This Week at the FCC

Here are some of the regulatory and legal actions in 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. This information provided by the attorneys at Wilkinson Barker Knauer, LLP in Washington DC.

December 15, 2025 to December 19, 2025

  • President Trump this week issued an Executive Order instructing various government agencies to take steps to move marijuana from Schedule I (an illegal controlled substance with no medical uses and a high degree of potential abuse) to Schedule III, which includes many other drugs, such as ketamine and Tylenol with codeine, that require a prescription and FDA approval. While a rescheduling to Schedule III may have an impact on research and on marijuana’s medical uses, broadcasters need to continue to take a cautious approach to marijuana advertising while the details of any possible changes unfold, as it is likely that, even after action by all of the government agencies that need to approve the change to Schedule III, advertising will still be restricted under federal law. See our article on our Broadcast Law Blog where we review the remaining issues with marijuana advertising on broadcast stations.
  • The Senate Commerce Committee held an oversight hearing this past week to review recent actions of the FCC, featuring testimony from FCC Chairman Carr and FCC Commissioners Trusty and Gomez.  A variety of issues were discussed including the review of the broadcast ownership rules (see our article on the radio ownership rules here and one on the TV ownership rules here); recent FCC merger reviews (like the FCC’s approval Paramount-Skydance merger, which we noted here); payola issues (see our note here regarding Senator Blackburn’s February letter to Chairman Carr contending that it was illegal payola for radio stations to have musicians to play “free radio shows” in exchange for more airtime on stations, or to avoid threats of less airplay); the controversy over Jimmy Kimmel’s comments following the Charlie Kirk assassination (see our notes here and here); and the FCC’s recent investigations of broadcasters deemed to be airing programming critical of President Trump (see our notes here, here, and here).  Further information on the hearing, including a video recording and the Commissioners’ written testimony, is available on the Committee’s website here.
  • At its regularly monthly Open Meeting, the FCC adopted a Report and Order modifying its rules governing Class A TV, LPTV, and TV translator stations.  The draft Report and Order included several changes to the FCC’s rules such as updating displacement and channel sharing application procedures; establishing a maximum relocation distance of 49.1 kilometers from a station’s current antenna reference coordinates for all minor modification applications; establishing a formal method for these stations to change their communities of license (and a requirement that a station’s protected contour overlap a boundary of its community of license, and requiring all stations to file for a community of license compliant with this requirement within 6 months of the new rule’s effective date); requiring Class A and LPTV stations to use call signs matching their service designation (“-LD” for LPTV and “-CD” for Class A) but grandfathering existing call signs; requiring that all LPTV stations broadcast an operational video programming signal (test patterns and still pictures with unrelated audio are insufficient); and establishing a formal process to change a station’s classification from LPTV to TV translator (or vice versa).  The full text of the FCC’s decision can be found on the FCC page summarizing the action, here (note that, at time this article was written, the Text version of the Order is available while the PDF appears to be corrupted, and no Docx version has been posted).  
  • Comments were due on Wednesday responding to the FCC’s NPRM asking whether the Commission, in concluding its 2022 Quadrennial Review of the FCC’s media ownership rules, should modify or abolish those rules.  As we discussed here,  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.  Specific issues to be considered in this proceeding are the local radio ownership rule (limiting one owner from having an “attributable” interest in more than 8 stations, and only 5 FMs in the largest markets, and fewer in smaller markets); the local TV ownership rule (limiting an owner from having an interests in more than 2 TV stations in any market); and the dual network rule (limiting a TV station from affiliating with any company that has an interest in more than one of the Big 4 TV networks).  For more on the issues involved, see our article on the radio ownership rules here and one on the TV ownership rules here.  Most broadcast groups supported a relaxation of the rules, while many “public interest” groups opposed any such relaxation.  The filed comments can be found here.  Reply comments are due January 16.
  • The FCC announced that comments are due February 13 responding to the following AM and FM station community of license change proposals: WKQK(AM), from Cocoa Beach, Florida, to Melbourne Beach, Florida; WRKY(AM), from Lancaster, Pennsylvania, to Lititz, Pennsylvania; WXRS(AM), from Swainsboro, Georgia, to Meldrim, Georgia; KAZK(FM), from Willcox, Arizona, to San Manuel, Arizona; KUBQ(FM) from La Grande, Oregon, to Lostine, Oregon; KXQX(FM), from Tusayan, Arizona, to Big Water, Utah; KXUT(FM), from Page, Arizona, to Orderville, Utah; WEGG(FM), from Bowman, Georgia, to Royston, Georgia; WNJD(FM), from Cape May, New Jersey, to Hartly, Delaware; WROV-FM, from Martinsville, Virginia, to New Castle, Virginia; WUMT(FM), from Marshfield, Massachusetts, to Kingston, Massachusetts; and WMNA-FM, from Halifax, Virginia, to Brookneal, Virginia.
  • The FCC’s Media Bureau reinstated the following channels in the FM Table of Allotments as vacant due to either the cancellation of the associated station authorizations or the dismissal of the associated long-form auction applications: Channel 250A at Eufaula, Alabama; Channel 247A at Coalinga, California; Channel 229C2 at Port St. Joe, Florida; Channel 226A at Warrenton, Georgia; Channel 245C2 at Grand Marais, Minnesota; Channel 258A at Vardaman, Mississippi; Channel 281A at Jefferson City, Missouri; Channel 229C1 at Conrad, Montana; Channel 233C1 at Hatteras, North Carolina; Channel 227A at Meyersdale, Pennsylvania; Channel 274A at New Ellenton, South Carolina; Channel 252C1 at Big Lake, Texas; Channel 252C1 at Farwell, Texas; and Channels 263A and 297C3 at Junction, Texas; Channel 271A at Lockney, Texas.  The Bureau also added Channel 266C3 at Coupeville, Washington as a vacant allotment but later retracted it.  The Bureau also deleted the following channels from the FM Table of Allotments to reflect these changes: Channel 247B1 at Coalinga, California; Channel 245C3 at Grand Marais, Minnesota; Channel 252C2 at Big Lake, Texas; Channel 271C3 at Lockney, Texas; and Channel 266A at Coupeville, Washington.  The FCC will announce at a later date when it will open windows for the filing of applications for construction permits to build new stations on the vacant allotments.
  • The FCC’s Space Bureau and Wireless Telecommunications Bureaus extended the comment deadlines in two proceedings concerning earth station licenses, which are held by some broadcasters:
    • The Space Bureau extended the comment and reply comment deadlines to January 20 and February 18, respectively, for the FCC’s Notice of Proposed Rulemaking proposing to facilitate more intensive use of spectrum in the 24 GHz, 28 GHz, upper 37 GHz, 39 GHz, 47 GHz, and 50 GHz bands (the UMFUS bands), which are used by some earth stations (see our note here).  The Bureau did so to align the comment deadlines in this proceeding with those in the proceeding concerning the FCC’s NPRM proposing changes to its existing regulatory framework for space and earth station licenses (see our note here).  
    • The Wireless Telecommunications Bureau extended the comment and reply comment deadlines to January 20 and February 18, respectively, responding to the FCC’s NPRM proposing to auction a portion the Upper C-Band (3.7-4.2 GHz), which is s intended to fulfill Congress’ mandate in the One Big Beautiful Bill that the FCC complete an auction of that spectrum by July 2027 (see our note here).  The Bureau did so to allow commenters to submit more comprehensive responses to the NPRM’s complex technical, legal, and policy issues without jeopardizing the FCC’s ability to conduct the Upper C-Band auction by July 2027.  

On our Broadcast Law Blog, we looked at some of the issues raised by the Senate Judiciary Committee’s recent hearing on the American Music Fairness Act which looked at the possibility of imposing a SoundExchange royalty on over-the-air broadcasting, as well as the articles referenced above on the President’s Executive Order on marijuana rescheduling and on possible changes to the TV ownership rules.

December 8, 2025 to December 12, 2025

  • The FCC’s Enforcement Bureau entered into a Consent Decree with a public broadcaster to resolve an investigation into whether false Emergency Alert System (EAS) tones were broadcast on each of the broadcaster’s 46 licensed stations and approximately 500 affiliated stations.  The Bureau found that a recorded EAS tone was aired twice on the stations – along with pieces of NOAA tornado warning alert – during a segment of a BBC program titled “Witness” that described chasing the world’s biggest tornado.  The Consent Decree requires that the broadcaster pay an $86,400 voluntary contribution to the U.S. Treasury and enter into a compliance plan to ensure that future FCC rule violations do not occur.  See our article on the Broadcast Law Blog for more on this Consent Decree.
  • There were press reports this week that the AM Radio For Every Vehicle Act will soon be voted on in the U.S. House of Representatives.  As we noted here and discussed here and here, the bill requires that automobile manufacturers retain AM radio in the car dashboard.  As we noted here, the House Committee on Energy and Commerce approved House version of the bill in September 2024.  If passed in the House, the Senate must approve a reconciled version of the bill (one with identical language) before the bill can be signed by President Trump.  The bill enjoys broad bipartisan support in both chambers, so it is possible that it will be passed into law soon.  
  • President Trump signed an Executive Order setting forth Executive Branch actions to preempt State artificial intelligence (AI) laws.  The Executive Order conditions or withholds federal funding awards for broadband expansion from states whose AI laws unconstitutionally regulate interstate commerce, are preempted by existing federal regulations, or are otherwise unlawful in the Attorney General’s judgment.  This would include laws “that require AI models to alter their truthful outputs, or that may compel AI developers or deployers to disclose or report information in a manner that would violate the First Amendment or any other constitutional provision.” This may impact state AI laws affecting broadcasters, such as those dealing with AI in political advertising (which have been adopted in the majority of all states – see our articles here and here about some of the early state laws) and those requiring the labeling of other content that was created with AI.  The Executive Order gives the FCC a role to play – initiating “a proceeding to determine whether to adopt a Federal reporting and disclosure standard for AI models that preempts conflicting State laws.”
  • The FCC’s Enforcement Bureau released a Public Notice announcing a random audit of the EEO programs of 27 multichannel video programming distributors (e.g., cable systems and similar providers).  Like the recent EEO audits of broadcasters (see our article here), these cable audits require systems to identify DEI programs at the systems or their suppliers using questions almost identical to those used in the last broadcast audit.  The selected MVPDs need to report any complaints, formal or informal, about discrimination and any reprimands or other penalties imposed on employees “for failing to comply with or affirm policies or programs regarding race, color, religion, national origin or sex.”  The use in hiring of any “race-based hiring databases” must also be disclosed.  It appears that these questions will now be standard in EEO audits, so broadcasters should anticipate having to respond to them if they are selected in a future audit.  
  • The Media Bureau announced that January 1 is the effective date of the last of the FCC’s revisions to its cable rate regulations that it adopted in a June Report and Order which streamlined its cable rate regulations, many of which are now obsolete or unworkable due to the end of most cable rate regulation years ago.
  • The Media Bureau released a Report and Order granting a petition for rulemaking proposing a change in KQSL(TV)’s city of license by amending the TV Table of Allotments to specify the use of TV Channel 8 at Cloverdale, California instead of at Fort Bragg, California, thus providing Cloverdale with its first local service.  The Bureau concluded that the proposed change created a preferred arrangement of television allotments because it would add the first local service to the larger community of Cloverdale without adversely affecting service to Fort Bragg viewers since another station would remain licensed to Fort Bragg and because KQSL did not propose to modify its technical facilities so it would still provide technical service to the community.  

On our Broadcast Law Blog, we discussed steps broadcasters should be taking now to avoid legal issues with political broadcasting during what will likely be a very active political broadcasting season leading up to the 2026 election.

December 1, 2025 to December 5, 2025

  • The FCC’s Media Bureau announced that the deadline for broadcasters to comply with the new foreign sponsorship identification requirements has been extended from December 8 until June 7, 2026.  In June 2024, the FCC released a Report and Order providing broadcasters with a written certification with standardized language to determine whether those who “lease” program time on their stations are foreign governments or their agents, and also included in the definition of “leased programming” spot advertising not promoting commercial products or services, or bought by political candidates – thus bringing issue ads and paid PSAs under the requirement that broadcasters verify that their sponsors are not foreign governments or their agents (see our Broadcast Law Blog discussion here).  The extension means that use of the new certification language, or other language with comparable meaning, will not be required until June 7, 2026.  The extension also presumably extends the compliance deadline for the verification of the sponsors of paid PSAs and issue ads.  Note, however, that broadcasters since March 2022 have had an obligation to obtain some assurances that buyers of program time are not foreign governments or their agents – though the precise wording for those assurances was not specified by the FCC (see our articles here on the initial obligation and here on a court decision modifying that requirement).  That obligation remains in effect.
  • The Media Bureau reminded broadcasters that its audio description rules will take effect on January 1, 2026 for TV stations affiliated with the Top 4 Networks (i.e., ABC, CBS, Fox, and NBC) operating in Nielsen Designated Market Areas (DMAs) 111 through 120: (111) Tyler-Longview, TX (Lufkin & Nacogdoches, TX); (112) Sioux Falls, SD (Mitchell, SD); (113) Fargo, ND; (114) Springfield-Holyoke, MA; (115) Lansing, MI; (116) Youngstown, OH; (117) Yakima-Pasco-Richland-Kennewick, WA; (118) Traverse City-Cadillac, MI; (119) Eugene, OR; and (120) Macon, GA.  In 2023, the FCC expanded its audio description requirements already in place in the top 100 DMAs to Top 4 Network-affiliated TV stations operating in DMAs 101 through 210, using a gradual process starting with markets 101-110 in on January 1, 2025 and adding ten new markets each year ending with DMAs 201 through 210 on January 1, 2035 (see our note here).  Audio description provides narrated descriptions of a television program’s key visual elements during natural pauses in the program’s dialogue, for the benefit of individuals who are blind or visually impaired.
  • The FCC announced comment and reply comment deadlines for three Notices of Proposed Rulemaking concerning earth station licenses, including those held by broadcasters:
    • Comments and reply comments are due January 2 and February 2, respectively, in response to the FCC’s NPRM proposing to facilitate more intensive use of spectrum in the 24 GHz, 28 GHz, upper 37 GHz, 39 GHz, 47 GHz, and 50 GHz bands (the UMFUS bands), which are used by some earth stations, asking for comment on proposals to take actions to facilitate more intensive use of this spectrum.
    • Comments and reply comments are due January 5 and February 3, respectively, in response to the FCC’s NPRM proposing to auction a portion the Upper C-Band (3.7-4.2 GHz), which is s intended to fulfill Congress’ mandate in the One Big Beautiful Bill that the FCC complete an auction of that spectrum by July 2027.  To deal with existing spectrum users, the FCC proposes to define “incumbent earth stations” as those that were operational as of April 19, 2018 and remain operational, were licensed or registered as of November 7, 2018, and timely certified the accuracy of their information on file with the FCC by May 28, 2019 (incumbent earth stations being ones entitled to interference protection or reimbursement during any C-band transition).
    • Comments and reply comments are due January 20 and February 18, respectively, in response to the FCC’s NPRM proposing changes to its existing regulatory framework for space and earth station licenses, including streamlined application requirements and expedited processing timeframes, extending the license terms for most earth stations, expanding the list of modifications that applicants can make without prior approval, and shifting to a predominantly nationwide blanket licensing approach for earth stations. 
  • The Media Bureau announced pleading deadlines for public comments on the applications seeking FCC approval of Nexstar Media, Inc.’s acquisition of TEGNA Inc., which will result in Nexstar controlling more than two TV stations in 23 DMAs and holding interests in stations with a national audience reach of 54.5%.  The FCC’s rules currently prohibit a broadcaster from having more than two local TV stations in any market and from having interests in stations with a national audience reach exceeding 39%.  The parties note that there are proceedings underway that may change these ownership limitations, and request waivers of the FCC rules as necessary to permit the proposed transaction.  
  • Congressman Jamie Raskin (D-MD) sent the CBS ombudsman a letter asking whether President Trump improperly influenced CBS’ editorial discretion during the President’s 60 Minutes interview on November 2.  As we noted here, Skydance Media committed to appoint an ombudsman to handle bias complaints against CBS in connection with the FCC’s approval of its acquisition of Paramount, CBS’ parent company.  Raskin alleges that CBS made substantial edits to the broadcast of Trump’s interview, including removing questions about corruption after Trump objected.  Raskin also alleges that Trump directed CBS to omit his comments about the network’s $16 million settlement of Trump’s lawsuit against the network for its supposed deceptive editing of the 60 Minutes interview with then-Vice President Harris (see our note here), which, as we noted here, here, and here, is the basis of still pending news distortion complaint at the FCC.
  • The Media Bureau entered into a Consent Decree resolving an FCC investigation into complaints about the license renewal of a Massachusetts FM translator alleging that it rebroadcast an AM station’s signal without consent of the AM station’s licensee – despite repeated demands from the licensee to cease the rebroadcast.  The translator licensee disputed these allegations, saying it had approval for the rebroadcast from the AM station’s prior licensee, so the FCC found the complaint insufficient to deny the license renewal.  However, the Bureau found that the FM translator failed to update the FCC regarding its change in primary station, failed to broadcast the required station identifications, did not properly disclose its primary station in its license renewal application, and failed to pay the required filing fee for its renewal application.  The Consent Decree requires that the FM translator pay a $6,000 voluntary contribution to the U.S. Treasury.

