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  • The FCC’s Media Bureau released a Public Notice purporting to provide guidance directed to broadcast TV stations on whether the
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  • The FCC and the FCC’s Media Bureau released several Public Notices (here, here, here, and here
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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…

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

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?

  • The FCC’s Media Bureau waived the requirement that broadcasters file their biennial ownership reports by December 1 of this year,
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  • Payola on broadcast stations suddenly was in the news this past week.  Early in the week, Senator Marsha Blackburn (R-TN)
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