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.

  • Although the federal government shutdown continues for its fourth week, the FCC announced that it still intends to hold its regular monthly Open Meeting on October 28.  As we noted here, the FCC released three drafts of Notices of Proposed Rulemaking affecting broadcasters earlier this month (one on ATSC 3.0 and two relevant to earth station operations) which it intends to vote on at the next Open Meeting.  Despite the shutdown, there was some lobbying activity this week at the FCC on these items – particularly relevant to broadcasters was the advocacy on the ATSC 3.0 item:
    • On the draft Fifth Further NPRM proposing changes to its rules governing TV stations transitioning to the ATSC 3.0 standard, Public Knowledge, a public interest group, expressed its concerns over the National Association of Broadcasters’ encryption proposals for ATSC 3.0 (NextGen TV) (see its comments here and here), arguing that NAB’s proposals would render broadcasting a closed form of media by allowing private companies to control the certification of reception devices and encryption of programming, which threatens to limit the manufacturers of devices and functions that will be available to consumers.  CTA, representing the consumer technology industry, expressed their concerns regarding NAB’s proposal to mandate ATSC 3.0 tuners in consumer devices.
  • In two interviews this week, FCC Chairman Carr made comments on the FCC’s regulation of broadcasters:
    • On the Hugh Hewitt Show, Carr discussed how the FCC could regulate broadcasters’ public interest obligations.  Carr suggested that the FCC could auction off broadcasters’ spectrum allowing those who do not want to comply with public interest obligations to buy it.  Carr also characterized the Jimmy Kimmel matter as “news distortion.”  As we discussed here and here, ABC/Disney suspended, and then later reinstated, Kimmel’s late-night show following FCC Chairman Carr’s apparent suggestion in a podcast interview that the FCC could penalize ABC/Disney if the company failed to discipline Kimmel over comments he made on Charlie Kirk’s assassination. 
    • On the Media Research Center’s NewsBusters podcast, Carr stated that the FCC was reinvigorating the public interest standard, and broadcasters could no longer follow narrow partisan narratives as FCC license holders.  Carr also stated that he was open to the idea that broadcasters could lose their licenses for not operating in the public interest but recognized that the process for revoking a license was not a quick one.  Carr again suggested that broadcasters might be able to “buy their way out” of the public interest standard by the FCC auctioning off their broadcast spectrum.  On the issue of network affiliation agreements, Carr stated that national programmers exert too much control over local broadcasters, and the FCC was considering strengthening local TV stations’ preemption rights in the wake of the Jimmy Kimmel matter.  On the issue of regulating AI-generated content in political advertising, Carr stated that the FCC’s authority to do so was very limited, and the issue would be better addressed by the FEC or Congress.

We would normally provide you with 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.  But, as the government shutdown has drastically limited activity at the FCC, and as Congress did not produce significant news this week while focused on the shutdown and other activity, we thought that we should provide some reminders on specific regulatory activity that is curtailed by the shutdown and about some of the issues that may arise once it is resolved.

The federal government shutdown entered its third week without any indication from Congress that it would end soon.  As we discussed on our Broadcast Law Blog here, before the shutdown began, the FCC released a Public Notice stating that it would “suspend most operations” during the shutdown, and explaining how dates and deadlines would shift due to the shutdown.  Some specific deadlines affected by the shutdown, and issues that have been raised about the transition back to normal operations once the shutdown ends, are set out below:

