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.

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 that, if adopted at its next regular monthly Open Meeting on December 18, would modify its rules governing Class A TV, LPTV, and TV translator stations. The draft Order, if adopted, will make several modifications to its rules including updating rules for displacement and channel sharing applications; 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 effective date of this new rule); requiring Class A and LPTV stations to use a call sign matching their service designation (“-LD” for LPTV and “-CD” for Class A) while grandfathering existing call signs; requiring that all LPTV stations broadcast a video programming signal to be considered as operational (test patterns and still pictures with unrelated audio are insufficient for a station to be considered operating); and establishing a formal process to change a station’s classification from LPTV to TV translator (or vice versa). 
  • The FCC’s Public Safety and Homeland Security Bureau released a Public Notice reminding broadcasters to ensure that they comply with cybersecurity best practices to prevent cyberattacks to their broadcasts.  The Notice was issued in response to recent cyberattacks against broadcasters that resulted in the airing of obscene materials and misuse of the EAS signal.  The Bureau states that the recent hacks were caused by compromised STL links accessed through improperly secured Barix equipment, giving the attackers control of the station’s audio and allowing the attackers to broadcast actual or simulated Attention Signals and EAS alert tones, obscene language, and other inappropriate material.  The Bureau urges all broadcasters, especially those using Barix equipment, to adopt network security practices including installing software security patches and making equipment firmware and software upgrades as soon as they become available; adopting robust passwords for accessing their devices; installing EAS, Barix, and other equipment connected to the broadcast signal behind network firewalls; and monitoring EAS equipment and software to detect and report unauthorized access.  Broadcasters can be sanctioned by the FCC if improper security systems allow actors to access their networks and broadcast obscene or other inappropriate material.  See our article here about prior FCC warnings about vulnerabilities in broadcast station transmission systems that could allow a takeover of a station’s programming. 
  • The FCC adopted a Direct Final Rule eliminating certain public safety and homeland security rules that it identified in the Delete, Delete, Delete proceeding as obsolete, outdated, or unnecessary.  The FCC repealed several rules pertaining to the Emergency Alert System that are no longer used in practice by the FCC or EAS participants, including broadcasters.  Some of the eliminated EAS rules include a rule describing nonbinding procedures for voluntary EAS participations, a rule describing nonbinding local area EAS plans that would otherwise exist as part of the state EAS plan, a rule specifying that entities may contact the FCC for guidance on EAS participation (which the FCC deemed not to need codification), and a rule authorizing broadcast stations to transmit EAS alerts using subcarriers (which the Commission said is not used in practice).  As we noted here, the direct final rule process allows the FCC to delete a rule without prior public comment, but allows for a 10 to 20-day comment period after the order’s publication in the Federal Register (in this case, 20 days).  If substantive negative comments are filed against the deletions, the FCC will implement regular notice and comment procedures before the deletions take effect.
  • The Media Bureau released its quarterly Broadcast Station Totals.  The release shows that, compared to the same release from a year ago, there are 57 fewer AM stations and 24 fewer commercial FM stations, but 353 more noncommercial FM stations.  There were also 11 more commercial UHF TV stations but 6 fewer commercial VHF TV stations; and 1 more noncommercial UHF TV stations and 4 more noncommercial VHF TV stations.
  • President Trump posted on Truth Social an article by Newsmax titled, “Newsmax CEO Ruddy: FCC Lifting TV Cap ‘Disaster’ for Conservatives.” The post stated, “If this would also allow the Radical Left Networks to ‘enlarge,’ I would not be happy. ABC & NBC, in particular, are a disaster – A VIRTUAL ARM OF THE DEMOCRAT PARTY. They should be viewed as an illegal campaign to the Radical Left. NO EXPANSION OF THE FAKE NEWS NETWORKS. If anything, make them smaller!”  Some worried that this indicated that the President was opposed to the FCC relaxing the 39% national television ownership cap as currently being considered (see our article here) – a relaxation necessary for the approval of the currently pending acquisition of TEGNA by Nexstar.  However, several commentators suggested that the President’s concerns were directed only at acquisitions by the television networks, not local television operators like Nexstar (see, e.g., articles here and here). 
  • The FCC’s Media Bureau denied an appeal filed by a New Jersey AM station of the Bureau’s decision to revoke its license under Section 312(g) of the Communications Act because the station was off the air for more than a year.  Section 312(g) provides that a station’s license is automatically cancelled if a station has been silent for 12 consecutive months, but the FCC may reinstate the license to “promote equity and fairness.”  The station argued that the expiration of its transmitter site lease, its inability to secure an alternate site, and disruptions caused by the COVID-19 pandemic justified the Bureau’s exercise of its discretion to reinstate the Station’s license.  The Bureau rejected the arguments, concluding that the station failed to demonstrate that its silence was the result of circumstances beyond its control – noting the FCC’s longstanding policy of declining to reinstate station licenses under Section 312(g) where the station failed to operate due to its licensee’s own action or inaction, finances, or business judgements. 
  • The Media Bureau released an Order dismissing a petition proposing the substitution of Channel 26 at West Point, Mississippi for Channel 16 to address potential interference issues caused by the proposed antenna sharing by petitioner’s TV station and another station.  The petitioner requested that its proposed substitution be withdrawn because its station no longer needed to modify its facilities to share an antenna with another TV station. 

