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?

The Federal Trade Commission last week announced that it was dropping its appeal of a court decision which put on hold an FTC order adopted during the Biden administration which banned noncompete agreements in all industries across the country (see our note here). This ban was a concern to many in the broadcast industry as it would allow station employees, including on-air talent, managerial employees, and others with access to sensitive competitive information to freely move from station to station within a broadcast market.

But the FTC’s decision to drop the appeal of the court’s rejection of the nationwide ban does not mean that the FTC has abandoned all concerns about the use of noncompete agreements.  Instead, the FTC issued a Request for Information seeking public comment on the use of noncompete agreements, seeking information on a variety of issues including why an employer may use noncompete agreements, typical salary ranges of employees subject to these agreements, their terms or limitations, and harms imposed on employees by these agreements.  Comments are due November 3.  The FTC also announced plans to pursue concerns about such agreements on a case-by-case basis.

Continue Reading FTC Drops Appeal of Court’s Rejection of Nationwide Ban on Noncompete Agreements – To Pursue Individual Cases Where Noncompetes are an Unfair Trade Practice

As we noted in our weekly summary of regulatory activity of interest to broadcasters, the FCC on Friday released a number of public notices and fact sheets providing details of how broadcasters are to pay their annual regulatory fees. Included among the public notices was one setting the deadline for paying the regulatory fees as September 25th. The FCC’s filing system is open now so fees can be paid at any time prior to the September 25th deadline. The failure to pay fees by that deadline will result in a 25% penalty.  Interest will also accrue on late payments, as well as collection fees.  Thus, late payments are costly. 

Fees for each television station are set out in the FCC’s Report and Order setting those fees (in a table in Appendix F, pages 52-95 of the order – fees are established based on a station’s population coverage, so each station is assigned a specific fee).  Radio stations can look up their fees in a “look up database” that is available through a link that was set out in the Media Bureau Fact Sheet released on Friday. Broadcasters should check their fees carefully to make sure that they are paying the expected amount and are submitting payment for all of their affected facilities.  Remember, fees are based on a station’s facilities on October 1, 2024, the beginning of the last fiscal year.  For broadcasters with earth stations, those fees are set out in the Space Bureau Fact Sheet. 

Continue Reading Annual Regulatory Fees Due by September 25 – FCC Releases Public Notices and Fact Sheets on Paying Those Fees

Updated, 9/9/25 to correct typo in opening date for the filing of applications for new LPTV and TV translator stations in the second bullet below.