November 24, 2025 to November 28, 2025

  • The FCC released a draft Report and Order that, if adopted at its next regular monthly Open Meeting on December 18, would modify its rules governing Class A TV, LPTV, and TV translator stations. The draft Order, if adopted, will make several modifications to its rules including updating rules for displacement and channel sharing applications; establishing a maximum relocation distance of 49.1 kilometers from a station’s current antenna reference coordinates for all minor modification applications; establishing a formal method for these stations to change their communities of license (and a requirement that a station’s protected contour overlap a boundary of its community of license – and requiring all stations to file for a community of license compliant with this requirement within 6 months of the effective date of this new rule); requiring Class A and LPTV stations to use a call sign matching their service designation (“-LD” for LPTV and “-CD” for Class A) while grandfathering existing call signs; requiring that all LPTV stations broadcast a video programming signal to be considered as operational (test patterns and still pictures with unrelated audio are insufficient for a station to be considered operating); and establishing a formal process to change a station’s classification from LPTV to TV translator (or vice versa).  
  • The FCC’s Public Safety and Homeland Security Bureau released a Public Notice reminding broadcasters to ensure that they comply with cybersecurity best practices to prevent cyberattacks to their broadcasts.  The Notice was issued in response to recent cyberattacks against broadcasters that resulted in the airing of obscene materials and misuse of the EAS signal.  The Bureau states that the recent hacks were caused by compromised STL links accessed through improperly secured Barix equipment, giving the attackers control of the station’s audio and allowing the attackers to broadcast actual or simulated Attention Signals and EAS alert tones, obscene language, and other inappropriate material.  The Bureau urges all broadcasters, especially those using Barix equipment, to adopt network security practices including installing software security patches and making equipment firmware and software upgrades as soon as they become available; adopting robust passwords for accessing their devices; installing EAS, Barix, and other equipment connected to the broadcast signal behind network firewalls; and monitoring EAS equipment and software to detect and report unauthorized access.  Broadcasters can be sanctioned by the FCC if improper security systems allow actors to access their networks and broadcast obscene or other inappropriate material.  See our article here about prior FCC warnings about vulnerabilities in broadcast station transmission systems that could allow a takeover of a station’s programming.  
  • The FCC adopted a Direct Final Rule eliminating certain public safety and homeland security rules that it identified in the Delete, Delete, Delete proceeding as obsolete, outdated, or unnecessary.  The FCC repealed several rules pertaining to the Emergency Alert System that are no longer used in practice by the FCC or EAS participants, including broadcasters.  Some of the eliminated EAS rules include a rule describing nonbinding procedures for voluntary EAS participations, a rule describing nonbinding local area EAS plans that would otherwise exist as part of the state EAS plan, a rule specifying that entities may contact the FCC for guidance on EAS participation (which the FCC deemed not to need codification), and a rule authorizing broadcast stations to transmit EAS alerts using subcarriers (which the Commission said is not used in practice).  As we noted here, the direct final rule process allows the FCC to delete a rule without prior public comment, but allows for a 10 to 20-day comment period after the order’s publication in the Federal Register (in this case, 20 days).  If substantive negative comments are filed against the deletions, the FCC will implement regular notice and comment procedures before the deletions take effect.
  • The Media Bureau released its quarterly Broadcast Station Totals.  The release shows that, compared to the same release from a year ago, there are 57 fewer AM stations and 24 fewer commercial FM stations, but 353 more noncommercial FM stations.  There were also 11 more commercial UHF TV stations but 6 fewer commercial VHF TV stations; and 1 more noncommercial UHF TV stations and 4 more noncommercial VHF TV stations. 
  • President Trump posted on Truth Social an article by Newsmax titled, “Newsmax CEO Ruddy: FCC Lifting TV Cap ‘Disaster’ for Conservatives.” The post stated, “If this would also allow the Radical Left Networks to ‘enlarge,’ I would not be happy. ABC & NBC, in particular, are a disaster – A VIRTUAL ARM OF THE DEMOCRAT PARTY. They should be viewed as an illegal campaign to the Radical Left. NO EXPANSION OF THE FAKE NEWS NETWORKS. If anything, make them smaller!”  Some worried that this indicated that the President was opposed to the FCC relaxing the 39% national television ownership cap as currently being considered (see our article here) – a relaxation necessary for the approval of the currently pending acquisition of TEGNA by Nexstar.  However, several commentators suggested that the President’s concerns were directed only at acquisitions by the television networks, not local television operators like Nexstar (see, e.g., articles here and here).  
  • The FCC’s Media Bureau denied an appeal filed by a New Jersey AM station of the Bureau’s decision to revoke its license under Section 312(g) of the Communications Act because the station was off the air for more than a year.  Section 312(g) provides that a station’s license is automatically cancelled if a station has been silent for 12 consecutive months, but the FCC may reinstate the license to “promote equity and fairness.”  The station argued that the expiration of its transmitter site lease, its inability to secure an alternate site, and disruptions caused by the COVID-19 pandemic justified the Bureau’s exercise of its discretion to reinstate the Station’s license.  The Bureau rejected the arguments, concluding that the station failed to demonstrate that its silence was the result of circumstances beyond its control – noting the FCC’s longstanding policy of declining to reinstate station licenses under Section 312(g) where the station failed to operate due to its licensee’s own action or inaction, finances, or business judgements.  
  • The Media Bureau released an Order dismissing a petition proposing the substitution of Channel 26 at West Point, Mississippi for Channel 16 to address potential interference issues caused by the proposed antenna sharing by petitioner’s TV station and another station.  The petitioner requested that its proposed substitution be withdrawn because its station no longer needed to modify its facilities to share an antenna with another TV station.  

November 17, 2025 to November 21, 2025

  • The FCC and the FCC’s Media Bureau released several Public Notices (here, here, here, and here) announcing revised filing and regulatory deadlines following its reopening after the end of the federal government shutdown.  As we noted last week here, the FCC initially released a Public Notice announcing extensions for filings due during the shutdown, generally through November 18, in anticipation of the large influx of filings that the FCC expected after reopening, but stated that additional guidance on possible further extensions would be provided.  As FCC databases for the most part did not come back online until November 18, this past week’s notices further extended many deadlines, including for station uploads to their Online Public Inspection Files and political files, Special Temporary Authority expirations, and construction permit expirations, as well as the dates for filing applications for LPTV/Translator major changes.  On our Broadcast Law Blog, we took a detailed look at these revised filing and regulatory deadlines.  
  • The Media Bureau announced that comments and reply comments are due December 17 and January 16, respectively, in response to its Notice of Proposed Rulemaking seeking public comment on 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 the number of radio stations one entity may own, in the largest markets, to at most 8), the Local Television Ownership Rule (limiting an entity to owning two TV stations in a DMA), and the Dual Network Rule (prohibiting 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).  We looked at some of the questions in the 2022 Quadrennial Review, including an in-depth look at some of the issues facing the radio industry, in an article on our Broadcast Law Blog here.  
  • The Media Bureau released a Public Notice seeking comment on the current relationship between national TV broadcast networks and affiliated local TV stations – a review which the Bureau states the FCC has not undertaken in over 15 years.  The Bureau seeks to identify barriers that may be imposed by the network-affiliate relationship that prevent local TV stations from meeting their public interest obligations and responding to the needs of their local communities.  Specifically, the Bureau seeks comment on issues including the current status of the relationship between national programmers and local TV affiliates, whether their relative bargaining positions have changed in recent years, whether network affiliation agreements impede local affiliates’ ability to maintain control over station programming, and whether national programmers are punishing local affiliates for exercising their right to preempt network programming.  The Bureau also asks whether the FCC should initiate a rulemaking proceeding to update its rules to address network practices and, if so, what practices should be prohibited.  Comments and reply comments are due December 10 and December 24, respectively. 
  • The Media Bureau announced that comments and reply comments are due January 20 and February 18, respectively, in response to the FCC’s Fifth NPRM on ATSC 3.0, proposing changes to its rules to provide TV stations with additional flexibility during the transition to the new transmission standard.  The FCC asked if it should allow stations to determine when to stop broadcasting in ATSC 1.0 or to require continued simulcasting in both standards but with fewer restrictions on the currently required duplication of their ATSC 1.0 and 3.0 signals.  The FCC also seeks comments on issues including the use of encryption and digital rights management, requirements for multichannel video programming distributors like cable and satellite TV to support ATSC 3.0 signals, requirements for manufacturers to include ATSC 3.0 tuners in new TVs, and the sunset of ATSC 1.0 service.
  • The FCC released an NPRM proposing to auction a portion the Upper C-Band (3.7-4.2 GHz).  We stated in our note of the draft NPRM’s release (here) that the proposal to auction Upper C-Band spectrum is intended to fulfill Congress’ mandate in the One Big Beautiful Bill that the FCC complete an auction of that spectrum by July 2027.  To deal with existing users of the spectrum, the NPRM proposes to define “incumbent earth stations” as those that were operational as of April 19, 2018, and remain operational, were licensed or registered as of November 7, 2018, and timely certified the accuracy of their information on file with the FCC by May 28, 2019 (incumbent earth stations being ones entitled to interference protection or reimbursement during any C-band transition).  
    • Also, 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 would likely define those who are incumbent earth stations.  This corrects a list issued in September (see our note here) which improperly omitted many incumbent earth stations, including many used by broadcasters.  The updated list, including many used by broadcasters that previously had been omitted, can be found here.  The Bureau 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.
  • Nexstar and TEGNA announced that they had filed applications with the FCC to transfer control of TEGNA to Nexstar.  TEGNA currently owns 64 TV stations, one AM radio station, one FM radio station, and related auxiliary licenses.  TEGNA and Nexstar state that the proposed transaction would result in Nexstar controlling more than two TV stations in 23 Nielsen Designated Market Areas (DMAs), and would result in Nexstar holding interests in stations with a national audience reach of 54.5%.  The FCC’s rules currently limit local TV station ownership to two stations per market and generally prohibit broadcasters from having interests in stations with a national audience reach exceeding 39%.  While the parties note that there are proceedings underway that may change these ownership limitations, they request waivers of the FCC rules as necessary to accommodate the proposed transaction.  Additionally, although the U.S. Court of Appeals for the Eighth Circuit vacated and remanded the FCC’s decision in the 2018 Quadrennial Review Order to retain the Top-4 Prohibition (effectively doing away with the prohibition on broadcasters owning two of the top-4 affiliated TV stations in a DMA, see our note here), the parties also request a waiver of that requirement to the extent required.
  • FCC Chairman Carr sent PBS and NPR a letter demanding to know whether they aired the 12-second video clip of a 2021 speech by President Trump just before the January 6 storming of the Capitol as edited by the BBC to put two lines from different parts of the speech back to back in a manner that Trump has claimed is deceptive and over which he threatened to sue the BBC.  Carr suggests it would be “news distortion” if PBS and NPR aired the BBC programming and requests that they provide transcripts and video of any such broadcasts.  
  • Chairman Carr also responded to letters from members of Congress on several broadcast-related issues:
    • Several members of Congress sent letters to Chairman Carr (see here, here, here, and here) regarding Carr’s apparent suggestion 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 (see our notes here and here).  Carr responded (see here, here, here, and here) that Democrats incorrectly claimed that the FCC threatened to revoke ABC/Disney’s broadcast licenses if it did not fire Kimmel.  Carr stressed that the FCC has an important role to play in ensuring that local broadcast stations operate in the public interest, including by being able to preempt national network programming that they deem to be inconsistent with their local viewers’ values.
    • Congressman Ellzey (R-TX) and Congresswoman Hoyle (D-OR) sent a letter to Chairman Carr recommending that the FCC adopt a new Emergency Alert System (EAS) code for Missing and Murdered Indigenous Women and People (MMIWP), arguing that the existing Missing and Endangered Persons (MEP) code does not appropriately address the disproportionate rates at which American Indians and Alaska Natives go missing.  Carr responded that the FCC did not adopt a separate MMIWP code because the MEP code was designed to cover MMIWP, and many tribes and tribal organizations were consulted in the process. 
    • Senator Rounds (R-SD) and Congressman Johnson (R-SD) sent a letter to Chairman Carr inquiring why northern Union County, South Dakota was designed as part of the Sioux City, IA DMA instead of the Sioux Falls, SD DMA, to which they claimed that viewers in northern Union County have stronger ties.  Carr responded stating that the FCC cannot change the DMA map, which was created by Nielsen based on audience surveys.  Carr, however, stated that a broadcaster, cable operator, or satellite provider (or the county government in the case of a satellite market modification petition) can petition the FCC to modify the communities in a TV station’s market for cable and satellite TV carriage purposes – which could allow in-state stations in Sioux Falls to be carried in Union County with the consent of the station. 
  • The FCC’s Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting against a Williamsburg, Virginia landowner for allegedly allowing a pirate to broadcast from its property.  The Bureau warned the landowner that the FCC could issue a fine of up to $2,453,218 under the PIRATE Radio Act if the landowner continues to permit pirate radio broadcasts from its property.
  • The Enforcement Bureau also issued a Notice of Violation against a California FM translator station after a field agent observed that the translator was emitting signal on frequencies removed from its licensed frequency at levels not permitted by the FCC’s technical rules.  The translator’s licensee must explain to the Bureau its corrective actions and how it will prevent future violations from occurring.  

November 10, 2025 to November 14, 2025

  • Congress passed a bill ending the federal government shutdown which began on October 1, ensuring that the government will remain open through at least January 31, 2026.  Given the unprecedented length of the shutdown – the longest in U.S. history – the FCC released a Public Notice announcing extensions of filing and other regulatory deadlines in anticipation of the large influx of filings that the FCC expects after reopening.  All deadlines and filings that are due between October 1 and November 17 are generally extended until at least November 18, and grants of Special Temporary Authority expiring between October 1 and November 17 are generally extended until at least November 18.  The Notice states that the FCC and its Bureaus will issue additional guidance before November 18 on possible further extensions for specific matters.  As the FCC’s website indicates that some filing databases used by broadcasters, including the Licensing and Management System and the Online Public Inspection File, will not become operational until November 18 (see here and here), we expect further extensions of many deadlines.  The Notice also states that the FCC staff will work with filers and provide them with flexibility when possible, and asks, until further guidance is issued, that filings be limited to instances where immediate FCC authority is needed.  For more on what to expect with the FCC’s reopening, see our article on our Broadcast Law Blog here. 
  • The Farm Bill passed this week to fund the U.S. Department of Agriculture through September 30, 2026 includes a provision limiting hemp-derived products’ legally allowed THC, and including products like delta 8 and other synthetic cannabis derivatives within the prohibition.  This action will appear to limit the sale of many cannabis products.  The provision, which will take effect in November 2026, will impact broadcasters’ ability to advertise hemp-based CBD products due to the narrowed scope of products that will now be considered legal.
  • A bipartisan group of former FCC Commissioners called for the FCC to eliminate its news distortion policy, arguing that the policy infringes upon broadcasters’ First Amendment rights.  They also contend that it is now being improperly used to suppress viewpoints critical of President Trump.  As we noted here, here, here, and here, a news distortion complaint is still pending before the FCC against CBS alleging that 60 Minutes deceptively edited an interview with then-Vice President Harris just before last year’s Presidential election.  As we noted here and here, that complaint was dismissed during former FCC Chairman Rosenworcel’s tenure, but was promptly reinstated once Carr took over the agency.  However, a similarly dismissed complaint against a Fox TV station, alleging that cable channel Fox News aired false statements regarding Dominion Voting Systems following the 2020 Presidential Election, was not reinstated.  Last week we noted that some Democrats suggested that the FCC should review 60 Minutes’ recent interview of President Trump because, if there were issues about “news distortion” because of the editing of the Harris interview, the Trump interview raised similar issues and should be treated similarly.  FCC Commissioner Gomez released a statement in response to the bipartisan call for action, stating that “this FCC has deployed a vague and effective News Distortion policy as a weapon to stretch its licensing authority and pressure newsrooms, but “as federal regulators,” we must “respect the rule of law, uphold the Constitution, and ensure that a free press is never subjected to regulatory interference by the FCC.”  Chairman Carr posted on X that he will continue to hold broadcasters accountable for their public interest obligations and found it “rich for the exact same people that pressured prior FCCs to censor conservatives ‘through the news distortion policy’ to now object to the agency’s even-handed application of the law.”
  • The U.S. Supreme Court denied a petition challenging the FCC’s implementation of the Low Power Protection Act (LPPA) passed by Congress in 2023 (see our note here).  The petitioner requested that the U.S. Supreme Court overturn a June decision of the U.S. Court of Appeals for the D.C. Circuit rejecting the petitioner’s arguments that the FCC erred in concluding that only LPTV stations in DMAs with fewer than 95,000 households were eligible to file for Class A status under the LPPA (see our note here).  
  • The FCC’s Enforcement Bureau entered into a Consent Decree with a with a Massachusetts pirate radio operator to resolve its investigation of his illegal operations.  In April 2024, the Bureau proposed a $40,000 fine against the individual for engaging in pirate broadcasting.  Due to the individual’s demonstrated inability to pay the fine and because he ceased pirate operations, the fine was reduced by the Consent Decree to $7,200 but the individual must pay a further penalty of $40,000 if he engages or assists anyone else in pirate broadcasting during the Consent Decree’s 20-year term.