  • Most broadcast filing deadlines occurring during the shutdown (including EEO Public File Reports that were due October 1 and Quarterly Issues/Programs Lists due October 10) are now due the next business day after the FCC resumes normal operations. 
  • Comment deadlines in FCC rulemaking proceedings (including the October 10 reply comment deadline for the FCC’s Notice of Proposed Rulemaking reexamining the Emergency Alert System) are also due the next business day after the FCC resumes normal operations. 
  • Responses to targeted enforcement actions are still to be submitted on time, but the extent of what is meant by a “targeted” enforcement action is unclear.  October 17 was the deadline for the 300 radio and TV stations identified in the FCC Enforcement Bureau’s 2025 EEO audit notice (see our note here) to upload their responses to their Online Public Inspection Files (OPIFs).  But stations subject to the audit cannot currently upload their responses as the OPIF system is unavailable during the shutdown.  The Enforcement Bureau has not issued any formal clarification as to whether these audits are considered “targeted” and, if so, how stations are supposed to file their responses with the OPIF being down, though responses to the new DEI questions, as we noted here, can now be submitted by email rather than uploaded to the OPIF to protect confidential information. 
  • Similarly, the FCC has not explained if and how dates in the FCC’s major change filing window and associated filing freezes on Class A, LPTV, and TV translator stations will be rescheduled after the FCC reopens (as discussed here, these include the filing freeze on minor change applications and LPTV and TV translator displacement applications which was supposed to begin on October 15, and the major change filing window which is supposed to begin on October 22 – assuming the shutdown hasn’t ended by then).  There is also no announcement as to whether delays in the major change window will affect the opening of the window for seeking new LPTV and TV translator stations that is now scheduled to open in January – the first opportunity to file for new LPTV and TV translator stations in over 15 years. 
  • Comment deadlines in several FCC rulemaking proceedings that began just before the shutdown have not been set as the notices of proposed rulemaking have not been published in the Federal Register, as the Federal Register is also affected by the shutdown.  The delays affect proceedings including the rulemaking to address the local radio and TV ownership rules where the FCC seeks to determine if it should relax those rules (see our article here – comments are to be filed 30 days after the Notice of Proposed Rulemaking is published in the Federal Register).
  • The FCC appears ready to have its regular monthly open meeting on October 28 which, as we noted here, is supposed to address issues of importance to broadcasters, including the ATSC 3.0 transition and earth station licensing issues.  Details of how that meeting will be held physically when the government is supposed to be shutdown have not yet been released.  While Commissioners have been taking meetings despite the shutdown on the issues to be considered at the meeting, it is unclear if all staff involved in these issues are also available for meetings.  Notices of Proposed Rulemaking adopted at the October 28 meeting will also likely have delayed comment periods should the shutdown extend that long. 
  • Routine applications for the assignment or transfer of broadcast stations cannot be filed during the shutdown, so the 30-day public comment period on “long-form” sales (ones that affect actual control of stations rather than simply being changes in the form in which that control is held) cannot begin to run on any of these deals.  There have been several prominent deals announced but not filed due to the shutdown, and there are likely many others that have been reached but not announced publicly.  It is also unclear how the shutdown will affect comments on applications already on file, as those applications have not been available for review by the public during the shutdown because of the unavailability of the FCC’s online application files. 
  • When the FCC’s systems are not available, broadcasters are supposed to maintain their political file in an alternative format so that it can be viewed by interested parties.  The political file is the only portion of the public file where such alternatives must be maintained.  So, while broadcasters should be maintaining their political files, the public must make special arrangements to see those documents.  These documents are all supposed to be uploaded to the online public file on the day after the day that the FCC reopens – though, if the shutdown persists, that upload may end up being after much of the voting in hotly contested political races in early November in Virginia, New Jersey, and New York City, and on a redistricting ballot issue in California. 
  • Many questions are being raised as to whether the filing deadline on the day after the day the FCC reopens for all documents due during the shutdown is realistic given that, whenever there is a heavy volume of documents that are due to be uploaded to FCC document processing systems, the FCC’s systems tend to run slow or crash.  Already there are many deadlines that have passed where documents were not able to be uploaded, and the longer the shutdown runs, the greater the accumulation of documents that will be due immediately after the reopening.  Will the FCC’s systems be able to handle the extraordinary volume of filings that will be due on that day after the day that the FCC reopens?

These and other issues will need to be addressed by the FCC following the end of the shutdown.  Broadcasters should consult with their legal counsel on how to approach these issues and others that we may not have mentioned.  In addition, they should be on alert for any guidance that may come from the FCC. 