On our Broadcast Law Blog, we posted our monthly look ahead at the regulatory dates and deadlines for broadcasters falling in December and early January.

Even with the holidays upon us, there are many regulatory dates for broadcasters in December and early January.  That is particularly true this year, now that the federal government shutdown has ended and the FCC is playing catch-up on regulatory deadlines.  As we discuss below and in more detail here, many of these revised dates for the submission of documents that would have been due during the shutdown will fall in the month of December. 

But before we dive into the December dates, one item that broadcasters can scratch off their calendars this month is the Biennial Ownership Report, which would have been due December 1.  In August, the FCC’s Media Bureau waived the filing requirement while the FCC considers whether to even continue the requirement for the filing of these reports (see our discussion here).  Broadcasters now have until June 1, 2027 to file the report 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 new station’s construction permit) are still required.  It is simply the Biennial Report required from all full-power broadcasters and from LPTV licensees that is on hold. 

Here are some of the upcoming dates and deadlines in December that you should be watching:

December 1 is the extended deadline for all full power and Class A television stations and full power AM and FM radio stations, both commercial and noncommercial, to upload their Quarterly Issues/Program lists for the third quarter of 2025 to their Online Public Inspection Files (OPIFs).  These lists were originally due October 10 but could not be filed by stations due to the government shutdown.  The lists should identify the issues of importance to the station’s service area and the programs that the station aired between July 1 and September 30, 2025, that addressed those issues.  These lists must be timely uploaded to your station’s OPIF, as the untimely uploads of these documents probably have resulted in more fines in the last decade than for any other FCC rule violation.  As you finalize your lists, do so carefully and accurately, as they are the only official records of how your station is serving the public and addressing the needs and interests of its community.  See our article here for more on the importance that the FCC has, in the past, placed on the Quarterly Issues/Programs list obligation.