November 3, 2025 to November 7, 2025

  • The federal government shutdown continues for its sixth week, and most FCC employees are not working.  There have been some signs that the political parties in Washington are looking for  way to resolve the current impasse, so if you have applications that could not be filed because of the shutdown, be watching developments closely to see when it may be possible to submit those applications.  Broadcasters also need to be ready to update their online public inspection files with documents that were due during the shutdown, which in many states will include many political file documents relating to this past Tuesday’s elections. These will be due the day after the day that the FCC reopens.  See our special update posted on our Broadcast Law Blog for a discussion of some of the issues that may arise once the FCC reopens.
  • In an SEC filing, Tegna revealed that the US Department of Justice has issued a “second request” for documents about its proposed sale to Nexstar.  A second request signals that the DOJ has additional questions about the antitrust issues raised by the proposed combination of these two television operators. These second requests usually entail significant document production and written responses to DOJ questions, thus slowing DOJ action on its review of the transaction.  While a second request is not unusual, many if not most large acquisitions and mergers are approved based on the initial filings.  
  • Some Democrats suggested that the FCC should conduct a review of last weekend’s 60 Minutes interview of President Trump suggesting that, if there are issues about “news distortion” from the 60 Minutes editing of the interview with then Vice President Harris just before last year’s Presidential election, the editing of the interview with President Trump raised similar issues.  We provided information here, here, here, and here in notes about the still-pending news distortion complaints about the Harris interview 

October 27, 2025 to October 31, 2025

  • Although the federal government shutdown continues for its fifth week, and most FCC employees are not working, the Commission, as required by law, held its regular monthly open meeting.  At that meeting, as summarized below, the Commissioners adopted three Notices of Proposed Rulemaking – one on ATSC 3.0 and two relevant to earth station operations (we previously noted the release of the drafts of these Notices here).  
    • The FCC adopted a Fifth NPRM on ATSC 3.0, proposing changes to its rules to provide TV stations with additional flexibility during the transition to the new transmission standard. The Commission asked if it should allow stations to determine when to stop broadcasting in ATSC 1.0 or to require continued simulcasting in both standards but with fewer restrictions on the currently required duplication of their ATSC 1.0 and 3.0 signals – both in terms of duplication of programming and in station coverage.  The FCC also seeks comments on issues including the use of encryption or digital rights management, requirements for multichannel video programming distributors like cable and satellite TV to support ATSC 3.0 signals, and on the sunset of ATSC 1.0 service. 
    • The FCC adopted an NPRM proposing to facilitate more intensive use of spectrum in the 24 GHz, 28 GHz, upper 37 GHz, 39 GHz, 47 GHz, and 50 GHz bands (the UMFUS bands), which are used by some earth stations, asking for comment on proposals to take actions to facilitate more intensive use of this spectrum. 
    • The FCC also adopted an NPRM proposing changes to its existing regulatory framework for space and earth station licenses, including streamlined application requirements and expedited processing timeframes, extending the license terms for most earth stations, expanding the list of modifications that applicants can make without prior approval, and shifting to a predominantly nationwide blanket licensing approach for earth stations.  

Comment dates in these proceedings will be set by their publication in the Federal Register, which will likely not occur until after the FCC reopens after the shutdown.

  • Also related to earth stations, the FCC released a draft NPRM proposing to auction a portion the Upper C-Band (3.7-4.2 GHz).  That band is used by earth station operators, including broadcasters, whose operations have already been curtailed by prior auctions of the Lower C-Band for use by wireless operators (an action that lead to payments to “incumbent” earth station operators whose facilities had been registered, reimbursing them for the costs of changing their operations to replace those that had been in the Lower C-Band).  The new proposal to auction Upper C-Band spectrum is intended to fulfill Congress’ mandate in the One Big Beautiful Bill that the FCC complete an auction of that spectrum by July 2027.  The FCC proposes to clear incumbent earth station operators from the band over a five and a half-year period and, as with the prior migration from the Lower C-Band, the FCC proposes that new band users reimburse incumbent earth station operators for their transition costs.  The FCC proposes to define incumbent earth stations as those that were operational as of April 19, 2018, and remain operational, were licensed or registered as of November 7, 2018, and timely certified the accuracy of their information on file with the FCC by May 28, 2019 (a condition for reimbursement during the previous C-band transition).  
  • During a speech this week at the Media Institute’s Free Speech America Gala in Washington, DC, FCC Commissioner Trusty stated that content-based regulation of broadcasters that would never be permitted on other forms of media is allowed by longstanding Supreme Court precedent.  While the First Amendment still applies to broadcasters, because of the scarcity of broadcast spectrum, some regulation by the FCC is permitted under the Congressionally mandated “public interest” standard.  Whether informal pressure on broadcasters to deter disfavored speech (a practice known as “jawboning) exceeds the permissible bounds of FCC regulatory power “is a more difficult question.”  Trusty said that she preferred that broadcasters exercise “careful judgment” in their programming decisions and take their public interest obligations seriously, so that the FCC did not need to exercise its regulatory authority.  She said that the FCC should look for ways to give broadcasters the flexibility to make these programming decisions and to operate in the public interest.  

October 20, 2025 to October 24, 2025

  • Although the federal government shutdown continues for its fourth week, the FCC announced that it still intends to hold its regular monthly Open Meeting on October 28.  As we noted here, the FCC released three drafts of Notices of Proposed Rulemaking affecting broadcasters earlier this month (one on ATSC 3.0 and two relevant to earth station operations) which it intends to vote on at the next Open Meeting.  Despite the shutdown, there was some lobbying activity this week at the FCC on these items – particularly relevant to broadcasters was the advocacy on the ATSC 3.0 item:
    • On the draft Fifth Further NPRM proposing changes to its rules governing TV stations transitioning to the ATSC 3.0 standard, Public Knowledge, a public interest group, expressed its concerns over the National Association of Broadcasters’ encryption proposals for ATSC 3.0 (NextGen TV) (see its comments here and here), arguing that NAB’s proposals would render broadcasting a closed form of media by allowing private companies to control the certification of reception devices and encryption of programming, which threatens to limit the manufacturers of devices and functions that will be available to consumers.  CTA, representing the consumer technology industry, expressed their concerns regarding NAB’s proposal to mandate ATSC 3.0 tuners in consumer devices. 
  • In two interviews this week, FCC Chairman Carr made comments on the FCC’s regulation of broadcasters: 
    • On the Hugh Hewitt Show, Carr discussed how the FCC could regulate broadcasters’ public interest obligations.  Carr suggested that the FCC could auction off broadcasters’ spectrum allowing those who do not want to comply with public interest obligations to buy it.  Carr also characterized the Jimmy Kimmel matter as “news distortion.”  As we discussed here and here, ABC/Disney suspended, and then later reinstated, Kimmel’s late-night show 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.  
    • On the Media Research Center’s NewsBusters podcast, Carr stated that the FCC was reinvigorating the public interest standard, and broadcasters could no longer follow narrow partisan narratives as FCC license holders.  Carr also stated that he was open to the idea that broadcasters could lose their licenses for not operating in the public interest but recognized that the process for revoking a license was not a quick one.  Carr again suggested that broadcasters might be able to “buy their way out” of the public interest standard by the FCC auctioning off their broadcast spectrum.  On the issue of network affiliation agreements, Carr stated that national programmers exert too much control over local broadcasters, and the FCC was considering strengthening local TV stations’ preemption rights in the wake of the Jimmy Kimmel matter.  On the issue of regulating AI-generated content in political advertising, Carr stated that the FCC’s authority to do so was very limited, and the issue would be better addressed by the FEC or Congress.

October 13, 2025 to October 17, 2025 – Special Shutdown Issue

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 not produce significant news this week while focused on the shutdown and other activity, we thought that we should provide some reminders on specific regulatory activity that is curtailed by the shutdown and about some of the issues that may arise once it is resolved.

The federal government shutdown entered its third week without any indication from Congress that it would end soon.  As we discussed on our Broadcast Law Blog here, before the shutdown began, the FCC released a Public Notice stating that it would “suspend most operations” during the shutdown, and explaining how dates and deadlines would shift due to the shutdown.  Some specific deadlines affected by the shutdown, and issues that have been raised about the transition back to normal operations once the shutdown ends, are set out below:

  • Most broadcast filing deadlines occurring during the shutdown (including EEO Public File Reports that were due October 1 and Quarterly Issues/Programs Lists due October 10) are now due the next business day after the FCC resumes normal operations.  
  • Comment deadlines in FCC rulemaking proceedings (including the October 10 reply comment deadline for the FCC’s Notice of Proposed Rulemaking reexamining the Emergency Alert System) are also due the next business day after the FCC resumes normal operations.  
  • Responses to targeted enforcement actions are still to be submitted on time, but the extent of what is meant by a “targeted” enforcement action is unclear.  October 17 was the deadline for the 300 radio and TV stations identified in the FCC Enforcement Bureau’s 2025 EEO audit notice (see our note here) to upload their responses to their Online Public Inspection Files (OPIFs).  But stations subject to the audit cannot currently upload their responses as the OPIF system is unavailable during the shutdown.  The Enforcement Bureau has not issued any formal clarification as to whether these audits are considered “targeted” and, if so, how stations are supposed to file their responses with the OPIF being down, though responses to the new DEI questions, as we noted here, can now be submitted by email rather than uploaded to the OPIF to protect confidential information.  
  • Similarly, the FCC has not explained if and how dates in the FCC’s major change filing window and associated filing freezes on Class A, LPTV, and TV translator stations will be rescheduled after the FCC reopens (as discussed here, these include the filing freeze on minor change applications and LPTV and TV translator displacement applications which was supposed to begin on October 15, and the major change filing window which is supposed to begin on October 22 – assuming the shutdown hasn’t ended by then).  There is also no announcement as to whether delays in the major change window will affect the opening of the window for seeking new LPTV and TV translator stations that is now scheduled to open in January – the first opportunity to file for new LPTV and TV translator stations in over 15 years.  
  • Comment deadlines in several FCC rulemaking proceedings that began just before the shutdown have not been set as the notices of proposed rulemaking have not been published in the Federal Register, as the Federal Register is also affected by the shutdown.  The delays affect proceedings including the rulemaking to address the local radio and TV ownership rules where the FCC seeks to determine if it should relax those rules (see our article here – comments are to be filed 30 days after the Notice of Proposed Rulemaking is published in the Federal Register).
  • The FCC appears ready to have its regular monthly open meeting on October 28 which, as we noted here, is supposed to address issues of importance to broadcasters, including the ATSC 3.0 transition and earth station licensing issues.  Details of how that meeting will be held physically when the government is supposed to be shutdown have not yet been released.  While Commissioners have been taking meetings despite the shutdown on the issues to be considered at the meeting, it is unclear if all staff involved in these issues are also available for meetings.  Notices of Proposed Rulemaking adopted at the October 28 meeting will also likely have delayed comment periods should the shutdown extend that long.  
  • Routine applications for the assignment or transfer of broadcast stations cannot be filed during the shutdown, so the 30-day public comment period on “long-form” sales (ones that affect actual control of stations rather than simply being changes in the form in which that control is held) cannot begin to run on any of these deals.  There have been several prominent deals announced but not filed due to the shutdown, and there are likely many others that have been reached but not announced publicly.  It is also unclear how the shutdown will affect comments on applications already on file, as those applications have not been available for review by the public during the shutdown because of the unavailability of the FCC’s online application files.  
  • When the FCC’s systems are not available, broadcasters are supposed to maintain their political file in an alternative format so that it can be viewed by interested parties.  The political file is the only portion of the public file where such alternatives must be maintained.  So, while broadcasters should be maintaining their political files, the public must make special arrangements to see those documents.  These documents are all supposed to be uploaded to the online public file on the day after the day that the FCC reopens – though, if the shutdown persists, that upload may end up being after much of the voting in hotly contested political races in early November in Virginia, New Jersey, and New York City, and on a redistricting ballot issue in California.  
  • Many questions are being raised as to whether the filing deadline on the day after the day the FCC reopens for all documents due during the shutdown is realistic given that, whenever there is a heavy volume of documents that are due to be uploaded to FCC document processing systems, the FCC’s systems tend to run slow or crash.  Already there are many deadlines that have passed where documents were not able to be uploaded, and the longer the shutdown runs, the greater the accumulation of documents that will be due immediately after the reopening.  Will the FCC’s systems be able to handle the extraordinary volume of filings that will be due on that day after the day that the FCC reopens?

These and other issues will need to be addressed by the FCC following the end of the shutdown.  Broadcasters should consult with their legal counsel on how to approach these issues and others that we may not have mentioned.  In addition, they should be on alert for any guidance that may come from the FCC.  

October 6, 2025 to October 10, 2025

  • The FCC released three drafts of Notices of Proposed Rulemaking (one on ATSC 3.0 and two relevant to earth station operations) which, despite the federal government shutdown, it intends to vote on at its regular monthly Open Meeting on October 28:
    • The FCC released a draft Fifth Further NPRM proposing changes to its rules governing TV stations transitioning to the ATSC 3.0 standard.  The Notice says that it is intended to remove regulatory barriers to provide TV stations with additional flexibility during the ATSC 3.0 transition, including by allowing stations to determine when to stop broadcasting in ATSC 1.0 or to continue simulcasting in both standards with fewer restrictions on their ATSC 1.0 signal.  The FCC also seeks comment on issues including the use of encryption or digital rights management, potential requirements for new TV and multichannel video programming distributors to support ATSC 3.0 signals, the sunset of ATSC 1.0 service, and other matters related to the ATSC 3.0 transition. 
    • The FCC released a draft NPRM proposing to modernize the regulatory framework for space and earth station licenses.  The FCC is proposing sweeping changes to its existing regulatory framework, including expedited licensing procedures, streamlined application requirements and processing timeframes, extending the license terms for most earth stations, expanding the list of modifications that applicants can make without prior approval, and shifting to a predominantly nationwide blanket licensing approach for earth stations and a simplified approach to earth station authorizations generally.  
    • The FCC released a draft NPRM proposing to facilitate more intensive use of spectrum in the 24 GHz, 28 GHz, upper 37 GHz, 39 GHz, 47 GHz, and 50 GHz bands (the UMFUS bands), which are used by some earth stations.  The FCC proposes permitting more intensive use of the UMFUS bands through means such as spectrum sharing agreements among band users and reducing burdens on the earth station application process by eliminating required showings.  The FCC also seeks comment on how the UMFUS bands can be more intensively used, and whether the NPRM’s proposals will lead to greater earth station deployment or will instead negatively impact current operations.  
  • The FCC appealed an April decision of the U.S. Court of Appeals for the Fifth Circuit, which raised significant questions about the FCC’s ability to fine regulated entities for FCC rule violations.  As we noted here, the Fifth Circuit overturned a $57 million FCC-imposed fine on AT&T for not adequately protecting the location data of some of its mobile phone users, finding that the imposition of the fine violated the company’s 7th Amendment right to a jury trial.  Following the Fifth Circuit’s decision, the U.S. Courts of Appeals for the D.C. Circuit and Second Circuit issued separate decisions upholding FCC fines imposed on T-Mobile and Verizon for similar violations, creating a “circuit split” which often provides grounds for the Supreme Court to decide to hear an appeal.  The FCC asks the Supreme Court to determine whether the FCC’s authority to issue fines under the Communications Act is consistent with the Seventh Amendment and Article III of the U.S. Constitution. 
  • The Senate Commerce Committee held a hearing titled “Shut Your App: How Uncle Sam Jawboned Big Tech Into Silencing Americans.”  The hearing examined how government agencies have used tactics to pressure Big Tech into censoring speech protected by the First Amendment, a practice known as “jawboning.”  The hearing was largely a discussion by Republican members about the deplatforming by online platforms of what the platforms viewed as misinformation, and by Democratic members about FCC Chairman Carr’s recent threat against ABC and its affiliates concerning Jimmy Kimmel’s monologue (see our notes here and here).  A video of the hearing, including the witnesses’ written testimonies, can be found here.
  • The California legislature passed a law prohibiting loud commercials on video streaming services.  The law mandates that commercial volume levels on video streaming platforms be at the same levels as the movies or TV shows being streamed.  The law will go into effect next July.  It requires streaming platforms to comply with the FCC’s rules issued under the Commercial Advertisement Loudness Mitigation of 2010 (CALM Act), which currently apply only to broadcast and cable television.  The California law does not include any unique enforcement mechanisms, nor does it create any private right of action for viewers harmed by loud commercials on streaming platforms.  As we noted here, earlier this year, the FCC adopted a still pending NPRM seeking comment on updating the FCC’s CALM Act rules, including asking whether the FCC has authority to regulate streaming providers.  Former FCC Commissioner Starks issued a statement at that time about his concerns over the FCC’s authority to regulate these Internet platforms.

September 29, 2025 to October 3, 2025

  • 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.  

September 22, 2025 to September 26, 2025

  • 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. 

September 15, 2025 to September 19, 2025

  • 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. 

September 8, 2025 to September 12, 2025

  • 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. 

August 25, 2025 to September 5, 2025

  • 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 26.  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 released a Public Notice clarifying its ATSC 3.0 application processing practices.  The Bureau stated that it uses the Longley-Rice terrain analysis to determine if a station transitioning to ATSC 3.0 will provide continued simulcast ATSC 1.0 service to 95% of the population within its current ATSC 1.0 service contour, which qualifies the station for expedited processing for its transition application (typically processed within 15 business days after public notice of their filing).  The Bureau reviews non-expedited applications on a case-by-case basis and processes them as quickly as possible.  The Notice reminded applicants that, when submitting non-expedited applications, applicants should show how those who lose ATSC 1.0 service can otherwise maintain their access to television service (e.g., through service from another full-power station with the same network affiliation or from an LPTV or TV translator, or through the distribution of free converter boxes).  FCC Chairman Carr released a statement claiming that the Bureau’s clarifications in the Notice will accelerate the ATSC 3.0 transition.  
    • 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.  
    • 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.  

In each case, the applicant(s) with the next highest number of points were designated 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.  