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 three drafts of Notices of Proposed Rulemaking (one on ATSC 3.0 and two relevant to earth station operations) which, despite the federal government shutdown, it intends to vote on at its regular monthly Open Meeting on October 28:
    • The FCC released a draft Fifth Further NPRM proposing changes to its rules governing TV stations transitioning to the ATSC 3.0 standard.  The Notice says that it is intended to remove regulatory barriers to provide TV stations with additional flexibility during the ATSC 3.0 transition, including by allowing stations to determine when to stop broadcasting in ATSC 1.0 or to continue simulcasting in both standards with fewer restrictions on their ATSC 1.0 signal.  The FCC also seeks comment on issues including the use of encryption or digital rights management, potential requirements for new TV and multichannel video programming distributors to support ATSC 3.0 signals, the sunset of ATSC 1.0 service, and other matters related to the ATSC 3.0 transition.
    • The FCC released a draft NPRM proposing to modernize the regulatory framework for space and earth station licenses.  The FCC is proposing sweeping changes to its existing regulatory framework, including expedited licensing procedures, streamlined application requirements and 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 and a simplified approach to earth station authorizations generally. 
    • The FCC released a draft 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.  The FCC proposes permitting more intensive use of the UMFUS bands through means such as spectrum sharing agreements among band users and reducing burdens on the earth station application process by eliminating required showings.  The FCC also seeks comment on how the UMFUS bands can be more intensively used, and whether the NPRM’s proposals will lead to greater earth station deployment or will instead negatively impact current operations. 
  • The FCC appealed an April decision of the U.S. Court of Appeals for the Fifth Circuit, which raised significant questions about the FCC’s ability to fine regulated entities for FCC rule violations.  As we noted here, the Fifth Circuit overturned a $57 million FCC-imposed fine on AT&T for not adequately protecting the location data of some of its mobile phone users, finding that the imposition of the fine violated the company’s 7th Amendment right to a jury trial.  Following the Fifth Circuit’s decision, the U.S. Courts of Appeals for the D.C. Circuit and Second Circuit issued separate decisions upholding FCC fines imposed on T-Mobile and Verizon for similar violations, creating a “circuit split” which often provides grounds for the Supreme Court to decide to hear an appeal.  The FCC asks the Supreme Court to determine whether the FCC’s authority to issue fines under the Communications Act is consistent with the Seventh Amendment and Article III of the U.S. Constitution.
  • The Senate Commerce Committee held a hearing titled “Shut Your App: How Uncle Sam Jawboned Big Tech Into Silencing Americans.”  The hearing examined how government agencies have used tactics to pressure Big Tech into censoring speech protected by the First Amendment, a practice known as “jawboning.”  The hearing was largely a discussion by Republican members about the deplatforming by online platforms of what the platforms viewed as misinformation, and by Democratic members about FCC Chairman Carr’s recent threat against ABC and its affiliates concerning Jimmy Kimmel’s monologue (see our notes here and here).  A video of the hearing, including the witnesses’ written testimonies, can be found here.
  • The California legislature passed a law prohibiting loud commercials on video streaming services.  The law mandates that commercial volume levels on video streaming platforms be at the same levels as the movies or TV shows being streamed.  The law will go into effect next July.  It requires streaming platforms to comply with the FCC’s rules issued under the Commercial Advertisement Loudness Mitigation of 2010 (CALM Act), which currently apply only to broadcast and cable television.  The California law does not include any unique enforcement mechanisms, nor does it create any private right of action for viewers harmed by loud commercials on streaming platforms.  As we noted here, earlier this year, the FCC adopted a still pending NPRM seeking comment on updating the FCC’s CALM Act rules, including asking whether the FCC has authority to regulate streaming providers.  Former FCC Commissioner Starks issued a statement at that time about his concerns over the FCC’s authority to regulate these Internet platforms.

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 Public Notice announcing that, effective 12:01 AM on October 1, the agency will “suspend most operations” in the event of a government shutdown, which has since occurred.  During the shutdown, many FCC databases, including those relevant to broadcasters (such as the EAS Test Reporting System (ETRS), the Licensing Management System (LMS), the International Communications Filing System (ICFS), and the Universal Licensing System (ULS)) as well as stations’ Online Public Inspection Files, are unavailable, while other FCC databases (such as the Commission Online Registration System (CORES), the Antenna Structure Registration System (ASR), the Electronic Comment Filing System (ECFS), and the Electronic Document Management System (EDOCS)), will remain available.  Most broadcast filing deadlines occurring during the shutdown (including EEO Public File Reports due October 1 and Quarterly Issues/Programs Lits due October 10, if the shutdown hasn’t ended by then) will now be due the next business day after the FCC resumes normal operations.  In an article on our Broadcast Law Blog, we provided more details about the functioning of the FCC during the shutdown, and urged broadcasters to discuss with their counsel how the shutdown may affect particular dates relevant to their operations. 
  • Before the shutdown began, the FCC and its Bureaus took the following actions:
    • Following its adoption at its September Open Meeting, the FCC released the final text of its Notice of Proposed Rulemaking initiating 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 to at most 8 in the largest markets the number of radio stations an entity may own), the Local Television Ownership Rule (an entity may own up to two TV stations in a DMA), and the Dual Network Rule (prohibits 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).  Comments and reply comments are due 30 and 60 days, respectively, after the NPRM’s publication in the Federal Register.  In September, when the draft of this NPRM was released, we wrote more about the issues in this Quadrennial Review on our Blog, here.
    • The Office of Managing Director (OMD) released an Order dismissing or denying several FY2020 regulatory fee waiver, reduction, and/or deferral requests, most of which requested relief based on grounds related to the financial hardship that would result from the payment of the fees.  In most cases, the requests were denied as the licensees had not provided adequate documentation of their inability to pay the fees.  The OMD also issued a Public Notice announcing that it would group into a single order its decisions on routine requests for waiver, reduction, and/or deferral of regulatory or application fees, and petitions for reconsideration of prior OMD decisions, instead of issuing separate decisions for each request as it had done in the past, although unique requests will still be acted on in separately issued decisions.  The Public Notice included a list of FY2020 requests that the OMD granted or dismissed.  If you are waiting on the OMD to address your request for waiver, reduction, and/or deferral of regulatory fees or application fees, or on a petition for reconsideration of a prior OMD decision, be sure to review these periodic public notices to see if the OMD has acted.
    • The Media Bureau released a Notice of Proposed Rulemaking proposing the substitution of the FM channel or class for the following 5 existing vacant FM allotments, replacing: Channel 221A at Hamilton, Alabama with Channel 277A; Channel 261B at Coalinga, California with Channel 261B1; Channel 291A at Rocksprings, Texas with Channel 289A; Channel 221A at Silverton, Texas with Channel 261A; and Channel 260C2 at Spur, Texas with Channel 281C2.  The Bureau determined that the existing vacant allotments do not comply with the FCC’s minimum distance separation requirements or otherwise do not comply with the FCC’s technical rules.  The Bureau stated that the proposed amendments would resolve the existing spacing conflicts and technical issues.  Comments and reply comments responding to the NPRM are due November 21 and December 8, respectively. 
    • The Enforcement Bureau issued a Notice of Violation against a West Virginia FM station after an inspection revealed that the station was not operating in compliance with the FCC’s rules governing FM transmission systems because emissions beyond the allowed limits were being created on frequencies more than 600 kHz removed from the station’s authorized main carrier frequency.  The station must explain to the Bureau how it will correct the rule violations and prevent future violations from occurring. After reviewing the information it receives, the Bureau will determine if a penalty or further action is warranted. 

