annual EEO public inspection file report

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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

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

It is time for our look at September’s regulatory dates and deadlines to which broadcasters should be paying attention – and the deadline that probably is most important to all commercial broadcasters is not yet known.  That, of course, is the deadline for the payment of annual regulatory fees – which must be made before the federal government’s October 1 start of the new fiscal year.  We expect an announcement of the final decision on the amount of those fees for various broadcasters, and the deadlines for payment, in the next few days.  Keep on the alert for that announcement. 

Below is our summary of the other dates affecting broadcasters this September, including the effective date of the Emergency Alert System’s (“EAS”) new Missing and Endangered Persons event code, comment and other pleading deadlines in several FCC proceedings, the deadline for affected broadcasters to file their responses to the FCC’s August 2025 EEO Audit Letter, in addition to several political file window dates.

September 8 is the effective date of the new EAS Missing and Endangered Persons event code to be used by all EAS Participants, including broadcast stations.  In August 2024, the FCC adopted a Report and Order creating a new EAS event code for persons over the age of 17 who are missing or abducted from states, territories, or tribal communities (known as Ashanti Alerts), but delayed its effective date to provide EAS Participants with enough time to update their EAS systems to use the code.Continue Reading September 2025 Regulatory Dates for Broadcasters – FCC Regulatory Fees, Political Windows, EAS Event Code, Rulemaking Comment Deadlines, and more

Update – 8/12/2025 – See our new article here for updated information on the DEI questions we discovered were included in these EEO audit letters. Those questions are not mentioned in the article below.

On Friday, the FCC released its first EEO audit notice for 2025 – and the first to be issued under the new administration at the FCC.  The FCC’s Public Notice, audit letter, and the list of the 400 radio and TV stations selected for audit is available here.  Those stations, and the station employment units (commonly owned or controlled stations serving the same area sharing at least one employee) with which they are associated, must provide to the FCC (by uploading the information to their online public inspection file) their last two years of EEO Annual Public File reports, as well as backing data to show that the station in fact did everything that was required under the FCC rules.  The response to this audit is due to be uploaded to the public file of affected stations by September 22, 2025. The audit notice says that, if an employment unit selected in this audit was audited in 2023 or 2024, or if their renewal was granted after June 1, 2023, it should notify the FCC, and it might be exempted from the audit. Any station having a question, or needing more time to respond, is instructed to contact the FCC at least 5 days before the September 22 deadline. 

In some ways, the release of this Notice was a surprise.  The first EEO audit of the year usually comes much earlier in the calendar, leading to speculation that, as compliance with the current EEO program was mentioned as imposing regulatory burdens that warranted review in the FCC’s Delete, Delete, Delete proceeding, the FCC might be suspending audits while considering the proposals for reform (similar to the waiver granted for Biennial Ownership Reports we wrote about on Friday, where we suggested that the current EEO rules might also be reviewed).  But it appears that the FCC has decided to move forward with its existing policy of randomly auditing approximately 5% of all broadcast stations each year.Continue Reading FCC Issues First EEO Audit Notice of 2025 – To Audit 300 Radio and TV Stations

Last week, as we noted in our last regular summary of the prior week’s regulatory activity, the FCC’s Media Bureau announced that it had waived the requirement for broadcasters to file their next Biennial Ownership Reports while the FCC considers whether to even continue to require the use of this form.  Ownership reports were set to be filed by December 1 of this year, reporting on a broadcaster’s ownership as of October 1.  The obligation to file this report has now been extended to June 1, 2027, unless the FCC concludes its review before that date and announces a different filing requirement.  The Media Bureau made clear that ownership reports required at other times (e.g., after the consummation of an assignment or transfer of broadcast station licenses or after the grant of a construction permit for a new station) are still required.  It is simply the Biennial Report required from all full-power broadcasters and from LPTV licensees that has been put on hold.

The Bureau based this extension on its intent to review whether this form continues to be necessary.  As pointed out in some of the comments filed in the Delete, Delete, Delete proceeding, the Biennial Ownership report did not provide any information necessary for any purely regulatory purpose.  Baseline ownership information about licensees is provided in applications seeking authority to operate a station (either through acquisition from an existing licensee or through a construction permit to build a new station) and again reported in the ownership reports required after the grant of such applications.  While incremental changes not requiring FCC approval may be made in the interim (and would be captured on the Biennial Report), if there are any changes in the control of a licensee, those first need FCC approval.  The Biennial Reports themselves do not trigger any FCC review or approval.  One of the principal reasons for the adoption of the requirement for these biennial filings was to capture a snapshot of broadcast ownership that could potentially be used for FCC affirmative action considerations.  Only the Biennial Ownership Reports require the identification of the race and gender of individuals who hold interests in broadcast stations.  Given the current administration’s position on these race- and gender-based governmentally-imposed affirmative action obligations, it is perhaps no surprise that this justification for the filing of these reports appears likely be insufficient to justify the continued use of these forms.  This action to put the Biennial Report on hold does raise the question of what other routine broadcast filing obligations may also be under review in the Delete, Delete, Delete proceeding.Continue Reading FCC Delays Filing Date for Biennial Ownership Report While Considering Its Value – What Other Broadcast Regulatory Obligations May Be Under Review?

Although many, including Congress, take the last of their summer vacations in August, there are still many dates to which broadcasters should be paying attention this month.  One deadline that most commercial broadcasters should be anticipating is the FCC’s order that will set the amount of their Annual Regulatory Fees, which will be paid sometime in September before the October 1 start of the federal government’s new fiscal year.  As we noted here, the FCC proposed to decrease fees this year for broadcasters from the amounts paid in prior years.  Also, as we noted here, the FCC has adopted a new regulatory fee calculation methodology for earth stations.  Watch for the announcement of the final amounts for the Annual Regulatory Fees, along with an announcement of the deadline for their payment.  These announcements usually come in late August or in the first few days of September. 