August 18, 2025 to August 22, 2025

  • The Radio Music License Committee announced settlements with both ASCAP and BMI of rate court litigation over the royalties to be paid these organizations by commercial radio companies for the public performance of musical works.  The rates for both will be increasing, though the ASCAP rates have not been made public.  BMI rates will increase from approximately 1.7% of revenue to 2.2%.  The settlements are retroactive to 2022, with the BMI agreement providing that commercial radio stations will, beginning in October, need to make payments over 18 months to account for the rates agreed to for 2022, 2023, and 2024, which exceeded the carry-over interim rates for those years that have been paid by radio operators.  For more on these settlements, see our Broadcast Law Blog article here.
  • The FCC each week updates its list of “items on circulation,” i.e., orders that have been drafted by the FCC staff and are under review by the FCC Commissioners.  One of the items added to the list this week is an Order on the annual Regulatory Fees.  This means that we should see details of those fees as soon as the Commissioners can review and vote on the proposed order.  These fees must be paid prior to the October 1 start of the federal government’s fiscal year, so expect this order and subsequent notices about payment deadlines to be released in the next few weeks.
  • The FCC announced that comments and reply comments are due September 18 and October 3, respectively, on its Notice of Proposed Rulemaking proposing significant revisions to the FCC’s procedures under the National Environmental Policy Act and the National Historic Preservation Act.  The proposed changes are aimed at streamlining the process for determining if constructing communications facilities, including broadcast towers, will affect the environment and historical sites.
  • The FCC announced that comments are due September 9 responding to its Direct Final Rule repealing 98 broadcast rules that it identified in the Delete, Delete, Delete proceeding as obsolete, outdated, or unnecessary.  The deleted rules will become effective on October 20 unless substantive comments against the deletions are filed, in which case the FCC will provide additional notice of the changes and ask for and consider public comment before the deletions take effect.  The deleted rules include over-the-air subscription TV approval procedures, the requirement that radio and TV stations be equipped with specific instruments for determining station power levels, several international broadcast station technical requirements, rules requiring specific station operating power calculation methods, and certain rules that simply provide references to FCC policies (the underlying policies are not affected by the deletion of these references). 
  • The FCC’s Media Bureau released an Order deleting certain cable and satellite rules which were vacated by two court decisions issued more than a decade ago: the FCC’s former temporary standstill rule for program carriage complaint proceedings that was vacated by the U.S. Court of Appeals for the Second Circuit in 2013, and the FCC’s former limits on cable and satellite providers using encoding to prevent or limit copying of their programming that was vacated by the U.S. Court of Appeals for the D.C. Circuit in 2003.  The Bureau deleted these vacated rules to further the FCC’s goal in the Delete, Delete, Delete proceeding of removing rules that “no longer have any operative effect.”  Unlike the FCC’s procedures in “direct final rule” proceedings, the Bureau stated that these rule eliminations were not subject to any form of public comment because it merely eliminated rules lacking any legal effect as the courts had vacated them. 
  • The U.S. District Court for the District of Columbia dismissed a lawsuit filed by SGCI Holdings III LLC, the Standard General company that sought to acquire the TEGNA television stations, and its managing member Soohyung Kim, against the FCC, former FCC Chairwoman Rosenworcel and former FCC Media Bureau Chief Holly Sauer, broadcast station owner Byron Allen and his company (an allegedly unsuccessful bidder for the TEGNA stations), and a number of other individuals and groups including parties who argued before the FCC against the approval of the transaction, alleging that they conspired to cause the FCC to “pocket veto” the transaction by designating it for hearing for discriminatory reasons because Mr. Kim was not the “right type of minority” (we wrote about the hearing designation here).  The Court found that the First Amendment protected most of the comments made before the FCC arguing against the approval of the deal, and it further concluded that the plaintiff had not shown evidence of racial discrimination. 
  • The FCC, through publication in the Federal Register, announced that comments are due October 20 in response to the following proposed radio station community of license changes: KTSN(AM), from Lockhart, Texas, to San Leanna, Texas (proposal here); WQVR(AM), from Webster, Massachusetts, to Paxton, Massachusetts (here); WRHC(AM), from Coral Gables, Florida, to Doral, Florida (here); KPYG(FM), from Cayucos, California, to Santa Margarita, California (here); KWWV(FM), from Santa Margarita, California, to Cayucos, California (here); and KILX(FM), from De Queen, Arizona, to Lockesburg, Arizona (here).
  • The Media Bureau entered into a Consent Decree with a North Carolina LPFM station for violating the FCC’s assignment and transfer of control rules.  The Bureau found the station’s former and current licensees entered into an affiliate agreement where the station’s current licensee ceded complete control over the station’s programming to its former licensee, allowing the station’s former licensee to regain control of the station without prior FCC approval.  The Consent Decree requires that the station pay a $2,000 voluntary contribution to the U.S. Treasury and to implement a compliance plan to ensure compliance with the FCC’s assignment and transfer rules.  The Bureau will also grant the station’s license renewal application, but only for a 1-year term so that it can ensure the station’s continued compliance with the rules. 
  • Democratic politicians sought information as to whether President Trump unlawfully influenced the FCC’s approval of the Paramount-Skydance Media merger last month (we noted the approval here): 
    • Congressmen Pallone (D-NJ) and Raskin (D-MD) sent Paramount Skydance CEO David Ellison a letter requesting information on recent reports and statements by President Trump that the company offered to provide the President with free access to $15 to $20 million worth of public service announcements on CBS stations in exchange for approval of the merger, as well as on Paramount’s $16 million settlement of President Trump’s lawsuit against CBS (which we noted here), changes to CBS polices that align with the Trump Administration’s political agenda, its ending initiatives aimed at promoting diversity, equity, and inclusion, and its promises to eliminate “perceived bias” in its reporting.  Pallone and Raskin state that these actions, if done to curry favor with the President to receive FCC approval, would violate federal and state anti-bribery statutes. 
  • Senator Schiff (D-CA) sent FCC Chairman Carr a letter requesting information on the role President Trump may have played in influencing the FCC’s approval of the merger referencing FCC news releases indicating that the merger’s approval was conditioned on Skydance’s efforts to “eliminate invidious forms of DEI discrimination” – statements which Schiff maintains suggest an active and unlawful effort by the FCC to shape the company’s future programming content in alignment with President Trump’s earlier criticisms of Paramount.  Schiff requests that Carr provide information on communications between the White House and the FCC on conditions for approving the merger.  Schiff also requests information on Carr and Ellison’s meeting just a week before the FCC approved the merger, including whether the meeting included discussions regarding the need for the company to make programming, editorial commitments, or content oversight concessions in exchange for the merger’s approval.

August 11, 2025 to August 15, 2025

  • The FCC released the full text of its Notice of Proposed Rulemaking adopted at its regular monthly Open Meeting earlier this month proposing significant revisions to the FCC’s procedures under the National Environmental Policy Act and the National Historic Preservation Act.  The proposed changes are aimed at streamlining the process for determining if constructing communications facilities, including broadcast towers, will affect the environment and historical sites.  Comments and reply comment dates will be announced when the NPRM is published in the Federal Register.
  • The FCC’s Media Bureau granted permission for Connoisseur Media to assume control of Alpha Media and its radio stations.  The grant included a waiver of the Local Radio Ownership Rule to allow the company to control 8 stations in the Tyler-Longview market, where the rules currently limit ownership to 7 full-power commercial stations, finding that this combination merely preserved the status quo in the market, leaving in place an ownership situation not caused by Alpha, but created when BIA reclassified two out-of-market stations as being home to the market.  As the Tyler-Longview market is highly diverse in ownership and programming, preserving the status quo would not have any anticompetitive effects on the market nor frustrate the Local Radio Ownership Rule’s purpose.  
  • The President of the Arizona State Senate sent FCC Chairman Carr a letter requesting that the FCC investigate the Arizona State University-owned PBS affiliate in Phoenix for its coverage of the 2022 Arizona governor’s race.  The letter alleges that the station interviewed Democratic gubernational candidate (now Arizona governor) Katie Hobbs on the air after Hobbs declined to debate Lake, while refusing to interview Lake because University officials disagreed with her denial of the 2020 Presidential Election results.  The letter requests that the FCC investigate the station for viewpoint discrimination and recommends that the FCC revoke the station’s license to protect Arizona viewers from media manipulation.  
  • The FCC’s Enforcement Bureau issued two Notices of Illegal Pirate Radio Broadcasting to property owners in Bridgeport, Connecticut and Springfield, Illinois for allegedly allowing pirates to broadcast from their properties.  The Bureau warned the property owners that the FCC may issue fines of up to $2,453,218 under the PIRATE Radio Act against each owner if they continue to permit pirate radio broadcasting from their properties.
  • The Media Bureau entered into a Consent Decree with a group of TV stations to settle a September 2024 Forfeiture Order which imposed a $140,000 monetary penalty on their licensee for their airing of program length commercials (where a character in a children’s program appears in a commercial during that program, thereby making the entire program into a commercial that violates the FCC’s commercial limits in children’s programs) during a Hot Wheels program (see our note here).  As with the Bureau’s recent Consent Decrees with other TV stations who received fines because of the same program (see our notes here, here, and here), this Decree eliminates the licensee’s financial penalty and requires it to implement a compliance plan to avoid future children’s programming commercial limit violations.  As we noted here, the Bureau also entered into a Consent Decree in June with Sinclair, the Hot Wheels program originator, replacing its $2.6 million penalty under the same Forfeiture Order with a $500,000 payment and a compliance plan that resolved both the Hot Wheels matter and other issues.
  • The Media Bureau released three NPRMs proposing changes to the FM and TV Tables of Allotments.  The first NPRM proposes a change in the city of license for KQSL(TV) by amending the TV Table to specify the use of TV Channel 8 at Cloverdale, California instead of at Fort Bragg, California, thus providing fast-growing Cloverdale with its first local service (while another station remains licensed to Fort Bragg).  The second NPRM proposes substituting TV Channel 26 for Channel 16 at West Point, Mississippi to address potential interference that could be caused by planned antenna sharing of petitioner’s TV station with another TV station.  The third NPRM proposes allotting FM Channel 226C3 for use by a new station at Enterprise, Utah.  A new station on this proposed channel would provide Enterprise with its second local service.  
  • The Media Bureau granted an FM station’s modification application to change its community of license from Channel 250A at Batesville, Texas to Channel 250A at Pearsall, Texas to allow it to move its transmitter site and serve more people.  The Bureau noted that the station’s existing community of Batesville would still be served by another FM station licensed to that community, and residents of the community can receive service from five other stations. 

On our Broadcast Law Blog, we discussed the FCC’s release last week of its first EEO audit notice for 2025 – the first to be issued under FCC Chairman Carr’s leadership – noting how the audits now seem to be aimed in part at seeking out the types of “invidious” DEI programs – Diversity, Equity, and Inclusion — that the current administration has labeled as discriminatory.

August 4, 2025 to August 8, 2025

  • The FCC’s Public Safety and Homeland Security Bureau announced that October 3 is the deadline for EAS Participants, including broadcasters, to file their annual Emergency Alert System Test Reporting System (ETRS) Form One – which provides information regarding EAS Participants’ EAS equipment and monitoring assignments along with other relevant data.  While there is no nationwide EAS test scheduled for this year, the FCC requires that all EAS Participants annually update their EAS information in the ETRS database by filing an ETRS Form One.
  • The FCC’s Enforcement Bureau released its first 2025 EEO audit notice targeting 300 radio and TV stations for review of their EEO programs.  The FCC randomly audits approximately 5% of all broadcast stations each year regarding their EEO compliance.  Audited stations and their station employment units (commonly owned stations serving the same area) must provide to the FCC their last two years of EEO Annual Public File Reports and documents showing that the stations followed the FCC’s EEO rules.  Audited stations have until September 22, to upload responses to their online public inspection files.  Look for an article tomorrow on our Broadcast Law Blog for more information about this audit. 
  • The FCC released a Direct Final Rule repealing 98 broadcast rules that the FCC identified in the Delete, Delete, Delete proceeding as obsolete, outdated, or unnecessary.  These deleted rules include over-the-air subscription TV approval procedures, the requirement that radio and TV stations be equipped with specific instruments for determining station power levels, several international broadcast station technical requirements, station operating power calculation methods, and certain rules that simply provide references to FCC policies (the underlying policies are not affected by the deletion of the references).  The repeal will become effective unless, by the comment deadline specified when this decision is published in the Federal Register, substantive comments objecting to the deletions are filed, in which case the FCC will provide additional notice of the changes and ask for and consider public comment before the deletions take effect.
  • The FCC released a Notice of Proposed Rulemaking seeking to reexamine the Emergency Alert System (EAS) and the Wireless Emergency Alerts system.  For EAS, the FCC seeks comment on the system’s effectiveness, how it could be modernized, and other issues.  Comments and reply comment dates will be announced when the NPRM’s is published in the Federal Register. 
  • At its regular August Open Meeting, the FCC adopted an NPRM proposing significant revisions to the FCC’s procedures under the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) for determining if constructing communications facilities, including broadcast towers, will affect the environment and historical sites.  In the draft NPRM, the FCC sought comment on streamlining its NEPA and NHPA review procedures following President Trump’s Executive Order directing agencies to do so.  The final version of the NPRM has not yet been released.
  • The FCC released a Second Report and Order streamlining and expediting earth station application processing.  The changes include streamlined processes for adding or removing communication points, an expanded list of license modification types that do not require prior authorization, expanded license renewal application filing timeframes, and a 30-day “shot clock” for processing earth station renewal applications.
  • The FCC released a FNPRM and Order on Reconsideration streamlining the Disaster Information Reporting System (DIRS) filing obligations, which are currently voluntary for broadcasters.  The FCC did not address whether it still intends to extend DIRS reporting obligations to broadcasters as proposed under former FCC Chairwoman Rosenworcel.
  • Comments were filed responding to the FCC’s July Public Notice seeking to refresh the record on whether and how the FCC should modify the national television ownership cap (prohibiting ownership interests in TV stations that reach 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 discussion here).  Broadcasters and their trade associations overwhelmingly support relaxing or eliminating the national cap, arguing that changed market dynamics over the last two decades have rendered it unnecessary and even detrimental to competition.  Many of these commenters also argue that the broadcast TV industry will cease to exist unless broadcasters can compete with the unregulated Big Tech streamers.  Several commenters, including public interest groups and MVPD trade associations, argue for retaining the national cap because removing or relaxing it would lead to further consolidation of the broadcast TV industry, which, in turn, could harm broadcast workers, increase retransmission fees, reduce localism and viewpoint diversity, and damage the quality of local programming and news.  Some groups also argue that the FCC lacks authority to modify or eliminate the cap – arguing that only Congress can do so.  Some commenters opposed to relaxing or eliminating the cap also ask the FCC to reevaluate the UHF discount, arguing it is an outdated methodology that allows more industry consolidation than Congress intended.  All comments filed in the proceeding can be found on the FCC’s website, here.  Reply comments are due August 22. 
  • An application for review was filed against the FCC’s approval of the Paramount-Skydance Media merger, which was completed this week, allowing Skydance’s principal David Ellison to acquire a controlling stake in Paramount (see our note here).  The petitioner, an unsuccessful bidder for Paramount, asserts that the merger’s approval was based on an incomplete record, was procedurally defective, and was otherwise unlawful, making claims including that the FCC failed to consider bribery allegations following Paramount’s $16 million settlement of its lawsuit with President Trump, and that the applicants failed to disclose ex parte meetings between Trump and Ellison occurring before the decision.  
    • FCC Commissioner Gomez also issued a statement regarding the merger’s approval, stating that the new company was “trading away fundamental First Amendment principles in pursuit of pure profit,” and that the approval “will not be the end of this Administration’s campaign of intervention in media to silence critics, gain favorable coverage, and impose ideological conformity on newsrooms that should remain independent.” 
  • The Enforcement Bureau took four actions against pirate radio broadcasters:  
    • The Bureau entered into a Consent Decree with a Pennsylvania pirate radio broadcaster which reduced the FCC’s proposed $40,000 fine against the individual to $6,000 because he was unable to pay the proposed fine and ceased pirate broadcasting.  The Consent Decree requires that he pays a $34,000 penalty if he engages or assists anyone else in pirate broadcasting during its 20-year term.  
    • The Bureau proposed fines of $20,000 and $25,000 against pirate radio broadcasters in Providence, Rhode Island and Worcester, Massachusetts, respectively.  
    • The Bureau issued a Notice of Illegal Pirate Radio Broadcasting against a Newark, New Jersey landowner for allegedly allowing a pirate to broadcast from its property.  The Bureau warned the landowner that the FCC could issue a fine of up to $2,453,218 under the PIRATE Radio Act if the landowner continues to permit pirate radio broadcasting from the property.
  • The Enforcement issued a Notice of Violation against a Michigan LPFM station after an inspection revealed that the station was operating from an unauthorized site, the station’s EAS decoder was not operational, and the station was operating in excess of its authorized power.  The station must now explain to the Bureau how it will correct the rule violations and prevent future violations from occurring. 
  • The FCC’s Media Bureau granted three petitions proposing changes to the TV and FM Tables of Allotments.  The Bureau granted the substitution of Channel 9 for Channel 24 at Henderson, Nevada and granted the substitution of Channel 21 for Channel 12 at Portland, Oregon, allowing the petitioner’s TV stations to stay on their existing channels because they did not complete construction of new facilities for previously granted applications to move to UHF channels by the expiration dates of construction permits for those channel changes.  The Bureau also granted the substitutions of Channel 276C2 for vacant Channel 244C2 and Channel 252C3 for vacant Channel 276C3 at Matador, Texas to resolve a short-spacing conflict with Channel 244C2.
  • The Media Bureau reinstated and granted several California, Florida, and Wisconsin LPFM station construction permit applications.  In October 2024, the Bureau dismissed the applications after finding that the applicants violated the FCC’s prohibition on a party holding interests in multiple LPFM stations because each applicant permitted the same corporate entity to appoint each applicant’s directors.  The applicants stated that the common entity never existed, and that they either eliminated or would eliminate the common entity’s appointment powers.  An objector argued that the applicants lacked validly appointed boards if the common entity never existed, and claimed that two of the applicants have common ownership due to close familial relationships.  The Bureau disagreed, finding that the common entity did not control the applicants’ boards because it never existed, and that there was no evidence that the applicants lacked legally qualified boards when they filed their applications.  The Bureau also found that the objector failed to show that the two applicants with close familial relationships had common ownership because close family relationships do not, alone, create common ownership among LPFM applicants.  