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

  • The FCC released its Report and Order setting its annual regulatory fees for 2025.  The FCC increased TV station fees by approximately 1.2% from last year, while slightly decreasing fees for most radio stations.  The FCC also released a Public Notice announcing that fees must be paid by September 25.  In addition, the FCC and its Bureaus released the following guides and fact sheets providing details for filing and paying 2025 regulatory fees: Media Bureau Fact Sheet (providing a link to the fee lookup database where radio broadcasters can determine what they owe), Space Bureau Fact Sheet (for earth stations), Payment Methods and Procedures Public Notice (providing details on the required use of the CORES database to initiate payment, and instructions for the use of wire transfers, ACH payments, or credits cards – checks and money orders can no longer be used to pay fees), Waiver, Reduction, Deferral, and Installment Payment Requests Public Notice (setting out the procedures to ask for a waiver or deferral of the fees on financial hardship grounds), and Regulatory Fee Exemptions Public Notice (noting those exempt from fees, including the de minimis exemption for entities with total liabilities of less than $1000 and exemptions for noncommercial educational station operators).  We further discussed broadcasters’ 2025 regulatory fees on our Broadcast Law Blog here, and will provide more details on information in some of the guides and fact sheets in a blog article this week.
  • The Media Bureau released a Public Notice announcing the opportunity for Class A, LPTV, and TV translator stations to file applications for major changes in channel and transmitter site location starting October 22, with a later opportunity to file applications for new LPTV and TV translator stations starting January 21.  This will be the first opportunity to file for new LPTV and TV translator stations in over 15 years.  To establish a stable database for applicants preparing their applications, the FCC set a filing freeze on all LPTV, Class A, and TV translator major change applications beginning on September 3, and a freeze beginning October 15 on all LPTV, Class A, and TV translator minor modification applications and LPTV and TV translator displacement applications.  The freeze will lift on October 22 when existing Class A, LPTV, and TV translator stations will have an opportunity to apply to modify their channels or transmitter site locations (provided that no site change of more than 121 km will be permitted).  Filing freezes will start again on December 3 before applications for new LPTV and TV translator applications and major changes can be filed starting January 21, 2026.  For more on this process, along with the specific periods of each filing freeze and each filing window, see our Broadcast Law Blog article here.
  • The Media Bureau released two decisions related to ATSC 3.0 transition applications:
    • The Bureau also adopted an Order reinstating inadvertently deleted rules that specify the information required for non-expedited ATSC 3.0 applications, rules which were accidentally deleted when the FCC’s 2023 Next Gen TV Third Report and Order was published in the Federal Register.  The Bureau stated that notice and comment procedures were unnecessary to do so because it merely corrected a ministerial error.
  • The Federal Trade Commission decided not to pursue an appeal of the court decision overturning the Biden Administration’s decision to ban noncompete agreements nationwide (we noted the Biden FTC’s ban here).  Instead, the FTC issued a Request for Information seeking public comment on the use of noncompete agreements, seeking information on a variety of issues including why an employer may use noncompete agreements, typical salary ranges of employees subject to these agreements, their terms or limitations, and harms imposed on employees by these agreements.  Comments are due November 3.  The FTC decided that, instead of a blanket nationwide ban, it will address the harmful effects of noncompete agreements on a case-by-case basis, with the FTC Chairman and another commissioner issuing a statement promising that notices to many industries warning them about the improper use of these agreements will be forthcoming.  The FTC also released a notice of a consent decree with one company, generally banning the use of these agreements for most of the company’s employees in the funeral crematorium industry.
  • The FCC announced that comments and reply comments are due September 25 and October 10, respectively, responding to the FCC’s Notice of Proposed Rulemaking reexamining the EAS and the Wireless Emergency Alerts system.  For EAS, the FCC seeks comment on questions including the system’s effectiveness and how it could be modernized.
  • Reply comments were filed responding to the FCC’s July Public Notice seeking to refresh the record on the FCC’s potential modification of the national TV ownership cap (prohibiting ownership interests in TV stations reaching more than 39% of the TV households nationwide), and the UHF discount (a 50% discount for UHF TV stations in calculating compliance with the national cap) (see our notes on the Public Notice here and on the initial comments here).  Broadcasters and pro-business advocacy groups again supported relaxing or eliminating the cap, arguing that it harms broadcasters’ ability to compete against digital media giants for viewers and ad revenues.  Cable and satellite operators, and groups that are generally viewed as pro-consumer, opposed changing the cap, arguing that the FCC lacks authority to do so (arguing that only Congress can) and that any relaxation would increase retransmission consent fees and cause other consumer harms.  Commenters were similarly split on whether to retain the UHF discount.  The reply comments can be found here.
