Late yesterday afternoon, the FCC issued a series of Public Notices setting out the due date for filings and uploads that were due during the shutdown. By a Public Notice released last week, most dates were already extended to today, November 18, as many FCC filing systems were not operational – and are expected only to become operational today.  The FCC yesterday issued another Public Notice stating that, in general, filings that were due during the shutdown and through yesterday, November 17, will be due today, November 18.  However, that Public Notice, and a series of additional notices also released yesterday, extend most deadlines that apply to broadcast filings – with some of those extensions listed below. 

For broadcasters, today’s due date appears to apply to station-specific deadlines like responses to pleadings that were due between October 1 and November 17, comments in certain rulemaking proceedings (including the modernization of the Disaster Information Recovery System that, at this time, is voluntary for broadcasters), filings related to Antenna Structure Registrations and related tower filings, any responses to targeted enforcement matters (which were actually to be submitted during the shutdown), and other deadlines set by the Communications Act that cannot be waived by the Commission.  Review the Public Notice for more details on these deadlines.

Many other FCC dates and deadlines have been postponed.  A summary of the broadcast deadlines that have been extended, with links to Public Notices that provide more information, are set out below:

Continue Reading FCC Reopening – New Deadlines Established for Many Broadcast Applications and FCC Filings

Wasting no time following the reopening of the government, the FCC has published its Notice of Proposed Rulemaking in the 2022 Quadrennial Review in the Federal Register, setting December 17 as the deadline for initial comments on the questions asked by the FCC.  We summarized the issues raised by the FCC in our article here.  While the FCC will review the local radio ownership limits for television, following the prohibitions on owning two of the top 4 TV stations in a market being thrown out by the 8th Circuit Court of Appeals in July (see our article here), that FCC review will focus principally on whether the ownership limit of two TV stations in a market should be continued, or if one party should be able to own more. The 39% cap on national ownership of TV stations is being considered in a separate proceeding (see our discussion here).  The FCC will also look at the dual network rule, which currently forbids the common ownership of two of the top 4 TV networks.  With control issues seemingly settled for now at the networks, pressure to move on reform of that rule may have lessened.  Probably the biggest impact of the Quadrennial Review will be on radio, where the local ownership rules have remained unchanged since 1996, limiting one owner from owning more than 8 stations (only 5 of which can be FM stations) in even the biggest markets with more than 45 total stations. 

Radio’s role in the media marketplace has become more and more challenging over the last decade, as its traditional place in the car has been challenged by new audio entertainment options.  As those options proliferate, sounding and functioning  more and more like radio, they are becoming more accessible to the public and more and more popular with listeners.  Over-the-air radio now competes with streaming services, podcasts, satellite radio, and other audio media.  These changes in listening habits are coupled with a change in the advertising marketplace, as the digital media giants now take over two-thirds of the local advertising market that was once the province of radio, television and newspapers.

Continue Reading December 17 Comment Date Set in 2022 Quadrennial Review Looking at Local Ownership Rules – What is at Stake, Particularly for Radio?