On our Broadcast Law Blog, we discussed the FCC’s decision last week to delay the filing date for broadcasters’ biennial ownership reports and speculated as to what other broadcast regulatory obligations may be under review by the FCC. 

July 28, 2025 to August 1, 2025

  • The FCC’s Media Bureau waived the requirement that broadcasters file their biennial ownership reports by December 1 of this year, postponing the filing deadline until June 1, 2027 unless the Bureau states otherwise.  This 18-month extension was granted because multiple commenters in the Delete, Delete, Delete proceeding urged the FCC to end this requirement because of the costs and burdens of compliance, without sufficient offsetting public benefit.  The Bureau made clear that the waiver did not apply to broadcasters’ other ownership report filing requirements, including following the acquisition of a full-power TV, AM, or FM station or after a station’s original construction permit is granted.  
  • The U.S. Court of Appeals for the D.C. Circuit rejected the National Association of Broadcasters’ appeal of the FCC’s June 2024 Foreign Sponsorship Identification Report and Order.  In the June 2024 Order, the FCC expanded broadcasters’ obligation to determine whether those who “lease” program time on their stations are agents of foreign governments to include issue ads, paid PSAs, and other spot time that does not promote a commercial product or service (see our Broadcast Law Blog discussion here).  The NAB raised a number of arguments against the FCC decision to extend the verification obligation to spot time, including arguing that the FCC had not given notice that this proposal was on the table so that broadcasters could comment on it.  The Court rejected that argument, finding that the result was reasonably foreseeable based upon public comment on the issue and the FCC’s discussion in the Second Notice of Proposed Rulemaking, and rejected all other arguments against the FCC’s adoption of this new requirement.  While the FCC extended until December 8, 2025 the compliance deadline for other aspects of the June 2024 Order (see our article here), it did not address when the obligation to verify that sponsors of spot time are not agents of foreign governments would become effective.  Broadcasters should seek advice from their own counsel as to that effective date.  
  • FCC Chairman Carr sent Comcast’s CEO a letter announcing that the Media Bureau is investigating Comcast, NBC, and Telemundo’s relationships with its local broadcast TV affiliates by reviewing their affiliation agreements to see if they raise public interest issues.  Recognizing that the issues he raised “may not be unique to Comcast,” Carr stated that there was increased public distrust in national news outlets (which supply programming for local broadcasters) and that network use of streaming platforms has potentially created incentives for the networks that conflict with their affiliates ability to serve the public interest.  He suggested that this could raise localism concerns and implied that the networks have undue influence over broadcasters’ local programming decisions.    
  • The Media Bureau announced pleading deadlines on applications for the swap of several TV stations between Scripps/ION Television and Gray Media.  The applications would create Top 4 station combinations in the Lansing, MI DMA for Gray, and in the Grand Junction-Montrose, CO, Colorado Springs-Pueblo, CO, and Twin Falls, ID DMAs for Scripps.  As we wrote here last week, the U.S. Court of Appeals for the Eighth Circuit vacated the FCC’s Top-4 Prohibition (prohibiting broadcasters from owning two of a DMA’s Top-4 affiliated TV stations), a decision likely effective in late October.  Scripps and Gray request that the FCC either approve their combinations as being in the public interest under the current rules or approve the applications with the approval to take effect upon the effective date of the Court decision.
  • The FCC released the final version of its Direct Final Rule order adopted last week at its regular monthly Open Meeting, eliminating 18 rules the FCC deemed to be obsolete or outdated, including one broadcast rule relating to analog TV receivers’ closed captioning decoder requirements.  The direct final rule process allows the FCC to delete a rule without prior public comment, but it allows a 10-day comment period after the order’s publication in the Federal Register where, if substantive negative comments are filed opposing the deletions, the FCC will implement regular notice and comment procedures before the deletions take effect.  The order has been published in the Federal Register with an official release date of August 4, meaning that the 10-day comment period on the deletions ends on August 14.   
  • The Media Bureau entered into Consent Decrees with TV stations in New York and Tennessee to settle a September 2024 Forfeiture Order which imposed $20,000 monetary penalties on their licensees for program length commercials (where a character in a program directed to children appears in a commercial during that program which, under FCC precedent, makes the entire program into a commercial, violating the limits on commercials in children’s programs).  The violation occurred during a Hot Wheels program (we noted the original penalty here).  As with the Bureau’s recent Consent Decrees with other TV stations who received fines because of the same program (see our notes here and here), these Consent Decrees eliminate the licensees’ financial penalties and require them to implement compliance plans to avoid future violations of the rules on commercial limits in children’s programming.  As we noted here, the Bureau also entered into a Consent Decree in June with Sinclair, the Hot Wheels program originator, replacing its $2.6 million penalty under the same Forfeiture Order with a $500,000 payment and a compliance plan that resolved both the Hot Wheels matter and other issues.
  • The Media Bureau entered into Consent Decrees with an Illinois noncommercial TV station and a Georgia Class A TV station to resolve its investigations of the stations’ failures to comply with their online public inspection file (OPIF) requirements.  The Bureau found that the Illinois station failed to timely upload 13 Quarterly Issues Programs Lists to its OPIF.  The Bureau found that the Georgia station failed to file or did not timely file in its OPIF 22 Quarterly Issues/Programs Lists, 7 commercial limits certifications, and 8 children’s TV programming reports.  The Consent Decrees require the Illinois station to make a $6,000 voluntary contribution to the U.S. Treasury, and the Georgia station to make a $10,000 payment.  Both stations must also implement compliance plans to insure that OPIF violations do not occur in the future.  

July 21, 2025 to July 25, 2025

  • The U.S. Court of Appeals for the Eighth Circuit vacated the FCC’s decisions in the 2018 Quadrennial Review to retain the Top-4 Prohibition (prohibiting broadcasters from owning two of the top-4 affiliated TV stations in a DMA) and to close the “Note 11 loophole” to the TV ownership rule (adding LPTV stations and multicast streams to the prohibition on broadcasters acquiring another in-market station’s Top 4 network affiliation).  This action will mean that the Top 4 rule will be gone, unless the FCC can, within 90 days, find evidence that it previously overlooked to show that retention of the cap was reasonable.   The court upheld the FCC’s decision to retain its radio ownership caps and refused to change the rule limiting TV owners to two stations in any market.  FCC Chairman Carr issued a statement praising the court for vacating rules which “only made it harder for trusted and local sources of news and information to compete in today’s media environment.”  We further discussed the Court’s decision on our Broadcast Law Blog, and what actions the FCC may take next on broadcast ownership deregulation (particularly regarding radio) following the decision. 
  • The FCC issued an Order approving, by a vote of 2-1, Skydance Media’s acquisition of control of Paramount.  In September 2024, Skydance and Paramount filed applications with the FCC proposing that Skydance’s principal David Ellison acquire a controlling stake in Paramount and become its Chairman and CEO (see our discussion here, here, here, here, here, here, and here).  The FCC dismissed concerns regarding the merger’s anticompetitive effects, and its alleged negative impact on localism, jobs, and national security.  The FCC also accepted Skydance’s “firm and definite” commitments to ensuring that CBS’ news and entertainment programming embodies a of viewpoint diversity across the political and ideological spectrum, and appointing an ombudsman to handle bias complaints against CBS.  The FCC further found that Paramount’s elimination of its DEI initiatives and its corresponding changes to its leadership structure, training, corporate sponsorships, supplier selection, hiring, career development resources, and public and internal messaging were in the public interest.  FCC Chairman Carr and Commissioner Trusty issued statements supporting the decision.  Commissioner Gomez dissented based on Paramount’s “baseless” settlement of the Trump lawsuit about the 60 Minutes interview with Kamala Harris during the 2024 election and its other “troubling concessions” made to secure approval of the deal.  
  • At its July Open Meeting, the FCC adopted its first Direct Final Rule in the Delete, Delete, Delete proceeding, eliminating 18 rules that the FCC deemed obsolete or outdated. The only rule that dealt with broadcasting was its closed captioning decoder requirements for analog TV receivers.  As we noted here, the direct final rule process allows the FCC to vote to delete a rule with no prior public comments, but allowing a 10-day comment period after the deletion order where, if substantive negative comments are filed, the FCC will then implement regular notice and comment procedures before the deletion becomes effective.  The final version of the FCC’s Order on the Direct Final Rule process and the 18 deletions has yet to be released, but comments will be due 10 days after its publication in the Federal Register.
  • The FCC’s Media Bureau announced that July 25 was the effective date of certain rules adopted in the November 2024 Order in which the FCC permitted FM broadcasters to originate limited amounts of programming on their FM boosters to allow for insertions of unique program material such as localized advertising or news breaks (see our discussion here).  These rules required Office of Management and Budget’s approval before taking effect, which has now been obtained. The rules include political file requirements for FM boosters that originate programming, Quarterly Issues/Programs lists requirements, interference protection and complaints procedures, and requirements to notify the FCC and state EAS plan administrators before a booster starts to originate programming.  Stations must now use FCC Form 336 to notify the FCC when they originate programming on FM boosters. 
  • The Media Bureau also announced that more of the FCC’s actions eliminating or amending many of its cable rate regulations taken in a June Report and Order will become effective August 13 after they received OMB approval this week.  These rules became obsolete or unworkable due to the end of most rate regulation years ago.  
  • FCC Commissioner Trusty followed FCC Chairman Carr and Commissioner Gomez (see our notes here) by releasing her own statement regarding Congress’ rescission of $1.1 billion in funding for the Corporation for Public Broadcasting (an action signed into law by the President this past week), thereby cutting funding to many NPR and PBS stations.  Trusty stated that since “Americans are increasingly skeptical of media institutions,” it was not “unreasonable for taxpayers to expect transparency, accountability, and balance from any outlet receiving federal support.”  Trusty also stated the funding rescission “does not signal the end of public media,” but instead it “presents an opportunity for innovation, partnerships, and more localized decision-making.”
  • Comments were filed responding to the FCC’s Notice of Proposed Rulemaking proposing to require certain FCC-regulated entities and auction applicants, including all broadcast licensees and permittees, to file a certification stating if they are owned or controlled by a foreign adversary (see our discussion here and here).  The NAB, the only major commenter addressing broadcaster issues raised in the NPRM, argues that these certifications are unnecessary, burdensome, and contrary to the FCC’s recent deregulatory initiatives, and therefore should be limited to entities with controlled by a foreign adversary.  The NAB also argues that the proposed streamlined license revocation procedures for entities failing to report ownership by foreign adversaries violate the Communications Act, which entitles broadcasters to a hearing before their stations’ licenses are revoked.  Instead, the NAB suggests that the FCC should revoke licenses only when an entity’s failure to comply is willful or presents national security concerns.  
  • The Media Bureau entered into three Consent Decrees with several TV stations to settle investigations of violations of the children’s programming commercialization limits:
    • The Media Bureau entered into a Consent Decree with Univision to settle an investigation into its TV stations’ ad limit violations during Pokémon and Pocoyo programs, as disclosed in its license renewal applications.  Univision reported that on several occasions, 41 of its stations aired a Pokémon program containing 3 minutes and 45 seconds of ads over the 12-minute per hour limit.  Univision also reported that on several occasions, 36 of its stations aired a Pocoyo program containing 40 seconds of ads over the limit, and displayed for three seconds a URL for a website where show-related products could be purchased, which the FCC’s rules also prohibit.  The Consent Decree requires Univision to make a $300,000 “voluntary contribution” to the U.S. Treasury and to implement a compliance plan.  
    • The Media Bureau entered into two Consent Decrees (here and here) with three TV stations to settle a September 2024 Forfeiture Order imposing $20,000 monetary penalties for their program length commercial violations during a Hot Wheels program (a decision we noted here).  Similar to the Consent Decrees that the Bureau entered into last week with other TV station owners (which we noted here), these Consent Decrees eliminate the licensees’ financial penalties, and required the licensees to implement compliance plans.  The Bureau also entered into a Consent Decree last month with Sinclair, which originated the Hot Wheels program that aired on these stations, to settle its $2.6 million penalty under the Forfeiture Order, along with other issues, through a $500,000 payment and a compliance plan (see our discussion here).
  • The Media Bureau and Office of Managing Director revoked a Kentucky AM station’s license for failure to pay its delinquent regulatory fees or show cause why payment should be waived or deferred.  In April, the station was issued an Order to Pay or Show Cause requiring the station, within 60 days, to either pay its delinquent regulatory fees or explain why the fees could not be paid.  The station’s license was revoked after it neither timely responded to the Order nor paid its delinquent fees.  The station currently has an unpaid regulatory fee debt totaling $9,261.41 for fiscal years 2013, 2014, 2015, 2016, 2022, and 2023. 
  • The Media Bureau dismissed a Florida LPFM construction permit application based on objections that the applicant failed to meet the FCC’s LPFM localism requirement.  The Bureau found that the multiple addresses submitted by the applicant that could be its headquarters were all located more than 10 miles from the proposed station’s transmitter site (the limit for LPFM applicants within one of the top 50 urban markets).  Following the application’s dismissal, the Bureau granted an objector’s mutually exclusive application.

July 14, 2025 to July 18, 2025

  • FCC Chairman Carr announced the agenda for the Commission’s regular monthly open meeting scheduled for August 7, and it contains several items relevant to broadcasters.  In anticipation of the meeting, the Commission released drafts of the decisions that will be considered:
    • The FCC released a draft Final Rule, that if adopted, would repeal 98 broadcast rules identified by the FCC through the Delete, Delete, Delete proceeding as obsolete, outdated, or unnecessary.  The broadcast rules slated for repeal include procedures for applying for approval for over-the-air subscription TV systems (single channel linear pay TV services using an over-the-air TV channel – used in many markets prior to the turn of the century when many current pay TV options did not exist), the requirement that radio and TV stations be equipped with specific instruments for determining station power levels, technical provisions related to international broadcast stations, a rule describing how to calculate operating power, and rules containing references to FCC policies (the proposal is to delete a set of references to the policies set out in the rules, references that have no independent effect and which are in many cases are incomplete or outdated – the underlying policies will remain effective).  As we noted in last week’s update here, the FCC is using its “direct final rule” process to expeditiously delete clearly outdated or overturned rules.  The Commission votes to delete the rule, but there is a 10-day period in which the public can object to the deletion.  If significant comments are filed arguing that the rule should not be deleted, the deletion can be held in abeyance while the FCC proceeds with a traditional notice and comment process, allowing comments and reply comments, before finally acting to delete the rule.
    • The FCC released a draft Notice of Proposed Rulemaking that, if adopted, will reexamine the Emergency Alert System (EAS) and the Wireless Emergency Alerts system. For EAS, the FCC seeks comment on what goals EAS should aim to achieve, whether EAS is currently effective at achieving these goals, whether there are any additional EAS transmission capabilities necessary to achieve these goals, what steps the FCC should take to modernize EAS, which entities should be allowed to send alerts via EAS, how well EAS is currently working in practice, and whether other changes should be made to better serve the public.  
    • The FCC released a draft NPRM, which, if adopted, could lead to significant revisions to the FCC’s rules implementing the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA).  The FCC’s NEPA and NHPA rules determine if the construction of communications facilities, including broadcast towers, will affect the environment and historical sites.  The FCC seeks comment on ways to streamline its NEPA and NHPA review procedures following President Trump’s January Executive Order directing federal agencies to streamline such regulations. 
    • The FCC released a draft Second Report and Order, which if adopted, would streamline and expedite earth station application processing.  The changes include allowing earth station operators to receive a license without identifying a specific point from which they will operate (so that they can operate wherever they find customers), adopting streamlined processes for adding or removing points of communication, expanding the types of license modifications that do not require prior authorization, expanding timeframes to file license renewal applications, and adopting a 30-day “shot clock” in which the FCC will process earth station renewal applications.
    • The FCC released a draft Further Notice of Proposed Rulemaking and Order on Reconsideration, that if adopted, would streamline Disaster Information Reporting System (DIRS) filing obligations, which are currently voluntary for broadcasters.  As we noted here and here, under FCC Chairwoman Rosenworcel, the FCC proposed in a January 2024 NPRM to require TV and radio stations to report their operating status during disasters in the FCC’s DIRS database. This item, however, does not address whether the FCC still intends to extend this reporting obligation to broadcasters.  
  • Congress passed a bill rescinding $1.1 billion in funding that had previously been appropriated to the Corporation for Public Broadcasting for fiscal years 2026 and 2027, cutting funds that were to be allocated to many NPR and PBS stations.  FCC Commissioner Gomez issued a statement describing the bill’s passage as “a key step in a coordinated campaign to silence public media, and the latest attempt by this Administration to censor and control speech” and otherwise decrying this action.   Both Chairman Carr and President Trump applauded the action on social media, suggesting that the cuts were appropriate as these services had lost the trust of the American people and no longer merited government support.  
  • The FCC’s Media Bureau entered into five Consent Decrees (see here, here, here, here, and here) with several TV stations to settle a September 2024 Forfeiture Order imposing monetary penalties on their licensees ranging from $20,000 to an aggregate $120,000 for exceeding the limits on commercialization in programming directed to children ages 12 or under.  The stations had broadcast “program-length commercials” (Hot Wheels programs in which an ad for a Hot Wheels product was run which, under FCC policy, turns the whole program into one big commercial).  We noted the FCC’s 2024 decision here.  The Consent Decrees eliminate the financial penalties on the licensees, but they do require that the stations implement compliance plans to ensure that future violations of the FCC’s commercial limits rule do not occur.  As we noted last month, here, the Bureau entered into a Consent Decree with Sinclair, which provided the program, to settle its $2.6 million penalty under the Forfeiture Order, along with other issues particular to Sinclair’s stations, through a $500,000 financial penalty and a compliance plan.  
  • The Media Bureau entered into Consent Decrees with a Puerto Rico AM station and with a New York AM station to resolve its investigations into the stations’ unauthorized transfers of control.  In each case, controlling interests in the station licensee were sold without filing transfer of control applications seeking FCC approval.  The Puerto Rico station’s Consent Decree requires that the station pay a $5,000 voluntary contribution to the U.S. Treasury for a single unauthorized transfer, while the New York station (which actually had two transfers, first of 50% negative control, and later of the remaining 50%, both without prior FCC approval) requires a $10,000 voluntary contribution. 
  • The FCC’s Media Bureau announced that some of the FCC’s actions on cable rate regulations taken in a Report and Order released last month will become effective August 13.  The actions eliminated or amended many of the FCC’s cable rate regulations, which became obsolete or unworkable due to the end of most rate regulation years ago.  Some of the amended rules, however, require approval of the Office of Management and Budget before becoming effective.  The FCC will announce when those amended rules take effect.  
  • The FCC announced that comments and reply comments are due August 18 and September 2, respectively, responding to the Media Bureau’s NPRM seeking comment on a petitioner’s proposed substitution of Channel 24 for Channel 4 at Jacksonville, Oregon due to the inferior quality of VHF channel signals. 
  • The FCC’s Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting to a Quinault, Washington landowner for allegedly allowing a pirate to broadcast from its property.  The Bureau warned the landowner that the FCC may issue a fine of up to $2,453,218 under the PIRATE Radio Act if the landowner continues to permit pirate radio broadcasting from the property.
  • The Media Bureau dismissed a California LPFM construction permit application based on an objection claiming that the applicant failed to meet the FCC’s LPFM localism requirement.  The Bureau found that the applicant’s possible headquarters (it was unclear to the Bureau whether either applicant’s main studio and “principal office” addresses listed in the application were for its headquarters) and all of its directors’ residences were located more than 10 miles from the proposed station’s transmitter site (the limit for LPFM applicants within one of the top 50 urban markets).  Following the application’s dismissal, the Bureau granted the objector’s mutually exclusive application.