  • The FCC announced that September 26 is the effective date of its Second Report and Order on earth station application processing, including streamlining processes for adding or removing communication points, expanding the list of license modification types not requiring prior authorization, and adopting 30-day “shot clock” for earth station renewal application processing.  While the Order is effective, before most of these modified rules can be relied on, they must be approved by the Office of Management and Budget. 
  • The FCC announced that August 26 is the effective date of the Media Bureau’s Order deleting cable and satellite rules that were vacated by federal courts over a decade ago including the temporary standstill rule for program carriage complaint proceedings and the rules limiting cable and satellite providers’ use of encoding to prevent or limit copying of their programming. 
  • There was regulatory activity in the ongoing arguments about perceived bias in the media and the extent to which the FCC has authority to act in this area:
    • Department of Homeland Security Secretary Noem accused CBS of deceptively editing her interview on CBS’ August 31 “Face the Nation” broadcast by removing 4 minutes of her 16 minute interview, including when she discussed specific illegal acts allegedly engaged in by Kilmar Abrego Garcia which she claimed justified his deportation.  CBS had released a full transcript of the interview and posted a full-length version of the interview on YouTube.  Press reports state that Center for American Rights (CAR), which filed the still pending news distortion complaint against CBS for its “60 Minutes” broadcast of an interview with former Vice President Harris (see our note here), stated in a letter to the FCC that the Noem interview demonstrates that CBS has failed to fulfill its promise to appoint an ombudsman to handle bias complaints against the network as well as FCC Chairman Carr’s prior warnings against another broadcast network for coverage of the Abrego Garcia matter (see an example of Carr’s warning on X here).
    • CAR also filed a complaint with the FCC claiming that ABC late-night host Jimmy Kimmel violated the FCC’s conflict of interest policies underlying its rules against payola (the obligation to disclose to the audience payments made to stations in exchange for on-air content) and requiring equal opportunities (political candidates are entitled to access to airtime equal to that given to their opponents).  CAR’s claims (available for download here) that, as a broadcast employee, Kimmell was obligated to disclose his personal political interests, so his allegedly “lopsided” hosting of Democrats on his show violated FCC policies.
    • FCC Chairman Carr set a letter responding to Senator Blumenthal’s (D-CT) letter seeking information on the FCC’s approval of the Paramount-Skydance merger following allegations that President Trump unlawfully influenced the FCC’s approval of the merger in July (we noted the approval here, and other Democratic politicians’ letters to Carr and New Paramount CEO David Ellison on the matter here).  Carr’s response stated that the FCC conducted a standard review of the transaction and that New Paramount’s commitment to appoint an ombudsman is similar to that made by prior applicants seeking FCC merger approval.  Carr did not address Blumenthal’s request for information about discussion of the decision with the President or his agents before the merger’s approval.
  • The FCC acted on three MX groups (groups where multiple applicants sought authorizations for new stations that were “mutually exclusive,” i.e., based on interference, not all could be granted) seeking construction permits for new LPFM stations in Iowa, New Jersey, and Tennessee.  In each case, the FCC reevaluated the analysis of the “points system” used to determine which mutually exclusive applicant should be granted, and determined the applicant(s) with the next highest number of points should be designated as the new tentative selectee, and interested parties now have 30 days to file a petition to deny against those applicants, after which the Media Bureau will conduct a final review of the remaining applications. 
    • The FCC dismissed the application of the Iowa MX group’s tentative selectee (the applicant with the most points in FCC’s point system analysis) because the initial grant had been premised on a claim for two points for having a main studio that could originate programming within 20 miles of the proposed station’s transmitter site (as required for applicants seeking points outside of the top 50 markets).  But the applicant’s initial application had proposed a studio hundreds of miles away – and the FCC does not credit revised proposals, such as that made in this case, filed after the initial application filing deadline, thus leading to the dismissal. 
    • The FCC also found that the New Jersey and Tennessee MX groups’ tentative selectees did not qualify for one point each for having an established community presence (points given when, for the two years before the application was filed, an applicant outside of the top 50 markets was a nonprofit organization physically headquartered, or with 75% of its board members residing, within 20 miles of the proposed station’s transmitter site) because they failed to either submit supporting documentation for their claims or submitted that information after the initial application. 

On our Broadcast Law Blog, in addition to the articles on regulatory fees and the LPTV/TV translator windows mentioned above, we highlighted upcoming regulatory dates and deadlines affecting broadcasters this September and in early October.