’s Online Public Inspection File (OPIF).  The Bureau found that 12 Quarterly Issues/Programs Lists, 14 Commercial Limits Certifications (certifying as to compliance with the limits on commercials in children’s programming), and 11 Children’s Television Programming Reports were missing from the station’s OPIF or were uploaded late, and these issues were not accurately disclosed in the renewal application.  The Consent Decree requires the licensee make a $41,000 voluntary contribution to the U.S. Treasury.
  • The Media Bureau affirmed its previous dismissal of an application for a new Connecticut LPFM station because it proposed an operation on 87.7 MHz, which is not in the FM band and is not listed in the rules among the channels available for LPFM operation.  87.7 MHz is instead part of TV Channel 6.  The applicant sought a waiver, pointing to the lack of other frequencies for LPFM use in its area, and the fact that other FM uses of this frequency and 87.9 had been authorized by the FCC.  The Bureau rejected the waiver concluding that the use of these channels by LPFM stations is more appropriately addressed in a rulemaking where policy issues and appropriate limits on such use can be evaluated, rather than by a waiver in connection with an individual application.

Several recent broadcast trade press articles summarized a Public Notice released this past week by the FCC’s Media Bureau.  The Notice deals with the processing of certain broadcast applications when a licensee has a pending “remedial” petition for declaratory ruling seeking to correct noncompliance with the Commission’s foreign ownership rules.  The articles suggest that the Public Notice would have wide impact, and that several pending applications would be held up by the FCC’s new processing policy.  In fact, this decision is limited in its application only to broadcasters who, through no fault of their own, find that they no longer comply with the foreign ownership limits set out in Section 310(b) of the Communications Act and ask in a “remedial petition” for what is essentially retroactive approval of the foreign ownership that exceeds the 25% limit imposed on aggregate foreign interests (voting or equity) in companies that control broadcast licensees. 

The Public Notice does not deal with companies who ask for permission to have foreign ownership in excess of 25% in advance of those owners acquiring their interests.  In cases where a controlling interest in the company is proposed to be held by foreign owners who have not previously been approved by the Commission, specific FCC approval is required for that acquisition to occur through a forward-looking petition for declaratory ruling.  That is not a “remedial petition.”  Similarly, the Public Notice has no impact on companies that filed Petitions seeking approval for future changes in ownership that would exceed the 25% ownership threshold but would not involve a change in control.  Where a company is seeking advance approval for a non-controlling foreign interest in excess of 25%, the processing of currently pending applications by the company should not be impacted. 

Continue Reading FCC Media Bureau Public Notice on Processing Applications When “Remedial” Foreign Ownership Petition Is Pending – What Is It All About?