July 7, 2025 to July 11, 2025

  • The FCC announced that comments and reply comments are due August 4 and August 22, respectively, responding to its Public Notice released last month seeking to refresh the record in the National Television Multiple Ownership Rule proceeding.  In December 2017, the FCC released a Notice of Proposed Rulemaking seeking comment on whether to retain, modify, or eliminate the national television ownership cap (prohibiting attributable ownership interests in broadcast TV stations that reach more than 39% of the TV households nationwide), and the UHF discount (a 50% discount for UHF stations in calculating compliance with the 39% cap).  On our Broadcast Law Blog, we took a closer look at the Public Notice and how it related to other potential changes to the FCC’s broadcast ownership rules.
  • The FCC’s Enforcement Bureau entered into a Consent Decree with TEGNA to resolve its investigation into the broadcast of indecent material on its Spokane, Washington TV station.  The investigation started because of a complaint that a “pornographic video” aired during a weather report on the station’s 6:00 p.m. news in October 2021.  TEGNA confirmed the video aired during on a monitor behind the weatherperson for 13 seconds.  TEGNA determined that an unknown party accessed the monitor’s screencasting feature through the station’s unsecured local wireless network.  After the incident, TEGNA directed all of its stations to disable all screencasting features, deactivated the station’s wireless network, removed all of the station’s smart TVs and monitors’ wireless components, and required the station to only use monitors lacking wireless connectivity going forward.  The Consent Decree requires TEGNA to pay a $222,500 voluntary contribution to the U.S. Treasury and to implement a compliance plan at all of its stations to prevent future violations of the FCC’s indecency rules.  On our Broadcast Law Blog, we further discussed the Consent Decree, the need for broadcasters to secure their transmission chain, and how the FCC enforces its indecency rules against broadcasters.
  • FCC Chairman Carr released a statement congratulating Congress for passing the One Bill Beautiful Bill, which reauthorized the FCC’s spectrum auction authority that lapsed in 2023.  The bill extends the FCC’s auction authority through September 30, 2034. A few months ago, we wrote on our Blog that the lack of auction authority has kept the FCC from opening windows for the filing of applications for new broadcast stations and noted that the FCC, in anticipation of the authority being renewed, earlier this year budgeted for an FM auction in the upcoming 2026 fiscal year.  
  • President Trump posted on Truth Social urging Senate Republicans to support the Administration’s Recissions Bill, which formalizes the DOGE cuts and includes a $1.1 billion claw back in funding for the Corporation for Public Broadcasting (CPB) for fiscal years 2026 and 2027, stripping NPR and PBS of federal funding.  Trump threatened not to endorse any Republican who did not support the bill.  As we noted here, the bill was passed by the House last month.  Senator Cantwell (D-WA) posted a video on X stating that the proposed recission of CPB funding “isn’t just an attack on NPR and PBS – it’s a reckless endangerment of 13 million Americans who depend on these stations for lifesaving emergency information.”  FCC Chairman Carr posted an image on X from a Kansas PBS affiliate asking viewers to tell their senators to vote no on the Recissions Bill, and stated that he directed the FCC’s Enforcement Bureau to investigate whether the station violated the FCC’s rules prohibiting noncommercial stations from accepting money in exchange for airing political issue ads.  Seemingly in response to the Recissions Bill, Carr also encouraged “PBS & NPR to focus more on how they managed to lose America’s trust.  That is their problem, not Congress’s work to ensure good stewardship of taxpayer dollars.”
  • The Enforcement Bureau also entered into a Consent Decree with a Massachusetts pirate radio broadcaster to resolve its investigation of the individual’s illegal broadcasting activities.  As the result of a sweep of the Boston area (and other parts of Massachusetts) for pirate broadcasting, the FCC proposed a $597,775 fine in April 2024 against the individual for pirate broadcasting.  Due to the individual’s inability to pay the proposed fine and because he ceased pirate broadcasting, the Consent Decree reduced the fine to $10,000, but the Decree requires that the individual pay a further penalty of $587,775 if he engages or assists anyone else in pirate broadcasting during the Consent Decree’s 20-year term.
  • There was continued advocacy on the NAB’s proposal to mandate a hard date for an ATSC 3.0 (NextGen TV) conversion (see our notes on this proposal here and here). Representatives of the electronics, cable, and LPTV industries and a public interest group met with the FCC to urge, for separate reasons, that no mandate be issued (see a summary of those meetings here).  NAB’s Chief Legal Officer Rick Kaplan responded in an article on the NAB’s blog addressing each group’s arguments and contending that they were not protecting the public but instead “protecting their turf.”  Former FCC Commissioner Michael O’Rielly released a statement opposing such technological mandates, while groups advocating for the hard date also met with the FCC (see the FCC filings of Pearl TV LLC and Sinclair Inc. and EdgeBeam Wireless).  The FCC has taken comments on whether to proceed with a rulemaking on the NAB proposal (which we noted here and here).  The current debate is whether the FCC should move forward with a formal Notice of Proposed Rulemaking to set a hard date for the ATSC 3.0 conversion.  
  • The U.S. Court of Appeals for the Eighth Circuit vacated the FTC’s “Click to Cancel Rule” which amended its existing “Negative Option Rule” by requiring sellers to allow consumers to easily cancel their enrollments in subscriptions and services with “negative options.”  As we noted here and here, the amended rule included various consumer protections including requiring sellers to provide a means to cancel a subscription as easy to use as the means of enrolling in the seller’s service.  The court found that the FTC made procedural errors prior to adopting the amended rule, principally by not conducting a statutorily mandated “preliminary” analysis of alternatives to the rule.  These errors required that the rule be rejected, even though the Court was seemingly sympathetic to the FTC’s goals.
  • The FCC released its quarterly Broadcast Station Totals.  The release shows that, compared to the same release from a year ago, there are 53 fewer AM stations and 18 fewer commercial FM stations, but 333 more noncommercial stations.  There were also 11 more commercial UHF TV stations but 11 fewer VHF TV stations; and 2 more noncommercial UHF TV stations with 1 fewer noncommercial VHF TV stations. 
  • The FCC’s Media Bureau issued two decisions reflecting the superiority of UHF channels for the transmission of digital TV signals.  The Bureau granted a TV station’s petition proposing the substitution of UHF Channel 23 for VHF Channel 2 at Las Vegas, Nevada.  The Bureau found that granting the channel substitution was in the public interest due to the Las Vegas area’s topography and the petition’s inclusion of over 200 viewer complaints of the station’s VHF reception issues (which the Bureau found likely to be due to significant interference from outdoor lighting in Las Vegas), even though some viewers would lose reception of the station due to the channel change.  The Bureau also released a Notice of Proposed Rulemaking seeking comment on a petitioner’s proposed substitution of Channel 24 for Channel 4 at Jacksonville, Oregon due to the inferior quality of VHF channel signals, especially in indoor areas.  

The Media Bureau reinstated the following channels in the FM Table of Allotments as vacant due to either the cancellation of the associated station authorizations or the dismissal of the associated long-form auction applications: Channel 264C3 at Crosbyton, Texas; Channel 259A at Encinal, Texas; Channels 263A and 297C3 at Junction, Texas; Channel 297A at Knox City, Texas; Channel 286A at Sanderson, Texas; Channel 244A at Turkey, Texas; and Channel 234C2 at Wells, Texas.  The FCC will announce if and when it will open windows for the filing of applications for these vacant allotments.

 June 30, 2025 to July 3, 2025

  • Paramount/CBS settled its lawsuit with President Trump for $16 million.  Last Fall, President Trump sued CBS for its supposed deceptive editing of the 60 Minutes interview with then-Vice President Harris which, as we noted here, here, and here, is also the basis of a pending news distortion complaint at the FCC.  As part of the settlement, Paramount/CBS agreed to release written transcripts of future 60 Minutes interviews with presidential candidates.  FCC Commissioner Gomez released a statement stating that the settlement “should alarm anyone who values a free and independent press,” and “now casts a long shadow over the integrity of the transaction pending before the FCC.”  Gomez called again for the FCC to bring the Paramount-Skydance transfer applications before the full Commission for a vote given the public’s interest in the deal and the need for transparency.  As we noted here, here, here, here, here, here, and here, the applications propose Skydance principal David Ellison acquire a controlling stake in Paramount and become its Chairman and CEO.
  • The FCC released a draft Direct Final Rule in its Delete, Delete, Delete proceeding that, if adopted at its July 24 Open Meeting, would eliminate 18 rules that are now obsolete or outdated due to technological, marketplace, and other changes since the rules were implemented.  This is the first batch of rules that the FCC has slated for deletion in the proceeding.  For broadcasters, among the rules to be deleted is the FCC’s closed captioning decoder requirements for analog television receivers – technology obsolete after the completion of the DTV transition over a decade ago.  What is perhaps most important about this action is not the decision itself to delete an obsolete rule, but the process that the FCC is using to delete it.  Instead of the usual notice and comment rulemaking proceeding (releasing a Notice of Proposed Rulemaking telling the public what it planned to do and asking for comments), the FCC is electing to proceed by the new “direct final rule” process.  This process announces that the rule is to be deleted and allows for a 10-day period in which the public can comment on the proposed deletion.  If significant comments are filed arguing that the rule should not be deleted, the FCC would proceed with a notice and comment process before acting.  If not, the deletion stands.  If adopted at the July 24 meeting, comments on the proposed rule elimination will be due 10 days after the item’s publication in the Federal Register, and unless the FCC determines that notice and comment procedures are necessary, the rule deletion will take effect 60 days after the Federal Register publication.    
  • The FCC’s Media Bureau granted a series of assignment applications permitting a broadcaster to acquire from subsidiaries of Sinclair, Inc. four TV stations, including stations with two top-4 network affiliations on separate multicast streams in both the Qunicy-Hannibal-Keokuk, IA-IL-MO and Ottumwa-Kirksville, IA-MO DMAs.  The assignee also requested a continuing TV satellite waiver of the FCC’s Local Television Ownership Rule for Sinclair’s two TV stations in the Champaign-Urbana and Springfield-Decatur, IL DMA.  The Bureau rejected a petition to deny against the applications which claimed that Sinclair lacked the required character qualifications to be an FCC licensee because it set up “sidecar” entities to evade the FCC’s TV ownership limitations in certain markets, finding that the FCC had previously considered and rejected arguments about these sidecar entities and that these concerns were unrelated to the present transaction.  As for the present applications, the Bureau found that the assignee made the required public interest showing to justify an exception to the FCC’s Top-4 Prohibition (which prohibits broadcasters from owning two of the top-4 affiliated TV stations in a DMA) to allow it to continue to have two network affiliations in each market, concluding that, without the action, viewers in the markets would lose access to network over-the-air programming as the DMAs could not support another independently owned network-affiliated station.  The Bureau also granted the request for a continuing satellite waiver, finding that the grounds that initially justified the Champaign station’s operation as a satellite of the Springfield station remained unchanged.  
  • The Media Bureau also granted the license renewal applications for three Maryland TV stations over a petition to deny claiming that Sinclair, the licensee of one of the stations, controlled the other two stations and that Sinclair has repeatedly violated the FCC’s sponsorship identification rules, has failed to negotiate with multichannel video programming distributors in good faith, and has failed to maintain its online public inspection files.  Many of these issues were resolved in a Consent Decree, which we noted last week.  The petitioner passed away after filing the petition, and the Bureau rejected attempts to substitute an unrelated party as the petitioner, leading the Bureau to grant the renewal applications as there was no party left to prosecute the petition. 
  • The US Supreme Court agreed to hear in its next term a First Amendment challenge by the National Republican Senatorial Committee to restrictions on the amount of money that political parties can spend in coordination with candidates for federal office, potentially setting the stage to give candidates access to additional party funds for advertising and other campaign expenses.  
  • The FCC’s Enforcement Bureau issued two Notices of Illegal Pirate Radio Broadcasting against a Bronx, New York landowner and a Sweet Home, Oregon landowner for allegedly allowing pirates to broadcast from their properties.  The Bureau warned the landowners that the FCC may issue fines of up to $2,453,218 under the PIRATE Radio Act if the landowners continue to permit pirate radio broadcasting from their properties. 