Continue Reading December 2025 Regulatory Dates for Broadcasters – Post-Shutdown Deadlines, 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 FCC and the FCC’s Media Bureau released several Public Notices (here, here, here, and here) announcing revised filing and regulatory deadlines following its reopening after the end of the federal government shutdown.  As we noted last week here, the FCC initially released a Public Notice announcing extensions for filings due during the shutdown, generally through November 18, in anticipation of the large influx of filings that the FCC expected after reopening, but stated that additional guidance on possible further extensions would be provided.  As FCC databases for the most part did not come back online until November 18, this past week’s notices further extended many deadlines, including for station uploads to their Online Public Inspection Files and political files, Special Temporary Authority expirations, and construction permit expirations, as well as the dates for filing applications for LPTV/Translator major changes.  On our Broadcast Law Blog, we took a detailed look at these revised filing and regulatory deadlines. 
  • The Media Bureau announced that comments and reply comments are due December 17 and January 16, respectively, in response to its Notice of Proposed Rulemaking seeking public comment on its 2022 Quadrennial Review of its media ownership rules.  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.  The NPRM seeks comment on whether the FCC should repeal or modify the Local Radio Ownership Rule (which limits the number of radio stations one entity may own, in the largest markets, to at most 8), the Local Television Ownership Rule (limiting an entity to owning two TV stations in a DMA), and the Dual Network Rule (prohibiting TV stations from affiliating with an entity owning two or more networks – effectively barring mergers among the “Big Four” broadcast networks: ABC, NBC, CBS, and Fox).  We looked at some of the questions in the 2022 Quadrennial Review, including an in-depth look at some of the issues facing the radio industry, in an article on our Broadcast Law Blog here. 
  • The Media Bureau released a Public Notice seeking comment on the current relationship between national TV broadcast networks and affiliated local TV stations – a review which the Bureau states the FCC has not undertaken in over 15 years.  The Bureau seeks to identify barriers that may be imposed by the network-affiliate relationship that prevent local TV stations from meeting their public interest obligations and responding to the needs of their local communities.  Specifically, the Bureau seeks comment on issues including the current status of the relationship between national programmers and local TV affiliates, whether their relative bargaining positions have changed in recent years, whether network affiliation agreements impede local affiliates’ ability to maintain control over station programming, and whether national programmers are punishing local affiliates for exercising their right to preempt network programming.  The Bureau also asks whether the FCC should initiate a rulemaking proceeding to update its rules to address network practices and, if so, what practices should be prohibited.  Comments and reply comments are due December 10 and December 24, respectively.
  • The Media Bureau announced that comments and reply comments are due January 20 and February 18, respectively, in response to the FCC’s Fifth NPRM on ATSC 3.0, proposing changes to its rules to provide TV stations with additional flexibility during the transition to the new transmission standard.  The FCC asked if it should allow stations to determine when to stop broadcasting in ATSC 1.0 or to require continued simulcasting in both standards but with fewer restrictions on the currently required duplication of their ATSC 1.0 and 3.0 signals.  The FCC also seeks comments on issues including the use of encryption and digital rights management, requirements for multichannel video programming distributors like cable and satellite TV to support ATSC 3.0 signals, requirements for manufacturers to include ATSC 3.0 tuners in new TVs, and the sunset of ATSC 1.0 service.
  • The FCC released an NPRM proposing to auction a portion the Upper C-Band (3.7-4.2 GHz).  We stated in our note of the draft NPRM’s release (here) that the proposal to auction Upper C-Band spectrum is 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 users of the spectrum, the NPRM 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).
    • Also, the FCC’s Space Bureau released a Public Notice containing an updated list of earth stations operating in the Upper C-Band (4.0-4.2 GHz), which would likely define those who are incumbent earth stations.  This corrects a list issued in September (see our note here) which improperly omitted many incumbent earth stations, including many used by broadcasters.  The updated list, including many used by broadcasters that previously had been omitted, can be found here.  The Bureau reminds these “incumbent” users of the C-Band to update registrations if changes are made, and to notify the FCC if these earth stations are no longer actively used.
  • Nexstar and TEGNA announced that they had filed applications with the FCC to transfer control of TEGNA to Nexstar.  TEGNA currently owns 64 TV stations, one AM radio station, one FM radio station, and related auxiliary licenses.  TEGNA and Nexstar state that the proposed transaction would result in Nexstar controlling more than two TV stations in 23 Nielsen Designated Market Areas (DMAs), and would result in Nexstar holding interests in stations with a national audience reach of 54.5%.  The FCC’s rules currently limit local TV station ownership to two stations per market and generally prohibit broadcasters from having interests in stations with a national audience reach exceeding 39%.  While the parties note that there are proceedings underway that may change these ownership limitations, they request waivers of the FCC rules as necessary to accommodate the proposed transaction.  Additionally, although the U.S. Court of Appeals for the Eighth Circuit vacated and remanded the FCC’s decision in the 2018 Quadrennial Review Order to retain the Top-4 Prohibition (effectively doing away with the prohibition on broadcasters owning two of the top-4 affiliated TV stations in a DMA, see our note here), the parties also request a waiver of that requirement to the extent required.
  • FCC Chairman Carr sent PBS and NPR a letter demanding to know whether they aired the 12-second video clip of a 2021 speech by President Trump just before the January 6 storming of the Capitol as edited by the BBC to put two lines from different parts of the speech back to back in a manner that Trump has claimed is deceptive and over which he threatened to sue the BBC.  Carr suggests it would be “news distortion” if PBS and NPR aired the BBC programming and requests that they provide transcripts and video of any such broadcasts. 
  • Chairman Carr also responded to letters from members of Congress on several broadcast-related issues:
    • Several members of Congress sent letters to Chairman Carr (see here, here, here, and here) regarding Carr’s apparent suggestion in a podcast interview that the FCC could penalize ABC/Disney if the company failed to discipline late-night host Jimmy Kimmel over comments he made on Charlie Kirk’s assassination (see our notes here and here).  Carr responded (see here, here, here, and here) that Democrats incorrectly claimed that the FCC threatened to revoke ABC/Disney’s broadcast licenses if it did not fire Kimmel.  Carr stressed that the FCC has an important role to play in ensuring that local broadcast stations operate in the public interest, including by being able to preempt national network programming that they deem to be inconsistent with their local viewers’ values.
    • Congressman Ellzey (R-TX) and Congresswoman Hoyle (D-OR) sent a letter to Chairman Carr recommending that the FCC adopt a new Emergency Alert System (EAS) code for Missing and Murdered Indigenous Women and People (MMIWP), arguing that the existing Missing and Endangered Persons (MEP) code does not appropriately address the disproportionate rates at which American Indians and Alaska Natives go missing.  Carr responded that the FCC did not adopt a separate MMIWP code because the MEP code was designed to cover MMIWP, and many tribes and tribal organizations were consulted in the process.
    • Senator Rounds (R-SD) and Congressman Johnson (R-SD) sent a letter to Chairman Carr inquiring why northern Union County, South Dakota was designed as part of the Sioux City, IA DMA instead of the Sioux Falls, SD DMA, to which they claimed that viewers in northern Union County have stronger ties.  Carr responded stating that the FCC cannot change the DMA map, which was created by Nielsen based on audience surveys.  Carr, however, stated that a broadcaster, cable operator, or satellite provider (or the county government in the case of a satellite market modification petition) can petition the FCC to modify the communities in a TV station’s market for cable and satellite TV carriage purposes – which could allow in-state stations in Sioux Falls to be carried in Union County with the consent of the station.
  • The FCC’s Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting against a Williamsburg, Virginia landowner for allegedly allowing a pirate to broadcast from its property.  The Bureau warned the landowner that the FCC could issue a fine of up to $2,453,218 under the PIRATE Radio Act if the landowner continues to permit pirate radio broadcasts from its property.
  • The Enforcement Bureau also issued a Notice of Violation against a California FM translator station after a field agent observed that the translator was emitting signal on frequencies removed from its licensed frequency at levels not permitted by the FCC’s technical rules.  The translator’s licensee must explain to the Bureau its corrective actions and how it will prevent future violations from occurring.