political file

Subscribe to political file via RSS

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

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

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

  • President Biden signed a Continuing Resolution passed by Congress averting a federal government shutdown that was to begin on January
…

With the 2024 election looming, broadcasters are already receiving requests for political advertising time, from PACs and other issue groups, and from both established candidates and newcomers eager to make an early splash to enhance their public standing.  Some of these potential buyers advance unique policy positions and, sometimes, unusual ad buying strategies.  How are broadcasters to deal with these early political ad buyers? 

Each broadcaster needs to discuss the issues that arise with these early political ads, both internally with their business teams and with their outside FCC counsel or in-house legal advisor.  The first question to ask is whether a station even wants to run these ads.  Ads from non-candidate buyers do not need to be run by stations but, if run, will likely impose some political file obligations on stations to the extent that they discuss candidates, potential candidates, or electoral and political issues (for more on political file issues, see our articles here, here, and here, and this video discussion that I did for the Indiana Broadcasters Association). Continue Reading Broadcaster’s Legal Considerations for Early Season Political Ads

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

  • Global Music Rights (GMR) and the Radio Music Licensing Committee (RMLC) announced that enough broadcasters had agreed to GMR licensing

…

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

  • The FCC has started planning for its next AM/FM radio auction (Auction 109) scheduled to begin on July 27.  Four

…

With the change in administration at the FCC, there are opportunities for certain actions to be taken very quickly, without going through the full process of a rulemaking requiring public notice of the proposed rule change and time for public comment.  At the end of this last week, we saw the FCC’s Media Bureau take actions in three different proceedings directly applicable to broadcasters to undo what had been done during the prior administration – rescinding actions with respect to noncommercial ownership reports, the disclosure of information about the sponsor of political advertisements, and on the treatment of TV assignment and transfer applications for television stations where shared service agreements are involved.  Below, we’ll give a few details about each of those actions.

Two of the rescinded actions were January rulings by the Media Bureau which, at the time they were issued, drew statements of concern from then-Commissioners Pai and O’Rielly.  The Republican Commissioners argued that the actions should have been taken by the full Commission, not the Media Bureau.  As these decisions were not final (appeals can be taken or reconsideration requests can be filed within 30 days of an action, and the full Commission, on its own, can set aside a staff action within 40 days), the Media Bureau, presumably at the urging of the new Chairman, set these actions aside for further consideration by the full Commission.Continue Reading Undoing the Past – New FCC Rescinds Rulings on Noncommercial Ownership Reports, Political Broadcasting Sponsorship Disclosure and Shared Services Agreements

TV stations in markets outside of the Top 50, and stations in the Top 50 markets that are not affiliated with one of the Big 4 networks, need to begin to upload new material placed into their political files into their Online Public File as of July 1 – just a few weeks away.  David O’Connor of my firm and I conducted a webinar for television broadcasters from 7 states last week, where we discussed this new obligation for smaller TV stations, and talked about what documents are supposed to go into the political file.  We also reviewed the content of the NAB forms that are helpful in tracking the documentation that needs to go into the political file.  The slides from that presentation are available here.

 As we wrote in April, the FCC has already reminded broadcasters of this new obligation as of July 1, and there does not appear to be any potential that the obligation will be changed between now and the July 1 effective date.  Broadcasters need not upload political file contents that were placed into the file before July 1 (they should continue to be kept in the station’s paper file for the two-year required holding period).  But, starting on July 1, all new political file documents need to be placed into the station’s Online Public file accessible through the FCC website.
Continue Reading A Presentation on the Obligations of Small Market TV Broadcasters to Begin To Upload Their Political Files into Their Online Public File as of July 1