June 23, 2025 to June 27, 2025

  • Olivia Trusty was sworn in as an FCC Commissioner, restoring the Commission’s quorum just before its regular monthly Open Meeting.  With there now being a 2-1 Republican majority, many believe that the Commission will move forward with Chairman Carr’s deregulatory agenda.  In the Press Conference following Thursday’s open meeting, Carr promised that the FCC would have a very busy July and August.  The release of a request to refresh the record on the television national ownership caps the day after Trusty was confirmed (an FCC release which we wrote about on our Broadcast Law Blog this week) may signal the start of proceedings impacting broadcasters.
  • The NAB announced that a majority of the members of both the House of Representatives and the Senate are now co-sponsoring the AM for Every Vehicle Act (see our article here for more details on that Act).  While a majority of Congress has now committed to vote for the legislation protecting AM radio in cars, Congressional leadership must schedule the bill for debate and a vote before the requirements can become law.  
  • The FCC’s Enforcement and Media Bureaus entered into a Consent Decree with Sinclair Broadcast Group to resolve investigations arising from the Media Bureau’s review of its stations’ license renewal applications, including whether some of its stations failed to timely upload Quarterly Issues/Programs Lists and commercial limits certifications to their Online Public Inspection Files and whether it failed to timely file the renewal for one of its TV translators.  Also resolved were claims that one of Sinclair’s TV stations failed to comply with the FCC’s closed captioning rules.  In addition, the Consent Decree settled a September 2024 Forfeiture Order initially imposing a $2,652,000 penalty against Sinclair as well as penalties against several other broadcasters (who were not a party to the Consent Decree and remain subject to the order) for exceeding the limits on commercialization in programming directed to children ages 12 or under (a decision we noted here).  While the Consent Decree does not require Sinclair to admit that it violated the FCC rules, Sinclair must pay a $500,000 civil penalty and enter into a compliance plan to ensure that future FCC rule violations do not occur. 
  • The US Court of Appeals for the District of Columbia Circuit issued an Opinion rejecting a claim that the FCC had erred in concluding that only Low Power Television stations in DMAs with fewer than 95,000 households were eligible to file for Class A status under the Low Power Protection Act passed by Congress in 2023 (we noted the FCC decision on the limits of the Act here).  Class A status gives an LPTV station protection against interference from new or improved full-power stations and from any future repacking of the TV spectrum.  The Court rejected arguments of the petitioner, including the argument that the household limit was meant to apply to an LPTV station’s community of license not its DMA, finding that the FCC’s reading of the statutory language was the correct one.  
  • The FCC announced that comments and reply comments are due July 23 and August 22, respectively, in response to its April Notice of Proposed Rulemaking proposing updates to its foreign ownership rules adopted under Section 310(b) of the Communications Act and applicable to many FCC licensees, including broadcasters.  Section 310(b) prohibits foreign entities, individuals, and governments from holding ownership interests of more than 20% in an FCC licensee and ownership interests of more than 25% in a U.S. entity that directly or indirectly controls an FCC licensee.  FCC licensees, however, can ask the FCC to approve foreign ownership interests above the 25% threshold.  The NPRM proposes the adoption of rules detailing many of the policies that the FCC has adopted for dealing with such requests.  We initially noted the adoption of the NPRM here.  
  • Twenty-three state attorneys general filed a joint amicus brief supporting PBS and NPR’s lawsuit challenging President Trump’s Executive Order ending federal subsidies for NPR and PBS provided through the Corporation for Public Broadcasting (CPB).  The attorneys general note that Congress established the CPB through the Public Broadcasting Act of 1967, for the express purpose of maintaining a public broadcasting system free from government influence and intrusion, and they argue that the Executive Order is unconstitutional for violating the First Amendment and conflicting with Congress’ authority to decide whether and how to fund public media through its power of the purse.  They further note the importance of NPR and PBS’s services to their local communities, including their provision of emergency and public announcements and educational programming.  They conclude by stating that losing public media would erode public trust and leave many American communities in the dark.
  • At its Open Meeting, the FCC adopted a Report and Order proposing to streamline its cable rate regulations, many of which are now obsolete or unworkable due to the end of most cable rate regulation years ago.  The full text of the decision of the FCC is available here.  
  • The Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting to an owner and a property manager of a property in the Bronx, New York for allegedly allowing a pirate to broadcast from the property.  The Bureau warned the landowner and the property manager that the FCC may issue a fine of up to $2,453,218 under the PIRATE Radio Act if either of them continue to permit pirate radio broadcasting from the property.
  • The FCC released a Small Entity Compliance Guide regarding compliance with its amended rules permitting digital FM radio broadcast stations to initiate asymmetric sideband operations.  As we noted here, the FCC released a Report and Order in September 2024 permitting digital FM radio stations to operate at different power levels on their upper and lower digital sidebands.  In that Order, the FCC said that to initiate operations with asymmetric sidebands, a notification of digital FM operations would have to be made using the Form 335-FM.  As we noted here, FCC’s Media Bureau announced that May 23 was the effective date of the FCC’s rules adopted in the Order, and the Form 335-FM could now be filed as its use had been approved by the Office of Management and Budget.
  • The Media Bureau entered into a Consent Decree with a South Carolina LPTV station which, due to an administrative oversight, failed to timely file a license application before its construction permit expired and then operated without a valid authorization for nearly four years.  The Consent Decree requires that the station pay a civil penalty of $13,000.

On our Broadcast Law Blog, we discussed upcoming regulatory deadlines in July affecting broadcasters.  These include Quarterly Issues Programs lists for all full-power stations, due in public inspection files by July 10, as well as comments in several FCC proceedings.

June 16, 2025 to June 20, 2025

  • The Senate voted 53-45 to confirm Olivia Trusty as an FCC Commissioner on a largely party-line vote.  As a result of Trusty’s confirmation, the FCC now has a quorum and a Republican majority, and it may well soon move on some broadcast deregulatory proposals, including ownership rule changes.  Senator Cantwell (D-WA), the Ranking Democratic member on the Senate Commerce Committee, expressed the concerns of many Democrats, by sending Senate Majority Leader Thune (R-SD) a letter expressing her frustration with the Senate’s failure to follow the normal practice of pairing Republican and Democratic FCC Commissioner confirmations, as there remain two additional vacant seats on the FCC.   She expressed her concern that, as President Trump has not been nominating Democrats for seats that are reserved for the minority party on the governing boards of federal government agencies, there could be further moves made to operate the FCC on a strictly partisan basis.
  • The FCC’s Media Bureau released a Public Notice seeking to refresh the record in the National Television Multiple Ownership Rule proceeding.  In December 2017, the FCC released a Notice of Proposed Rulemaking seeking comment on whether to retain, modify, or eliminate its national television ownership cap, which prohibits entities from owning or controlling broadcast TV stations that, in the aggregate, reach more than 39% of the TV households nationwide.  The NPRM also sought comment on the “UHF discount”- a 50% discount for UHF stations in calculating compliance with the 39% cap.  The Bureau seeks comment on a number of issues including marketplace changes impacting the national cap; whether changes in that national cap would affect broadcaster’s ability to negotiate for programming in competition with the digital streaming companies; developments in the relationship between national broadcast networks and their local affiliate TV station groups that impact the cap; and whether the FCC’s prior conclusion that a national cap preserves a market balance between the networks and local affiliates remains valid.  The Bureau further asks that, if the FCC retained the cap, whether common ownership of stations that are unaffiliated with major national broadcast networks (i.e., ABC, CBS, NBC, or FOX) should be excluded and whether the UHF discount should be retained.  
  • The FCC announced that comments and reply comments are due July 21 and August 19, respectively, on the Notice of Proposed Rulemaking proposing to require certain FCC-regulated entities and auction applicants, including all broadcast licensees and permittees, to file a certification stating if they are owned or controlled by a foreign adversary.  As we noted here and here, the FCC proposes to define foreign adversaries as the Peoples’ Republic of China, Cuba, Iran, North Korea, Russia, and Venezuela.  Entities certifying yes would need to disclose all ownership interests of 5% or more held by a foreign adversary (including interests held by their citizens or companies organized under their laws).  The FCC also proposes to revoke FCC authorizations for entities filing false or incomplete certifications or for failing to file certifications when required.  For broadcasters, the FCC seeks comments on whether to use the broadcast ownership rules’ attribution criteria to determine a foreign adversary’s attribution to a broadcaster, and whether to make any changes to the existing foreign sponsorship identification rules to require additional disclosures when programming is provided by foreign adversaries.
  • The FCC’s Administrative Law Judge ruled that an owner of a group of LPTV stations lacked the qualifications necessary to be an FCC licensee because he falsely certified to the FCC that he was a U.S. citizen and he transferred his interests in the stations to his niece, a minor, likely to shield the assets from a civil judgment in a lawsuit, while still maintaining actual control.  In 2010, he purportedly assigned his interests in broadcast licenses to his niece, but a consummation notice was not filed until 2014.  In investigating the late-filed notice, the Media Bureau found that the former owner retained an unlawful reversionary interest in the stations because he agreed with his niece not to file the notice until final payment was made for the stations, and continued controlling the stations’ programming, finances, and operations.  The Bureau also discovered that he misrepresented to the FCC that he was a U.S. citizen on numerous occasions.  After a hearing, the ALJ found him unqualified, and fining him $188,491 and barring him from owning or controlling any broadcast station in the future.  The decision also required any broadcaster who uses the former owner’s broadcast consulting services to disclose that fact in all FCC filings.
  • The Media Bureau announced that iHeartMedia filed a petition for declaratory ruling seeking FCC approval of several new foreign individuals and entities associated with Global Media & Entertainment Investments Ltd. (GMEI), an existing foreign investor in iHeart.  Section 310(b) of the Communications Act prohibits foreign entities, individuals, and governments from holding ownership interests of more than 20% in an FCC licensee and ownership interests of more than 25% in a U.S. entity that directly or indirectly controls an FCC licensee.  FCC licensees, however, can petition the FCC to approve certain foreign ownership interests above those thresholds.  The FCC previously approved direct and indirect foreign ownership of up to 100% in iHeart, as well as approving GMEI’s interests.  iHeart’s petition states that GMEI now wishes to transfer some or all of its existing iHeart interests to a related corporate entity and to expand the number of individuals associated with its iHeart interests.  
  • The Media Bureau granted an application for a new Wyoming FM station, which was filed in conjunction with the applicant’s request for a new FM Channel 260C0 Tribal Allotment at Ethete, Wyoming, located on the Wind River Indian Reservation (which we noted here and here).  The applicant requested a waiver of the FCC requirement that a station using a tribal allotment either have at least 50% of its service contour over Tribal Lands or that its proposed facilities serve at least 2,000 persons with at least 50% of the total population on Tribal Lands.  The applicant stated that this requirement was difficult to meet because of the large size of the reservation and the station transmitter site’s location at the edge of the reservation.  The Bureau granted the applicant’s waiver request, finding that the station fell short of the service area requirement by less than 3% while still serving 20,000 residents of the reservation – over 85% of the reservation’s total population.  

On our Broadcast Law Blog, we discussed broadcasters’ obligations under the FCC’s modified broadcast foreign sponsorship identification rules, which became effective June 10 (even though some of the compliance obligations under the new rule will not be enforced until December 8).  These rules require that broadcasters get certifications from all buyers of program time certifying that the buyers are not representatives of foreign governments.  The modified rules extended this requirement to verify that buyers of spot advertising do not represent foreign governments where their spots are not for commercial products or services.  Thus, spots including issue ads and paid PSAs would be covered by the verification requirement.  

June 9, 2025 to June 13, 2025

  • The FCC’s Media Bureau announced that June 10 is the effective date for the FCC’s modified broadcast foreign sponsorship identification rules, but the announcement stated that the FCC would delay its enforcement until December 8 to give broadcasters time to comply with the new rules.  In June 2024, the FCC released a Report and Order providing a written certification with standardized language that a broadcaster could use to determine whether those who “lease” program time on their stations are foreign government agents (see our discussion here).  Use of this new form, or another form with comparable language, will be required after December 8.  The 2024 decision also required that, for paid PSAs and other spots that are not for commercial products or services (including issue ads), broadcasters confirm whether their sponsors are representatives of foreign governments.  The verification requirement for buyers of paid PSAs and issue ads is being challenged by the NAB in a court appeal, which does not necessarily stop it from becoming effective.  There was no specific reference in this week’s announcement as to whether enforcement of the requirement for paid PSAs and issues ads is currently effective or whether it, too, is covered by the December 8 compliance deadline.  Check with your counsel for advice on this issue.  
  • Senate Majority Leader John Thune filed “cloture” on the nomination of Olivia Trusty to fill one of the three vacancies on the FCC.  This means that the Senate will vote to end debate on her nomination and likely move to a vote on her nomination.  These votes are expected in the next two weeks, potentially quickly restoring a quorum and establishing a Republican majority on the FCC. 
  • The U.S. House of Representatives narrowly passed a bill which would rescind $1.1 billion in funding that had previously been appropriated to the Corporation for Public Broadcasting for fiscal years 2026 and 2027.  The Senate must now consider that bill before it becomes effective.  Senator Blackburn also introduced the Free Americans from Ideological Reporting (FAIR) Act which, if adopted, would establish into law President Trump’s Executive Order issued last month blocking the CPB from distributing federal funding to PBS and NPR (see our discussion here).  
  • Independent Senators Bernie Sanders and Angus King introduced The End Prescription Drug Ads Now Act proposing to ban ads for prescription drugs in print, broadcast, and online media (see Sanders’ Press Release for more information).  This follows up on the Make American Healthy Again report we noted two weeks ago, making a similar proposal.  Were such a bill ever to become law, we would expect First Amendment challenges (this article on our Broadcast Law Blog just a few years ago shows how the courts look skeptically at laws restricting speech about legal products – in that case, a court decision finding a law mandating price disclosures about prescription drugs to be unconstitutional).
  • The FCC released a Third Report and Order adopting new fee calculation methodology for earth stations.  In the Order, the FCC decided not to create additional earth station fee categories or to expand regulatory fees to non-operational earth stations, as it had proposed in February (see our note about that proposal here).  The FCC also declined to assess regulatory fees on receive-only earth stations because the registration of receive-only earth stations is not an authorization, but rather a record of the existence of an earth station entitled to interference protection.  
  • Reply comments were recently filed responding to the National Association of Broadcasters’ petition for rulemaking asking for a hard deadline for full-power TV stations to complete the transition to the new ATSC 3.0 transmission standard.  As we noted here and here, the NAB proposes that the transition occur in two phases: TV stations in the top 55 markets would be required to transition by February 2028; and TV stations in remaining markets would transition by February 2030.  Commenters were again mixed in their position on the NAB’s petition.  The National Association of Broadcasters, the Society of Broadcast Engineers, ABC, NBC, CBS , and FBC Television Affiliates Associations, and the Advanced Television Broadcasting Alliance repeat their support for a mandatory ATSC 3.0 transition, noting the benefits that it would have for the broadcast industry.  Other commenters, including representatives of the tech industry and several advocacy organizations, urged the FCC not to proceed with a mandatory transition because it conflicts with the deregulatory policies of the Trump Administration and the FCC’s “Delete, Delete, Delete” proceeding (see comments here, here, here, here, here, here, and here).  Public Knowledge and other public interest advocates argued that the FCC should deny the NAB’s petition, claiming that a mandatory ATSC 3.0 transition would cut off marginalized communities from over-the-air broadcast service.  LPTV broadcasters argued (here and here) that LPTV stations should not be subject to a mandatory transition and should be able to use ATSC 1.0, ATSC 3.0, or 5G Broadcast as they determine best suited to serve the local market.
  • The FCC released a Small Entity Compliance Guide for its rules allowing FM booster stations to originate limited amounts of programming.  As we noted here, in November 2024, the FCC adopted rules permitting broadcasters to originate programming on FM boosters for up to three minutes per hour for news, advertising, or other content different than that on the booster’s primary station (see our article providing more details about this permitted service, referred to as “geocasting” or “zonecasting” technology).
  • The FCC’s Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting to an Irvington, New Jersey landowner for allegedly allowing a pirate to broadcast from its property.  The Bureau warned the landowners that the FCC may issue a fine of up to $2,453,218 under the PIRATE Radio Act if the landowner continues to permit pirate radio broadcasting from its property.
  • The Media Bureau entered into a Consent Decree with a Vermont FM station to resolve its investigation into the station’s failure to timely file its license renewal application.  The Bureau found that the station filed its renewal application over one month late, which the station admitted was the result of an inadvertent oversight.  The Consent Decree requires that the station pay $2,250 civil penalty and enter into a compliance plan to ensure that the station’s future renewal applications are timely filed.
  • The Media Bureau affirmed its dismissal of a Florida LPFM construction permit application for the applicant’s failure to provide evidence that it was a nonprofit educational organization incorporated or recognized under Florida state law, which it needed to do to show that it was eligible to be an LPFM station licensee.  The applicant sought reinstatement of the application to provide the missing information.  The Bureau rejected the applicant’s request because the FCC’s LPFM application rules require applicants to be eligible to hold an LPFM license when their applications are originally filed and, from the evidence provided, it appears that state authorities did not recognize the formation of the applicant as being effective until after the application filing deadline.