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 passed a bill ending the federal government shutdown which began on October 1, ensuring that the government will remain open through at least January 31, 2026.  Given the unprecedented length of the shutdown – the longest in U.S. history – the FCC released a Public Notice announcing extensions of filing and other regulatory deadlines in anticipation of the large influx of filings that the FCC expects after reopening.  All deadlines and filings that are due between October 1 and November 17 are generally extended until at least November 18, and grants of Special Temporary Authority expiring between October 1 and November 17 are generally extended until at least November 18.  The Notice states that the FCC and its Bureaus will issue additional guidance before November 18 on possible further extensions for specific matters.  As the FCC’s website indicates that some filing databases used by broadcasters, including the Licensing and Management System and the Online Public Inspection File, will not become operational until November 18 (see here and here), we expect further extensions of many deadlines.  The Notice also states that the FCC staff will work with filers and provide them with flexibility when possible, and asks, until further guidance is issued, that filings be limited to instances where immediate FCC authority is needed.  For more on what to expect with the FCC’s reopening, see our article on our Broadcast Law Blog here.
  • The Farm Bill passed this week to fund the U.S. Department of Agriculture through September 30, 2026 includes a provision limiting hemp-derived products’ legally allowed THC, and including products like delta 8 and other synthetic cannabis derivatives within the prohibition.  This action will appear to limit the sale of many cannabis products.  The provision, which will take effect in November 2026, will impact broadcasters’ ability to advertise hemp-based CBD products due to the narrowed scope of products that will now be considered legal.
  • A bipartisan group of former FCC Commissioners called for the FCC to eliminate its news distortion policy, arguing that the policy infringes upon broadcasters’ First Amendment rights.  They also contend that it is now being improperly used to suppress viewpoints critical of President Trump.  As we noted here, here, here, and here, a news distortion complaint is still pending before the FCC against CBS alleging that 60 Minutes deceptively edited an interview with then-Vice President Harris just before last year’s Presidential election.  As we noted here and here, that complaint was dismissed during former FCC Chairman Rosenworcel’s tenure, but was promptly reinstated once Carr took over the agency.  However, a similarly dismissed complaint against a Fox TV station, alleging that cable channel Fox News aired false statements regarding Dominion Voting Systems following the 2020 Presidential Election, was not reinstated.  Last week we noted that some Democrats suggested that the FCC should review 60 Minutes’ recent interview of President Trump because, if there were issues about “news distortion” because of the editing of the Harris interview, the Trump interview raised similar issues and should be treated similarly.  FCC Commissioner Gomez released a statement in response to the bipartisan call for action, stating that “this FCC has deployed a vague and effective News Distortion policy as a weapon to stretch its licensing authority and pressure newsrooms, but “as federal regulators,” we must “respect the rule of law, uphold the Constitution, and ensure that a free press is never subjected to regulatory interference by the FCC.”  Chairman Carr posted on X that he will continue to hold broadcasters accountable for their public interest obligations and found it “rich for the exact same people that pressured prior FCCs to censor conservatives ‘through the news distortion policy’ to now object to the agency’s even-handed application of the law.”
  • The U.S. Supreme Court denied a petition challenging the FCC’s implementation of the Low Power Protection Act (LPPA) passed by Congress in 2023 (see our note here).  The petitioner requested that the U.S. Supreme Court overturn a June decision of the U.S. Court of Appeals for the D.C. Circuit rejecting the petitioner’s arguments that the FCC erred in concluding that only LPTV stations in DMAs with fewer than 95,000 households were eligible to file for Class A status under the LPPA (see our note here). 
  • The FCC’s Enforcement Bureau entered into a Consent Decree with a with a Massachusetts pirate radio operator to resolve its investigation of his illegal operations.  In April 2024, the Bureau proposed a $40,000 fine against the individual for engaging in pirate broadcasting.  Due to the individual’s demonstrated inability to pay the fine and because he ceased pirate operations, the fine was reduced by the Consent Decree to $7,200 but the individual must pay a further penalty of $40,000 if he engages or assists anyone else in pirate broadcasting during the Consent Decree’s 20-year term.

With the federal government shutdown finally ending yesterday, broadcasters need to be prepared to take steps to comply with FCC rules whose enforcement has been put on hold since October 1, when the government shut down most FCC electronic filing systems, including the online public files.  Now that the FCC has reopened, the FCC has recognized that its initial guidance (about which we wrote here), issued in the face of what might have been expected to be a short suspension of activities, was not realistic given the length of the shutdown and the potential issues that could arise with many broadcasters and other regulated entities all trying to upload their documents to various FCC systems by the end  of the next business day after government operations resumed (see our list of concerns here). 

Thus, yesterday, when the FCC reopened, it released a Public Notice postponing the deadline for filings due during the shutdown until at least Tuesday, November 18, with a promise of another public notice before that date to evaluate whether that date was in fact realistic or if a further extension for some or all filings would be warranted.  In fact, that Public Notice suggests that parties not rush to upload everything immediately, but only to submit time-sensitive documents to the FCC.  Given that, as of 9 AM Eastern on Friday morning (on November 14), some FCC databases including the online public file still are offline, it appears realistic to assume that some further extensions will be required.  [Update, 11/14/ 2025, 4:00 PM ET, the FCC has now posted notices on the help pages for both the Online Public Inspection File and for LMS where applications are filed, saying that neither system will be available for use until November 18, seemingly insuring a further extension of the dates by which filings will be due] Consult your own legal and technical advisors as to how these deadlines affect your operations and as to what filings should be prioritized once the FCC’s systems are back up and operating. 

Continue Reading Federal Government Reopens with FCC Decision to Provide More Time to Submit Delayed Filings – and Watch for Comment Deadlines in Major Proceedings on Media Ownership and the ATSC 3.0 Transition