On our Broadcast Law Blog, we took a look at the upcoming regulatory dates affecting broadcasters this October, which may shift (or already have shifted) depending on when the federal government shutdown ends.

With the federal government shutdown now in its third day, having started on October 1, 2025, after Congress failed to fund the government for the coming year or to pass a “continuing resolution” to allow government agencies to function at their current levels, we thought that we should summarize the FCC’s guidance as to what is and what is not functional at the FCC during this period. In anticipation of a shutdown, on September 30, 2025, the FCC released a Public Notice announcing that it will “suspend most operations” in the event of a shutdown and providing some specifics as to what would and would not be operating during the shutdown.  A summary of the FCC’s guidance is set out below.  But it is important to note that much of this guidance is general, and how specific cases will be dealt with when the government reopens may be addressed in subsequent FCC notices – likely to be issued when the government reopens.  This is especially true if the shutdown is prolonged. 

On many specific issues, we suggest discussions with your own communications counsel to discuss what may happen when the government reopens.  While, as noted below, the FCC’s general rule will be that most deadlines that were to be met during the shutdown will be extended to the day after the day of the government’s reopening, there are exceptions.  For instance, targeted Enforcement Actions are still to be submitted on time.  There is no indication in the FCC’s Public Notice as to how responses to the open EEO audit will be dealt with.  Because the FCC-administered Online Public File database is offline, the general requirement to upload a station’s EEO audit response to the public file is impossible to meet.  But what about responses to the new DEI questions which, as we noted here, can now be submitted by email rather than uploaded to the public file?  There is no specific guidance in the Public Notice.  Similarly, the FCC’s major change window (which we wrote about here) may be suspended until after the shutdown as LMS is unavailable during the shutdown.  The same with Quarterly Issues/Programs lists as the online public file system is not functioning.  But will the FCC’s systems be able to handle a crush of filings due the first business day after the day that the government reopens?  These are all questions that broadcasters should consider with their counsel. 

Continue Reading The Government Shutdown and Issues it Raises for Broadcasters

October is, on paper, a busy month of regulatory deadlines for broadcasters.  As set forth below, the month includes the requirement for almost all broadcasters to complete and upload to their public file their Quarterly Issues/Programs Lists, as well as the date for broadcasters to submit to the FCC their ETRS Form One reporting basic information about their EAS equipment.  There are also routine EEO annual deadlines for stations in several states, and the response deadline for the 300 stations subject to the FCC’s first EEO audit under the new administration – which included new questions about stations’ DEI practices.  A “major change” filing window for LPTV stations and TV translators is also scheduled to open this month.  But these and other deadlines could be affected by the looming federal government shutdown beginning October 1 if Congress fails to fund the government for the coming year (or pass a “continuing resolution” to allow government agencies to function at their current levels).  If a shutdown does occur, the FCC, the FTC, the Copyright Office and other federal agencies may have to pause their operations, which may result in some of the regulatory deadlines discussed below for the FCC being delayed.  Note that, in some cases, agencies have some funds set aside that allow them to keep functioning for a few extra days, which has been the case for the FCC during several of the last government shutdowns, but that is not assured.  Because of the potential of this extended operation even if there is a shutdown, do not assume that regulatory deadlines set forth below will be postponed by a funding impasse. 

