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Today, we would normally publish our look back at the prior week’s regulatory activity of importance to broadcasters but, as we noted last week, we are taking this week off and will publish a summary of the regulatory activity during the two week holiday period next Sunday.  But, as the start of a new month is upon us, we instead offer our regular look ahead at regulatory dates and deadlines for January.   

With each New Year, there are a host of new regulatory deadlines to keep broadcasters busy.  In January, this includes some recurring FCC deadlines like Quarterly Issues/Programs lists for all full power broadcasters, and a host of other quarterly obligations that are not as widely applicable.  For TV broadcasters, the month brings obligations including the annual children’s television reports on educational and informational programming and a public file certification on commercial limits, as well as the extension to stations in 10 additional markets of the audio description requirements. 

In addition to comments in rulemaking proceedings described below, January brings some new obligations.  For commercial broadcasters streaming audio programming on the Internet, there are new SoundExchange royalties that cover performances made on and after January 1, and a requirement for a higher minimum fee due at the end of the month.  There is also a freeze that will be imposed on applications for major changes by existing LPTV stations and TV translators related to a window that will open in March, the first window in well over a decade for the filing of applications for new LPTV stations. 

Let’s look at some of the specific dates and deadlines for broadcasters in January, starting with the routine deadlines that come up every January, and then moving to some of new obligations for 2026.  After that we provide January deadlines for comments in rulemaking proceedings (including reply comments on proposed changes to the FCC’s ownership rules and initial comments on proposals to speed the ATSC 3.0 conversion), a look at lowest unit rate windows that open in January for 2026 elections, and finally a few deadlines in early February.Continue Reading January 2026 Regulatory Dates for Broadcasters – Quarterly Issues/Programs Lists, Children’s Television Programming Reporting, New Webcasting Royalties, Expansion of Audio Description Requirements, Comment Deadlines, Political Windows, and More

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?

October is, on paper, another busy month of regulatory deadlines for broadcasters.  But there is again the looming possibility of a 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).  While as of today there are reports of a plan to extend funding through December, until a continuing resolution is passed, the threat remains.  If a shutdown does occur, the FCC, the FTC, and the Copyright Office may have to pause their operations which may result in some of the regulatory deadlines discussed below being delayed.  However, in some cases agencies have leftover funding to keep them functioning for a few extra days.  Stay tuned to see if any of the dates below have to be rescheduled. [Update – 9/26/2024, 9:00 AM – a continuing resolution extending government funding through December 20 was passed late yesterday by both the House and the Senate averting, for now, the shutdown about which we were concerned. Thus, the deadlines listed below are in effect as scheduled]

Assuming this recurring issue is resolved, let’s look at some of the October dates and deadlines, starting with the routine dates of importance to broadcasters. October 1 is the deadline for radio and television station employment units in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, Missouri, Northern Mariana Islands, Oregon, Puerto Rico, the 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 2024 Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists, Annual EEO Public File Reports, ETRS Form One, Comment Deadlines, and More

The lazy days of summer continue to provide little respite from the regulatory actions of importance to broadcasters.  This month brings quarterly requirements, including most importantly, the obligation to upload Quarterly Issues Programs Lists to a station’s online public file, and a number of comment deadlines in important FCC proceedings, as well as the opening of political windows in this major election year.  So, even if the beach chair is calling, remember to keep an eye on dates that can affect your stations. 

The regulatory date that all full-power broadcasters should have circled on their calendars is July 10, the deadline by which all full-power radio and TV stations (as well as Class A television stations), both commercial and noncommercial, must upload to their online public inspection files their Quarterly Issues/Program lists for the second quarter of 2024.  The lists should identify the issues of importance to the station’s community and the programs that the station aired between April 1 and June 30, 2024 that addressed those issues.  It is important that these be timely uploaded to your public file, as the untimely uploads of these documents probably have resulted in more fines in the last decade than for any other violation of the FCC’s rules.  As you finalize your lists, do so carefully and accurately, as they are the only official records of how your station is serving the public and addressing the needs and interests of its community.  See our article here for more on the importance of the Quarterly Issues/Programs list obligation.Continue Reading July Regulatory Dates for Broadcasters – Quarterly Issues/Programs Lists, Comment Deadlines in Multiple Proceedings, Political Windows, and More