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 federal government shutdown continues for its sixth week, and most FCC employees are not working.  There have been some signs that the political parties in Washington are looking for  way to resolve the current impasse, so if you have applications that could not be filed because of the shutdown, be watching developments closely to see when it may be possible to submit those applications.  Broadcasters also need to be ready to update their online public inspection files with documents that were due during the shutdown, which in many states will include many political file documents relating to this past Tuesday’s elections. These will be due the day after the day that the FCC reopens.  See our special update posted on our Broadcast Law Blog for a discussion of some of the issues that may arise once the FCC reopens.
  • In an SEC filing, Tegna revealed that the US Department of Justice has issued a “second request” for documents about its proposed sale to Nexstar.  A second request signals that the DOJ has additional questions about the antitrust issues raised by the proposed combination of these two television operators. These second requests usually entail significant document production and written responses to DOJ questions, thus slowing DOJ action on its review of the transaction.  While a second request is not unusual, many if not most large acquisitions and mergers are approved based on the initial filings. 
  • Some Democrats suggested that the FCC should conduct a review of last weekend’s 60 Minutes interview of President Trump suggesting that, if there are issues about “news distortion” from the 60 Minutes editing of the interview with then Vice President Harris just before last year’s Presidential election, the editing of the interview with President Trump raised similar issues.  We provided information here, here, here, and here in notes about the still-pending news distortion complaints about the Harris interview

On our Broadcast Law Blog, we published our regular look ahead at regulatory dates and deadlines for broadcasters in the upcoming month – though noting that dates in November and early December could be affected should the government shutdown continue. 

In November, the biggest regulatory news may be the continuing federal government shutdown is continuing.  If the shutdown persists, comment deadlines discussed below may shift until after the government resumes normal operations.  As we discussed here, the FCC provided guidelines before the shutdown began on how regulatory deadlines would be impacted during the government shutdown, with most deadlines postponed until the day after the day that the FCC reopens.  Yet, as we noted here, many questions remain as to whether the FCC’s systems will be prepared for the backlog of filings suddenly due on one day, and as to how the reopening will affect actions like the LPTV/TV translator major change filing opportunity that was to have already been opened.  Be on the lookout for updates on what will occur should the federal government reopen this month.

One deadline unaffected by the shutdown is the requirement triggered by the end of Daylight Savings Time on November 2.  The change in the clocks means that AM daytime only stations, AM stations with different daytime and nighttime patterns, and AM stations operating with pre-sunrise and/or post-sunset authority should check their sign-on and sign-off times on their current FCC authorizations to ensure continued compliance with the FCC’s technical rules.  AM stations need to note that all times listed in FCC licenses are stated in standard time, not daylight savings time even if it is in effect.

Continue Reading November 2025 Regulatory Dates for Broadcasters – Federal Government Shutdown, Daylight Savings Time, Comment Deadlines, FCC Open Meeting, 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.

  • Although the federal government shutdown continues for its fifth week, and most FCC employees are not working, the Commission, as required by law, held its regular monthly open meeting.  At that meeting, as summarized below, the Commissioners adopted three Notices of Proposed Rulemaking – one on ATSC 3.0 and two relevant to earth station operations (we previously noted the release of the drafts of these Notices here). 
    • The FCC adopted a 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 Commission 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 – both in terms of duplication of programming and in station coverage.  The FCC also seeks comments on issues including the use of encryption or digital rights management, requirements for multichannel video programming distributors like cable and satellite TV to support ATSC 3.0 signals, and on the sunset of ATSC 1.0 service.
    • The FCC adopted an 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.
    • The FCC also adopted an 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. 

Comment dates in these proceedings will be set by their publication in the Federal Register, which will likely not occur until after the FCC reopens after the shutdown.

  • Also related to earth stations, the FCC released a draft NPRM proposing to auction a portion the Upper C-Band (3.7-4.2 GHz).  That band is used by earth station operators, including broadcasters, whose operations have already been curtailed by prior auctions of the Lower C-Band for use by wireless operators (an action that lead to payments to “incumbent” earth station operators whose facilities had been registered, reimbursing them for the costs of changing their operations to replace those that had been in the Lower C-Band).  The new 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.  The FCC proposes to clear incumbent earth station operators from the band over a five and a half-year period and, as with the prior migration from the Lower C-Band, the FCC proposes that new band users reimburse incumbent earth station operators for their transition costs.  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 (a condition for reimbursement during the previous C-band transition). 
  • During a speech this week at the Media Institute’s Free Speech America Gala in Washington, DC, FCC Commissioner Trusty stated that content-based regulation of broadcasters that would never be permitted on other forms of media is allowed by longstanding Supreme Court precedent.  While the First Amendment still applies to broadcasters, because of the scarcity of broadcast spectrum, some regulation by the FCC is permitted under the Congressionally mandated “public interest” standard.  Whether informal pressure on broadcasters to deter disfavored speech (a practice known as “jawboning) exceeds the permissible bounds of FCC regulatory power “is a more difficult question.”  Trusty said that she preferred that broadcasters exercise “careful judgment” in their programming decisions and take their public interest obligations seriously, so that the FCC did not need to exercise its regulatory authority.  She said that the FCC should look for ways to give broadcasters the flexibility to make these programming decisions and to operate in the public interest. 

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.