In the past, when there has been a pause in government operations and after any residual funds to keep the agency operating have been expended, agencies like the FCC ceased the processing of routine applications and paused all other routine work, staying open only to the extent necessary to deal with emergencies and other vital activity.  In at least one shutdown, the FCC even limited access to its website and online systems. In the past, FCC filings have been suspended, with additional time being provided after the government reopens to make filings that were due during the shutdown.  But details are different in each shutdown.  If Congress cannot resolve the funding issues by October 1, we would expect that the FCC and other agencies important to broadcasters to issue public notices about specific policies to be applied after funding runs out.  Stay tuned to see if any of the dates below have to be rescheduled.

October 1 is the deadline for radio and TV station employment units in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, Missouri, Northern Mariana Islands, Oregon, Puerto Rico, U.S. Virgin Islands, and Washington with five or more full-time employees to upload their Annual EEO Public File Report to their stations’ Online Public Inspection Files.  A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area having 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 recent $26,000 fine for a single late EEO report).

Continue Reading October 2025 Regulatory Updates for Broadcasters – Possible Government Shutdown, Quarterly Issues/Programs Lists, EEO Public File Reports, EEO Audit Responses, ETRS Filing Deadline, LPTV/TV Translator Filing 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.

  • Congress has thus far failed to pass any legislation to provide funding for government operations after the September 30 end of the fiscal year.  If no legislation or “continuing resolution” that continues current funding levels is passed by Tuesday’s deadline, many government functions may be shut down or disrupted in October.  In the past, the FCC has been able to remain open for a limited time after a government shutdown using some residual funds, but it is at this point unclear if that will be the case this time – or, even if the FCC can remain in operation, how long that operation can be sustained.  Watch for more information in the coming days and be aware that the filing and processing of routine FCC applications could cease if there is a shutdown and the FCC’s funding is disrupted. 
  • ABC/Disney reinstated Jimmy Kimmel’s late-night show after it was suspended last week following FCC Chairman Carr’s apparent suggestion in a podcast interview that the FCC could penalize ABC/Disney if the company failed to discipline Kimmel over comments he made on Charlie Kirk’s assassination (actions we noted here).  After the reinstatement, FCC Commissioner Gomez commended the company for finding “its courage in the face of clear government intimidation,” and vowed to “ensure local broadcasters have the independence to stand up to government threats.”  Chairman Carr, on the other hand, denied that he had threatened ABC’s broadcast licenses, but stated that the FCC has a “unique role” in enforcing broadcasters’ public interest obligations.  Carr also restated his belief that the national broadcast networks exert too much power and control over local TV stations.  Nexstar and Sinclair, the two ABC affiliates that pulled Kimmel’s show last week and did not immediately reinstate it, began airing the program again on Friday, with Sinclair stating that, it was satisfied with its discussions with ABC about Sinclair’s proposals that the network adopt measures to strengthen accountability, viewer feedback, and community dialogue, including a network-wide independent ombudsman; and Nexstar attributing its actions to its obligation “to be stewards of the public airwaves and to protect and reflect the specific sensibilities of our communities.”  It stated that its actions were not the result of government action, and that it “remains committed to protecting the First Amendment while producing and airing local and national news that is fact-based and unbiased.”
  • The FCC’s Space Bureau announced that September 26 was the effective date of the FCC’s new streamlined application procedures for adding a point of communication to an earth station license.  The FCC made this change in its August Second Report and Order along with other rule changes made to streamline and expedite earth station application processing.  The FCC noted that the new procedures for adding a point of communication to an earth station license applied to both new and currently pending earth station applications, and applicants with pending applications may utilize these streamlined procedures by notifying FCC staff that they want to do so. 
  • The FCC’s Media Bureau released an updated application filing fee guide for applications filed with the Bureau, including by broadcasters.  The guide reflects the updated filing fees that are currently in effect and were adopted by the FCC earlier this year to reflect changes in the Consumer Price Index (see our discussion here).
  • The FCC’s Media Bureau announced pleading deadlines on the applications proposing Gray Media’s acquisition of TV stations from Sagamore Hill Broadcasting, Block Communications, and Allen Media.  The applications would create Top-4 station combinations in in the following DMAs: Lubbock, TX; Columbus, GA; Louisville, KY; Huntsville-Decatur (Florence), AL; Paducah-Cape Girardeau-Harrisburg, MO-IL; Evansville, IN; Fort Wayne, IN; Montgomery, AL; Lafayette, LA; and Rockford, IL.  The Bureau noted that although Gray’s proposed acquisitions violate the Top-4 Prohibition (the prohibition on broadcasters owning two or more of a DMA’s Top-4 affiliated TV stations), the U.S. Court of Appeals for the Eighth Circuit vacated that rule in July (see our Broadcast Law Blog article on the Court’s decision here), which is anticipated to take effect on October 21.  Gray requests a grant of these combinations on a case-by-case basis or by waiver if for any reason the Eighth Circuit’s decision does not become effective as anticipated.
  • The FCC announced that comments and reply comments are due October 22 and November 6, respectively, responding to the FCC Media Bureau’s Notice of Proposed Rulemaking seeking comments on a petitioner TV station’s proposed substitution of Channel 33 for Channel 8 at Hutchinson, Kansas due to a long history of VHF reception issues among petitioner’s viewers.