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 announced that it will hold Auction 114, beginning on February 2, 2027, making available 132 channels on which new FM stations can be built.  This includes 33 construction permits that were offered but not sold in prior auctions.  The FCC’s Office of Economics and Analytics (OEA) released a Public Notice proposing procedures for the auction.  The OEA seeks comment on its proposed procedures including the auction timeline, minimum bid amounts, bidding eligibility, and default payments.  A list of the vacant FM allotments to be offered for sale in Auction 114 can be found here.  Comments and reply comments responding to the OEA’s Public Notice are due June 9 and June 24, respectively. For more on Auction 114, see our discussion on our Broadcast Law Blog here.
    • To allow Auction 114 to occur, the FCC’s Media Bureau also released a Public Notice announcing a filing freeze on applications proposing modifications to any of the vacant FM allotments included in the auction.  The Bureau states that the freeze, which began on May 11, will continue until the day after the post-Auction 114 long-form construction permit applications are due.
  • The FCC announced that comments and reply comments are due June 15 and June 29, respectively, responding to its Notice of Proposed Rulemaking proposing to amend the Audible Crawl Rule, which requires TV broadcasters to provide an audio description of visual, nontextual emergency information (radar maps or other graphics) displayed during non-newscast programming on a secondary audio stream (the SAP Channel).  The FCC proposes dropping the requirement if a station provides a textual crawl on screen with the same information as in the visual image and if audio of the text is aired on the SAP Channel (as already required for such textual alerts). 
  • State broadcast associations representing broadcasters in all 50 states plus those in DC and Puerto Rico issued a resolution asking that Congress reexamine the Sports Broadcasting Act of 1961 to determine if the antitrust exemptions provided to sports leagues to negotiate collectively for rights to telecast their games still made sense given the radical change in the television marketplace and the migration of many sports to streaming and other pay services.  The NAB applauded that call for Congressional review.  These actions appear to be related to the recent FCC proceeding to review sports broadcasting and its relationship to the FCC’s obligation to regulate broadcasting in the public interest (see our article here). 
  • FCC Commissioner Gomez sent a letter to Disney/ABC regarding the FCC’s recent investigations of the company for alleged violations of the FCC’s rules.  Gomez asserts that the investigations were politically motivated attempts to put pressure on Disney to dictate its programming choices, which violated the company’s First Amendment right citing, among other things, that the FCC pursued investigating Disney on alleged equal time issues while ignoring other broadcasters’ activities subject to the same rule because the FCC was seeking protecting speech that it favors while punishing speech it opposes.  Gomez also claims that the Media Bureau’s January Public Notice (see our discussion here), which changed the common interpretation of a fundamental principle of political broadcasting law for the last thirty years that the “news interview” exception from the equal time rules was to be interpreted broadly, was issued specifically to create new exposure for broadcasters that the FCC wanted to target. 
  • The FCC’s Office of Engineering and Technology and the Media Bureau announced the release of Version 2.3.1 of TVStudy, which broadcasters use to perform TV station coverage and interference analysis for allotment petitions and modification applications.  More information on the changes can be found here.
  • The FCC announced that comments are due July 13 in response to the following radio station community of license change proposals: WJZA(AM), from Hapeville, Georgia, to North Decatur, Georgia; WNJE(AM), from Trenton, New Jersey, to Jobstown, New Jersey; WKTQ(FM), from Oakland, Maryland, to Chalkhill, Pennsylvania; KDFM(FM), from Falfurrias, Texas, to Premont, Texas; WKBC-FM, from North Wilkesboro, North Carolina, to Stony Point, North Carolina; and WWZG(FM), from Tompkinsville, Kentucky, to Park City, Kentucky.
  • The FCC’s Enforcement Bureau issued Notices of Violation against four Texas and Illinois LPFM and FM translator stations after the Bureau’s inspection of their stations revealed FCC rule violations.  The Bureau found a Texas FM translator failed to rebroadcast its designated primary station and failed to file a modification application to change its antenna.  A Texas FM translator and a Texas LPFM station were cited for failing to notify the FCC that they were silent after their equipment was removed from their transmitter sites.  An Illinois LPFM station was found to be operating at a location not authorized by its license, as was its studio transmitter link.  The stations must now explain to the Bureau how they will correct their rule violations and prevent future violations from occurring and, based on their responses, it will consider whether these stations will be subject to penalties for their alleged violations. 
  • The FCC submitted its semi-annual report to Congress on U.S.-based foreign media outlets.  The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) requires U.S.-based foreign media outlets to register with the FCC.  These are entities that produce or distribute video programming transmitted, or intended for transmission, by multichannel video programming distributors in the United States and are agents of a foreign entity or government.  Under the NDAA, the FCC must update Congress every six months with a list of the U.S.-based foreign media outlets that registered with the FCC between October 12, 2025 and April 11, 2026.  As was the case with many past reports, the report stated that no foreign-based media outlets registered with the FCC.
  • The Media Bureau released an Order deleting vacant FM Channel 277C at Freeport, Texas from the FM Allotments Table because the allotment did not comply with the FCC’s minimum distance separation requirements.  The Bureau deleted the allotment after a staff engineering analysis determined that the vacant FM channel was short-spaced by 182 kilometers to vacant Channel 277C2 at Wharton, Texas, and there were no alternate channels available to resolve the short-spacing conflict.