Here are some of the other regulatory deadlines this month:

August 1 the deadline for radio and television station employment units in California, Illinois, North Carolina, South Carolina, and Wisconsin 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 has in the past lead to significant FCC fines (see our article here about a recent $26,000 fine for a single late EEO report).Continue Reading August 2025 Regulatory Dates for Broadcasters – Watching for the Annual Reg Fee Announcement, EEO Annual Filings, Comment Deadlines, and Political Windows

Though school may be letting out for many, the FCC does not take a summer recess.  Instead, regulation continues.  Perhaps most importantly, Chairman Carr will have a Republican majority on the FCC for the first time since the change in administration, as Democratic Commissioner Starks has said that he is leaving the Commission before its June meeting.  See our article from earlier in the week for our views on some of the issues that may be prioritized once the Chairman’s majority is in place.  In addition, there are some routine deadlines – including EEO filing deadlines for broadcasters in several states across the country and deadlines for comments or reply comments in a number of rulemaking proceedings.  And there are political windows that open in June, principally for elections that will occur in August.

June 2 is the deadline for radio and television station employment units in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming with five or more full-time employees to upload their Annual EEO Public File Report to their stations’ Online Public Inspection Files.  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 June 2025 Regulatory Dates for Broadcasters – Annual EEO Public File Reports, Comment Deadlines, and More

April brings a number of routine regulatory dates for broadcasters across the country, including the requirement for posting Quarterly Issues Programs Lists to full-power station’s online public inspection files.  April also brings comment deadlines in several rulemaking proceedings including one in which many broadcasters are interested – the FCC’s “Delete, Delete, Delete” proceeding looking to eliminate unnecessary broadcast regulations.  Finally, we note lowest unit rate windows that open this month, including one for primaries in the New Jersey gubernatorial race, one of the more significant “off-year” elections in 2025.  We look in more detail at some of the most significant deadlines below. 

April 1 is the deadline for radio and television station employment units in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas 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 has in the past led to FCC fines (see our article here about a recent $26,000 fine for a single late EEO report).Continue Reading April 2025 Regulatory Updates for Broadcasters – Annual EEO Public File Reports, Comment Deadlines, Quarterly Issues/Programs Lists, Political Windows, and more

While there are only a few regulatory deadlines scheduled for broadcasters this March, with more coming in April, as has occurred so many times in the last few years, we need to remind you that even the FCC deadlines in late March and early April could be postponed if there is a federal government shutdown, as the federal government is funded only through March 14.  As we have discussed here with respect to previous potential shutdowns, the FCC and other government agencies may have to cease all but critical functions if they do not have any residual funds to continue operations during a shutdown.  Thus, some deadlines could shift if this new administration follows the precedent for shutdowns followed in the past.

Before any potential shutdown, comments are due March 7 responding to the reinstated Center for American Rights’ complaint against a CBS-owned TV station alleging news distortion in its broadcast of a “60 Minutes” interview with Vice President Kamala Harris.  CAR’s compliant was originally dismissed as one of the FCC’s last major actions under former Chairwoman Jessica Rosenworcel, but was reinstated one week later under FCC Chairman Carr further investigation (see our discussion here, here, and here).  At the FCC’s request, CBS provided the FCC with an unedited transcript and video of the 60 Minutes interview.  The FCC also released additional video of the interview that was posted on YouTube.  The FCC stated that it wanted to open the proceeding to public participation given the value of transparency and the degree of public interest in the matter.  Reply comments are due March 24. Continue Reading March 2025 Regulatory Updates for Broadcasters – Daylight Savings Time, Comment Deadlines, FCC Ownership Rules in Court, Political Windows, and more

While the new Republican-led FCC will no doubt tackle many policy issues in the upcoming months (see our article looking at some of the issues that we expect the FCC will address this year), there are also standard dates and deadlines in February to which broadcasters still need to pay attention. Here are some of those dates:

February 3 (as February 1 is a Saturday) is the deadline for radio and television station employment units in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma with five or more full-time employees to upload their Annual EEO Public File Report to their stations’ online public inspection files (OPIFs).  A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area 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.  At this time, these reports appear unaffected by any actions by the new FCC.  While Chairman Carr last week issued a statement suspending all DEI efforts by the FCC, that statement did not specifically mention routine broadcast EEO filings so, until they hear otherwise, broadcasters should continue to observe these deadlines. 

The filing of the Annual EEO Public File Reports by radio station employment units with eleven or more full-time employees or TV stations with five or more employees triggers a Mid-Term EEO Review that analyzes the last two Annual Reports for compliance with the FCC’s EEO requirements.  The Mid-Term EEO Review begins February 3 for these larger radio station employment units in Kansas, Nebraska, and Oklahoma.  Television station employment units in Arkansas, Louisiana, and Mississippi are also subject to this review.  Radio stations located in Kansas, Nebraska, and Oklahoma that are part of station employment units with five or more full-time employees must also indicate in their OPIFs whether their employment unit has eleven or more full-time employees, using a checkbox now included in the OPIF’s EEO folder.  This allows the FCC to determine which station groups need a Mid-Term EEO Review.  See our articles here and here for more on the Mid-Term EEO Review.Continue Reading February 2025 Regulatory Dates for Broadcasters – EEO, Comment Deadlines, FM Duplication Rule, Political Windows, and More