Watch for a post early in the week highlighting October regulatory dates and deadlines for broadcasters (assuming that those dates are not affected by the possible federal government shutdown mentioned above).

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

  • FCC Chairman Carr suggested 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 and urged ABC affiliates to preempt Kimmel’s show.  Following Carr’s interview and announcements from two major ABC affiliates that they were no longer airing Kimmel’s show on their stations, ABC/Disney suspended Kimmel’s show indefinitely.  FCC Commissioner Gomez released a statement on the matter stating that the First Amendment prohibits the FCC from revoking broadcast licenses or otherwise punishing broadcasters for speech that the government dislikes, and that threatening license revocations “poses an existential risk to a broadcaster, which by definition cannot exist without its license.”  During her remarks at the Free State Foundation, FCC Commissioner Trusty stated that the ABC affiliates’ preemption of Kimmel’s show was a “business decision” and that the FCC must ensure that broadcasters comply with their public interest obligations – which it evaluates on a case-by-case basis.  Democratic politicians (see here and here) called for Carr’s resignation, stating that his comments were a threat to broadcasters’ First Amendment rights.  Senator Schumer (D-NY) also stated that Trump’s suggestion that the FCC should consider revoking broadcasters’ licenses for negative coverage of him was a threat to democracy.  Even Ted Cruz (R-TX) reportedly said that the FCC’s implied threats against broadcast licenses were “dangerous as hell.”  President Trump, on the other hand, praised the Chairman’s actions.  Chairman Carr posted on X that the he was glad to see affiliates pushing back on their national networks by preempting this programming in response to the values of the communities that they serve.
    • On another podcast, Chairman Carr said that he wondered whether the talk program The View should be considered a bona fide news interview program exempt from equal time requirements during pre-election periods.  In recent years, the FCC has taken an expansive view of the exceptions to the equal time rule– see our Broadcast Law Blog article here about the issues that arise in interpreting these exemptions. 
  • U.S. Department of Health and Human Services Secretary Robert F Kennedy, Jr. tweeted that “the wheels are in motion to require every broadcast prescription drug ad to display its full safety facts on-screen.”  As we noted last week here, the Food and Drug Administration announced a rulemaking proceeding proposing stricter adherence to the requirement that all “critical safety facts” be disclosed in advertising.  If adopted, this may significantly reduce broadcast advertising as disclosures could be lengthy and difficult to fit into typical commercial spots.
  • The FCC’s Enforcement Bureau issued a Notice of Violation against a Wisconsin tower owner after multiple inspections revealed that the tower’s lighting had been extinguished and that its paint was severely faded and flaking.  The Bureau also stated that the tower owner failed to promptly repair or dismantle the tower (as the owner’s previously indicated that it would do in prior inspections).  The tower owner must now explain to the Bureau how it will correct the rule violations and prevent future violations from occurring.
  • 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 should receive a degree of interference protection from new C-band users.  The list of incumbent C-band earth stations, including those used by broadcasters, can be found here. The Public Notice 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. 
  • The FCC’s Media Bureau took three actions regarding changes to the FM and TV Tables of Allotments:
    • The Bureau granted the substitution of Channel 24 for Channel 4 at Jacksonville, Oregon, finding that the substitution was in the public interest due to the inferior quality of reception of digital VHF signals, especially indoors. 
    • The Bureau released a Notice of Proposed Rulemaking seeking comments on a petitioner TV station’s proposed substitution of Channel 33 for Channel 8 at Hutchinson, Kansas due to a long history of VHF reception issues among petitioner’s viewers. 
    • The Bureau granted a broadcaster’s petition for reconsideration of the Bureau’s designation of Channel 285A at Adamsville, Texas as a vacant FM allotment, instead listing the vacant allotment as Channel 235A at Richland Springs.  A construction permit was originally granted on Channel 235A at Richland Springs but, after a series of modifications, the permittee requested, and the Bureau granted, a minor modification of the permit to specify the use of Channel 285A at Adamsville, Texas.  The station was never built, and the permit was cancelled.   The Bureau determined that the community change to Adamsville should never have been granted as that proposal was not mutually exclusive with the original allotment at Richland Springs, and thus a city of license and channel change should not have been granted as a minor change.  The FCC will announce in future when a filing window for the Richland Springs allotment will open.

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 Notice of Proposed Rulemaking initiating 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 to at most 8 in the largest markets the number of radio stations an entity may own), the Local Television Ownership Rule (an entity may own up to two TV stations in a DMA), and the Dual Network Rule (prohibits 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).  If adopted at its September 30 Open Meeting, comments and reply comments responding to the NPRM will be due 30 days and 60 days, respectively, after the NPRM’s publication in the Federal Register.  We provided more information on the NPRM in an article on our Broadcast Law Blog, here.
  • The FCC’s Enforcement Bureau announced that it extended the deadline until October 17 for the 300 radio and TV stations identified in its 2025 EEO audit notice to upload their responses to their Online Public Inspection Files (see our discussion of the audit here).  The Bureau also clarified certain issues about the new DEI-related questions in Section 2(b)(vi)(a-b), (vii-viii) of the Audit Letter (see our article here for more on these DEI questions).  The Bureau will allow respondents to protect confidential business information from public disclosure by emailing responses to these DEI questions to the Bureau, but the remainder of the audit responses must be uploaded to the station’s OPIF.  The Bureau also said that stations do not need to include advertising contracts in their responses to the DEI questions, and that station employment units with fewer than 5 full-time employees (employees assigned to work at least 30 hours a week) are exempt from responding to these questions.
  • The Department of Health and Human services and the Food and Drug Administration issued a Press Release announcing a rulemaking proceeding that could dramatically limit prescription drug advertising on broadcast stations, and the FDA issued another stating that it was sending “thousands” of letters to drug makers warning them about deceptive drug advertising.  These actions were taken to implement a Presidential memorandum directing the HHS and the FDA to take limit prescription drug ads. The FDA’s rules require prescription drug advertising to provide information about side effects and other risks of drugs.  Agency guidance from 1997 allowed broadcast ads to provide only a “major risk statement” and refer customers to a website or other source for all risk information.  This week’s statements characterize the 1997 ruling as a “loophole,” and the agencies are proposing stricter adherence to the requirement that all “critical safety facts” be disclosed in advertising.  If adopted, this may drastically reduce broadcast advertising as disclosures could be lengthy and thus difficult to fit into typical commercial spots.  
  • The Media Bureau announced that October 11 is the deadline for all U.S.-based foreign media outlets classified as “an agent of a foreign government” under the Foreign Agents Registration Act to notify the FCC of their relationship to, and whether the outlet receives any funding from, a foreign government or political party.  The FCC must report to Congress every 6 months on the operations of U.S.-based foreign media outlets, which it will submit on or before November 7.
  • The FCC and the Enforcement Bureau took actions against pirate radio broadcasters:
    • The FCC issued a $920,000 fine against an Irvington, New Jersey pirate broadcaster, and issued a $40,000 fine against a Spring Valley, New York pirate broadcaster.  The pirate broadcasters now have 30 days to pay the fines or the FCC may refer the cases to the U.S. Department of Justice for enforcement as the FCC itself cannot sue to collect fines.
    • The FCC also proposed a $60,000 fine against an individual and his company for operating two Brockton, Massachusetts pirate radio stations.  The FCC increased the fine from the base amount of $20,000 per station because the two pirate stations’ simultaneous operations expanded the geographic coverage of their illegal activities and significantly increased both the likelihood of interference to licensed stations and the potential for public harm if affected stations needed to air emergency alerts.
    • The Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting to Boonville, Missouri landowners for allegedly allowing a pirate to broadcast from their property.  The Bureau warned the landowners that the FCC could issue a fine of up to $2,453,218 under the PIRATE Radio Act if they continue to permit pirate radio broadcasts from their property.
  • The FCC issued an Order affirming the Media Bureau’s dismissal of 105 construction permit applications for new LPFM stations located in Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Texas, Virginia, and the U.S. Virgin Islands.  The applicant proposed to provide a public safety radio service, which is allowed under LPFM rules only if operated by state or local governments or by “non-governmental entities” with public safety jurisdiction in the LPFM service area.  The Media Bureau previously dismissed these applications because the applicant neither had authority over public safety matters in its proposed service areas nor requested a waiver of the FCC rules to provide such service (an action we noted here).  The Commission, in affirming the Bureau decision concluded that, just because some local agencies were willing to provide the applicant with information did not give it “jurisdiction” in the areas that it proposed to serve and determining that the rules were clear that public safety service was limited to local applicants. 
  • The Enforcement Bureau issued a Notice of Violation against a New Hampshire AM station which was running an “unmodulated carrier,” i.e., the transmitter was on but running no programming.  The fine was based on the failure of the station to make station identification announcements during this period.  Station identifications are required by FCC rules to be run as close to the top of each hour of operation as allowed by natural breaks in station programming.  The Notice makes clear that an unmodulated carrier is station operation, so station identifications are required even if no programming is being run.  The station must now explain to the Bureau how it will correct the rule violations and prevent future violations from occurring.
  • The Media Bureau entered into a Consent Decree with a Louisiana FM translator licensee for operating its translator while its primary station was silent.  The Bureau found that the translator began originating its own programming in violation of FCC rules after the translator’s primary station ceased operations due to damage caused by Hurricane Ida.  The Consent Decree requires the licensee to pay a $4,000 voluntary contribution to the U.S. Treasury and enter into a compliance plan to ensure that future rule violations do not occur. 
  • FCC Chairman Carr responded to Senator Schiff’s (D-CA) letter requesting information on President Trump’s potential influence on the FCC’s approval of the Paramount-Skydance merger (which we noted here).  Carr’s response was similar to his recent responses to other Democratic politicians regarding the merger (see our note here).  Carr stated that the FCC ran a standard review process for the merger, which the full Commission then voted on.  Carr also stated that New Paramount’s commitment to appoint an ombudsman was similar to  commitments made by prior applicants seeking FCC merger approval.  Carr committed to providing all parties seeking FCC transaction approval with a fair shake and even-handed treatment, which Carr stated was done in the Paramount-Skydance merger approval process. 

On our Broadcast Law Blog, we highlighted the FCC Public Notices and Fact Sheets detailing the procedures for paying broadcasters’ annual FCC regulatory fees, including the notice announcing that the fee payment deadline is September 25.  We also published another article discussing the impact on broadcasters of the FTC’s decision to drop its appeal of a court decision which put on hold the Biden Administration’s nationwide ban on noncompete agreements, and the FTC’s decision to evaluate such agreements on a case-by-case basis to see if their use constitutes an unfair trade practice.

Every four years, the FCC is supposed to conduct a review of its local broadcast ownership rules – the rules that govern the number of radio or television stations in a market in which one person or entity may have an “attributable” interest (some form of control rights defined under very complicated FCC attribution rules). The FCC is supposed to do this regular assessment of these local ownership rules to determine if they continue to be necessary in the public interest as a result of changes in competition.  The last quadrennial review, which commenced in 2018, was not completed by the FCC until December 2023 when it released an order that, for all practical purposes, concluded that there had been no changes in the competition faced by broadcast stations.  In the 2023 order (which we summarized here), the Commission actually tightened the rules for television stations, and it left the rules for radio unchanged despite the significant competition from digital media that had exploded since the last review was completed (see for instance our article here on the explosion of digital competition and its effect on over-the-air radio).  Appeals of the 2023 decision were only resolved in July (see our article here).  With the decision on the appeal complete, the FCC Chair this week announced that the next Quadrennial Review would now begin in earnest. 

The next review, the 2022 Quadrennial Review, was actually started in late 2022 (even before the 2018 review was completed) with the release of a Public Notice (see our article here).  But that Public Notice only asked very general questions about the state of competition in the broadcast industry, and the previous administration took no further action after releasing the Public Notice.  This week, FCC Chairman Carr, in his blog post setting out the issues to be considered at the FCC’s September 30th regular monthly meeting, stated that a 2022 Quadrennial Review Notice of Proposed Rulemaking would be on the agenda.  That announcement was followed with a public draft of the NPRM that will be considered at the September 30 meeting.  While it is possible that some changes may be made in the draft, in practice these drafts are generally adopted with few significant modifications.  Thus, we now have an idea of the issues to be considered in the 2022 Review.

Continue Reading FCC Begins Quadrennial Review of its Local Ownership Rules for Radio and TV – Should the FCC Relax Broadcast Ownership Rules Based on Competitive Factors?