June 3, 2025 to June 6, 2025

  • FCC Commissioners Simington and Starks both announced that they were leaving the FCC as of June 6.  Starks stated at the FCC’s May open meeting that he intended to resign his seat before the FCC’s regular monthly open meeting on June 26 (see our discussion here), Simington had not previously publicly disclosed his intention to leave the FCC.  With their departures, the FCC now has only two Commissioners (Chairman Carr and Commissioner Gomez) until the Senate confirms the appointment of Republican Olivia Trusty.  The FCC requires three Commissioners for a quorum.  While there are some provisions in the FCC’s rules for limited Commission activity without a quorum, with the FCC deadlocked with one Republican (Carr) and one Democratic (Gomez) Commissioner, no action on any controversial items will likely be taken until Trusty is seated.  
  • The FCC released a Notice of Proposed Rulemaking proposing its fiscal year 2025 regulatory fees for broadcasters and for those operating earth stations.  The FCC proposes to continue calculating each full-power TV station’s regulatory fee using the population-based methodology in use since 2020.  The FCC proposes adopting a factor of $0.006379 per population served for the full-power TV station regulatory fee, representing roughly a 3% decrease from the prior year ($0.006598).  Radio fees are proposed to change very little from those paid last year.  In February, the FCC proposed expanding regulatory fees to non-operational earth stations (those which have a construction permit but are not yet licensed) and creating additional earth station fee categories beyond the current single fee category of transmit/receive and transmit-only earth stations (see our note on that proposal here).  Since that proceeding remains pending, the FCC is proposing an earth station fee of $2,840 under both its existing and proposed earth station fee methodologies because it may not finalize its proposed changes in time for the fees to be paid by September 30 – the annual deadline for payment of FCC regulatory fees before the October 1 start of the new fiscal year.  Comments and reply comments responding to the NPRM on the fees to be paid by all FCC regulated entities are due July 7 and July 21, respectively.  
  • The FCC released a draft Report and Order proposing to streamline its cable rate regulations, many of which are now obsolete or unworkable due to the end of most cable rate regulation years ago.  The draft NPRM will be considered at the FCC’s regular monthly open meeting on June 26.  If adopted, comment and reply comment dates will be set when the NPRM is published in the Federal Register.
  • The FCC imposed a $2,391,097 fine against a pirate broadcaster for operating an unauthorized radio station in North Miami, Florida.  The FCC found that the pirate operator has been illegally operating his station since at least 2012, has been fined several times and even had his equipment seized, yet continues to operate – the FCC most recently documenting illegal operation on at least 22 days during February and March 2023.  The pirate radio operator now has 30 days to pay the fine or the FCC may refer the case to the U.S. Department of Justice for collection.  The FCC itself cannot sue to collect fines or take actions against individuals who ignore the penalties issued by the FCC under the PIRATE ACT.  Instead, it must rely on the DOJ to enforce such penalties in Court.
  • The FCC’s Media Bureau granted an assignment application permitting a broadcaster to acquire all of the top-4 network affiliated TV stations in the Greenwood-Greenville, MS Designated Market Area (DMA).  The FCC’s Local Television Ownership Rule prohibits the transfer or assignment of a group of top-4 affiliated TV and LPTV stations in the same DMA using multicast channels and/or LPTV stations, subject to certain combinations being allowed where shown to be in the public interest.  Here, the Bureau found that allowing the same broadcaster to own the ABC, CBS, Fox, and NBC affiliate in the Greenwood-Greenville DMA (one full power TV station carrying both ABC and Fox and two LPTV stations carrying CBS and NBC) was in the public interest because it would preserve local news and network-affiliated programming services in the market.  The Bureau found that splitting up the market’s top-4 network affiliated stations would lead to viewers losing over-the-air access to their only local source of news and network programming because the market’s geographic, population, and economic characteristics made it unlikely that the market could support independent, top-4 affiliated stations.  
  • The Media Bureau entered into a Consent Decree with a Virginia LPFM station to resolve an investigation into whether the station violated the FCC underwriting rules by broadcasting commercial advertisements which impermissibly promoted for-profit underwriters’ products or services.  LPFM stations operate under the same rules as noncommercial broadcasters, being forbidden from running commercials for for-profit businesses.  But they can run “underwriting” announcements acknowledging sponsors without being promoting those sponsors (e.g., no calls to action, qualitative claims, price information or other purchase incentives).  The Consent Decree also stated that the Bureau examined the unusual relationship between this LPFM station and other LPFM stations that had formed a co-op and hired an agent to sell underwriting and to operate facilities for the stations in the co-op. The FCC’s order did not find any violation in this co-op arrangement, but did warn that it would scrutinize such arrangements carefully in the future.  The Consent Decree requires that the station implement a compliance plan to ensure that future underwriting violations do not occur.  The Bureau noted that while consent decrees involving underwriting rule violations usually require payment of a civil penalty, the Consent Decree did not include one due to the station’s inability to pay. 
  • Senator Cruz (R-TX), Chairman of the Senate Commerce Committee, released the text of the committee’s reconciliation version of the One Big Beautiful Bill, which includes provisions restoring the FCC’s spectrum auction authority that lapsed in 2023.  FCC Chairman Carr released a statement congratulating Senator Cruz for proposing to restore the FCC’s auction authority. In an article on our Broadcast Law Blog, we explained how the lack of auction authority has precluded the FCC from conducting any auctions for new broadcast stations, and noted last week that the FCC’s proposed budget for fiscal year 2026 anticipates an auction for new FM stations, presupposing that this auction authority will be reinstated.  
  • President Trump submitted his budget proposal to Congress late last week, which included clawing back $1.1 billion of the Corporation for Public Broadcasting’s funding for fiscal years 2026 and 2027.  Congressman Burchett (R-TN) also announced that he will file legislation to codify President Trump’s Executive Order issued last month blocking the CPB from distributing funding to PBS and NPR (see our discussion here).  
  • Late last week, the Chairs of the California State Senate Energy, Utilities & Communications Committee and the Judiciary Committee sent a letter to Bill Owens, the former Executive Producer of 60 Minutes, and Wendy McMahon, the former President and CEO of CBS News, asking them to testify before their committees regarding Paramount’s proposed settlement of President Trump’s lawsuit against CBS and whether such settlement would be intended to influence FCC approval of its merger with Skydance.  Last Fall, President Trump sued CBS for its supposed deceptive editing of the 60 Minutes interview with then-Vice President Harris which, as we noted here, here, and here, is the basis of a pending news distortion complaint at the FCC.  The letter states that the California State Senate is investigating whether Paramount’s proposed settlement violates California laws against bribery and unfair competition and requests that the former CBS executives voluntarily testify before the committees on whether there were any newsroom staff objections to, or any editorial decisions impacted by, the proposed settlement.  The state senators express concerns that the proposed settlement potentially creates a chilling effect on investigative and political journalism and could damage public trust in news outlets.  As we noted here, here, here, here, here, here, and here, the Paramount-Skydance transfer applications, which are still pending before the FCC, propose that David Ellison acquire a controlling stake in the company and become its Chairman and CEO.
  • The Media Bureau and Office of Managing Director (OMD) reinstated the licenses of two Texas FM stations that they revoked last week due to their failure to pay their delinquent regulatory fees or show that the debts are not owed or should be waived or deferred by responding to the Bureau and OMD’s Order to Pay or to Show Cause issued against the stations in February (see our discussion here and here).  The Bureau and OMD did not provide a reason for reinstating the licenses.

May 27, 2025 to May 29, 2025

  • The FCC sent to Congress its Budget Estimates request for Fiscal Year 2026.  The budget request contains a few specific references to broadcast matters (along with more general information about inflationary increases in fees and proposals for FCC staffing).  Included in the request was a reference to an auction of FM broadcast channels at some point in Fiscal Year 2026 (October 1, 2025 to September 30, 2026)(which assumes FCC auction authority is reinstated – see our Broadcast Law Blog article here about the current state of that authority).  The request discussed FCC strategic goals, mentioning that: “The FCC will work to pursue policies that protect free speech and access to information, including efforts to foster media competition and ensuring access to local news sources” and “Ensure broadcasters operate in the public interest to include protecting freedom of expression across traditional and non-traditional media platforms.”  The report also promised to continue to ensure accessibility for all to media platforms and to gather information about foreign adversaries with interests in US media outlets. 
  • In connection with gathering information about the media interests of foreign adversaries, the FCC released the full text of its Notice of Proposed Rulemaking adopted at is last Open Meeting, mentioned in our last summary of regulatory news.  The NPRM proposes to require certain FCC-regulated entities and auction applicants, including all broadcast licensees and permittees, to file a certification stating if they are owned or controlled by a foreign adversary, which the FCC proposes to mean the Peoples’ Republic of China, Cuba, Iran, North Korea, Russia, and Venezuela.  This includes proposals not only for reports on ownership interests or other investments by these countries, but also by their citizens.  The FCC made some changes in the final version of the NPRM from the draft it had released several weeks before the meeting, including seeking comment on how to treat individuals holding dual citizenship or multiple citizenships, and whether to adopt different rules for publicly traded companies who may have difficulty in promptly identifying all of their shareholders.  The FCC also added extensive discussion on their authority to ask for this information, perhaps in response to the recent Court decision we discussed on our Blog here, a decision which not only threw out the FCC’s attempt to reimpose Form 395-B, but also stated that the FCC’s authority to impose rules was strictly limited to areas in which Congress had specifically delegated to the FCC the authority to regulate.
  • FCC Commissioner Simington and his Chief of Staff, Gavin Wax, published an article advocating the modernization of the FCC’s media ownership rules.  Simington and Wax state that the rules no longer reflect the current media market dominated by digital streaming platforms, who do not face the same regulatory obstacles as broadcasters and can grow larger and more monopolistic while avoiding basic public interest obligations.  To correct this, they argue that the FCC must reclassify streaming providers as multichannel video programming distributors to regulate them like cable and satellite providers.  They also argue that the FCC must modernize its ownership rules to provide broadcasters with greater flexibility to consolidate and compete through targeted reforms that reflect economic realities – without leaving broadcast transactions entirely unregulated.  They contend that doing so would enable broadcasters to scale, pool capital, and share infrastructure – particularly in rural areas.  Simington and Wax’s article follows their articles earlier this month calling for a DOGE-style reform of the FCC (which we noted here), and proposing that the FCC impose a 30% cap on reverse retransmission fees (which we noted here).
  • FCC Commissioner Gomez continued her “First Amendment Tour to Challenge Government Censorship and Control“ with remarks at an event hosted by Free Press in Los Angeles.  The event also featured comments from Congressman Ruiz (D-CA), member of the House Subcommittee on Communications and Technology Subcommittee.  Gomez restated her call that the FCC must cease its investigations into broadcasters’ editorial decisions in their newsrooms, and into public broadcasters’ fulfillment of their noncommercial programming obligations, since these investigations are aimed at chilling speech.  Both Gomez and Ruiz also stated that the FCC’s potential roll back of its media ownership rules is part of an effort to manipulate and maintain an independent free press for either corporate or political interests, noting that journalists are an important check on political power in a democracy.  
  • The FCC’s the Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting to Bronx, New York landowners for allegedly allowing a pirate to broadcast from their property.  The Bureau warned the landowners that the FCC may issue a fine of up to $2,453,218 under the PIRATE Radio Act if the landowners continue to permit pirate radio broadcasting from their property after receiving this notice.
  • The Enforcement Bureau issued a Notice of Violation against a Michigan AM station after a site inspection by the Bureau’s field agents revealed that the station’s chief operator failed to maintain Emergency Alert System logs and failed to conduct weekly reviews of the station’s records as required by the FCC’s rules.  The station must now explain to the Bureau how it will correct the rule violations and prevent future violations from occurring.  
  • The FCC’s Media Bureau and Office of Managing Director (OMD) took two actions against broadcasters for failure to pay their regulatory fees:
    • The Bureau and the OMD revoked two Texas FM stations’ licenses due to their failure to pay their delinquent regulatory fees or show that the debts are not owed or should be waived or deferred in response to the Order to Pay or to Show Cause issued against the stations in February, which we discussed here.  The stations have a combined unpaid regulatory fee debt totaling $14,222.60 for fiscal years 2017, 2018, 2019, 2020, 2021, and 2024.  The Bureau and the OMD also noted that the revocation of the stations’ licenses does not relieve them of their debt obligation to the FCC.  
    • The Bureau and the OMD also issued an Order to Pay or to Show Cause against a Tennessee AM station proposing to revoke the station’s license unless, within 60 days, the station pays its delinquent regulatory fees and interest, administrative costs, and penalties, or shows that the debts are not owed or should be waived or deferred.  The station has an unpaid regulatory fee debt totaling $16,752.12 for fiscal years 2016, 2018, 2019, 2020, 2021, 2022, 2023, and 2024.

May 19, 2025 to May 23, 2025

  • The U.S. Court of Appeals for the Fifth Circuit rejected the FCC’s 2024 attempt to reinstate Form 395-B which, had it become effective, would have required broadcasters to annually classify all of their employees by race, gender, and employment position and upload that information to their FCC-hosted online public inspection files.  The Court found that the collection of this data was beyond the statutory authority of the FCC.  The Court said that the general public interest standard set forth in the Communications Act, upon which the FCC relied for its authority to collect the data, merely tells the FCC how to regulate; it does not tell the FCC what it can regulate.  The Court found that as this employee data was not needed to regulate in any of the areas that the FCC was authorized to regulate by the Act, its adoption was not a proper exercise of the FCC’s statutory authority.  On our Broadcast Law Blog, we delved deeper into the Fifth Circuit’s decision and how it may limit the FCC in other areas where it attempts to justify regulation solely by the Communication Act’s public interest standard.
    • In a post on X about the Fifth Circuit’s decision, FCC Chairman Carr cited to his dissent to the FCC’s February 2024 decision to reinstate the Form where he said that the reinstatement “was an unlawful effort to pressure businesses into discriminating based on race & gender.”  FCC Commissioner Gomez also released a statement stating that although she was disappointed in the Court’s decision, she thought that the ruling established that the FCC lacked authority to police private companies’ DEI practices. 
  • FCC Commissioner Starks announced at the FCC’s regular monthly Open Meeting that it would be his last monthly meeting as a commissioner.  In March, Starks announced his intent to resign his seat “this spring.”  Starks’ departure will leave the FCC with a 2-1 Republican majority, which may soon increase to 3-1.  Olivia Trusty has been nominated for the third Republican seat and has been approved by the relevant Senate committee, and her confirmation may soon come from the full Senate.  President Trump has not nominated a replacement to fill Starks’ seat.  FCC Commissioners Gomez and Simington released statements thanking Starks for his service and professionalism.  See our Broadcast Law Blog article for our thoughts on what actions we can expect from a Republican-controlled FCC.  
  • At its Open Meeting, the FCC adopted a Notice of Proposed Rulemaking proposing to require certain FCC-regulated entities and auction applicants, including all broadcast licensees and permittees, to file a certification identifying if they are owned or controlled by a foreign adversary. The final version of the NPRM has not yet been released, but the FCC did issue a news release announcing its action. The draft of the NPRM released in anticipation of this action proposed to define foreign adversaries as the Peoples’ Republic of China, Cuba, Iran, North Korea, Russia, and Venezuela.  Entities certifying yes would then need to disclose all ownership interests held by a foreign adversary (including interests held by their citizens or companies organized under their laws) of 5% or greater and describe the nature of the foreign adversary’s control.  They would also need to report changes in such interests within 30 days.  The FCC proposes to revoke FCC authorizations for entities filing false or incomplete certifications or for failing to file certifications when required.  For broadcasters, the FCC seeks comment on whether to use the broadcast ownership rules’ attribution criteria for determining a foreign adversary’s attribution to a broadcaster, and whether to make any changes to the existing foreign sponsorship identification rules to require disclosures for programming provided by foreign adversaries. Watch for the release of the final version of the NPRM for any changes from the draft, as well as for the comment deadlines.
  • The FCC’s Media Bureau announced that May 23 was the effective date of the FCC’s modified rules for the use of asymmetric sidebands for digital operations by FM stations.  As we noted here, the FCC released a Report and Order in September 2024 permitting digital FM radio stations to operate at different power levels on their upper and lower digital sidebands.  In that Order, the FCC said that to initiate operations with asymmetric sidebands, a notification of digital FM operations would have to be made using the Form 335-FM.  That form that was just recently approved, leading to this effective date.  
  • The FCC released a Public Notice reminding broadcasters and others that the increases in its application fee became effective May 23, and announcing that Application Fee Filing Guides will be available on the FCC’s website here Though, thus far, no new fee guides have been posted).  The fee increases were approved by the FCC in January, increasing broadcast application fees by an average of more than 17% to reflect changes in the Consumer Price Index.  When they were adopted, we provided more details on our Blog about these increases.
  • The Presidential Commission to Make America Healthy Again, created by an Executive Order of the President, released its assessment identifying what it saw as the key drivers behind “the childhood disease crisis.”  Media companies should be aware that the report identified distorted marketing to children of ultra-processed foods (pp. 29-30), the overuse of technology and excess “screen time” (Section Three), and prescription drug advertising (p. 70) among the causes of unhealthy outcomes.  Be alert for regulatory actions which may follow the release of this report.  
  • Committees in the House and Senate held hearings regarding regulation of artificial intelligence use:
    • The Senate Judiciary Committee held a hearing titled: “The Good, the Bad, and the Ugly: AI-Generated Deepfakes in 2025.”  The hearing featured testimony from Martina McBride (country music singer), Mitch Glazier (Recording Industry Association of America), Christen Price (National Center on Sexual Exploitation), Justin Brookman (Consumer Reports), and Suzana Carlos (YouTube).  The hearing discussed possible ways to minimize the harms of AI-generated deepfakes, including by passing the No Fakes Act and the Take It Down Act.  The hearing also discussed the role of service providers in removing deepfakes, and concerns for artists about AI-generated content.  A video of the hearing and copies of witness testimony can be found here.
  • The House Commerce, Manufacturing, and Trade Subcommittee held a hearing titled: “AI Regulation and the Future of U.S. Leadership.”  The hearing featured testimony from Sean Heather (U.S. Chamber of Commerce), Adam Thierer (R Street Institute), Marc Bhargava (General Catalyst), and Amba Kak (AI Now Institute).  Key lines of questioning included the status of state AI regulations and the U.S.’s AI regulatory approach.  The hearing memo is available here.  A video of the hearing can be found here. 

May 12, 2025 to May 16, 2025

  • The FCC’s Media Bureau extended the deadline for TV broadcasters to comply with the audible crawl rule’s until the earlier of May 27, 2026 or until the FCC rules on the National Association of Broadcasters’ petition for rulemaking proposing that broadcast stations be permitted to comply by providing “textual crawls that provide emergency information duplicative or equivalent to the information conveyed by the visual image” (see our previous coverage here, here, and here).  The audible crawl rule requires all commercial and noncommercial full-power TV, Class A TV, LPTV, and TV translator stations to use the station’s secondary audio channel to provide aural descriptions of visual but non-textual emergency information (e.g., weather radar images) broadcast during non-news programming.  This requirement has been consistently delayed since the FCC adopted it in 2013, most recently through May 27, 2025 (see our note here), because no technology yet exists to automatically convert this graphic information into speech.  The Bureau noted that any harm caused by extending the compliance deadline was minimal because the graphic information is generally duplicative of textual information that stations already describe aurally.  The FCC urged broadcasters to make any emergency information accessible to all while the revision of the rule is being considered.  
  • FCC Commissioner Simington appeared in two media interviews this week discussing various FCC matters including the future of broadcast regulation:
    • Simington posted a cable news interview on X in which he stated that there are “too many people regulating broadcast media and micromanaging it to a degree where there’s almost not even predictability over whether a deal will go through or whether a practice will be allowed,” and expressed his support for calls to “DOGE the FCC.”  This follows an article published last week by Simington and his Chief of Staff, Gavin Wax, advocating for DOGE-style reform of the FCC, which we noted here. 
    • Simington also appeared on a British podcast in which he discussed various matters regarding broadcast regulation.  On FCC regulation of news distortion, Simington stated that while the FCC should not be “a ministry of truth,” it should step in during limited but important circumstances, such as such the deliberate misrepresentation of a newsworthy event, citing the Center for American Rights’ news distortion complaint against CBS.  On reverse retransmission consent fees, Simington stated that the government must take a serious look into whether they serve the public interest because the fees force broadcasters to choose between disaffiliating and losing access to network programming or staying affiliated and absorbing financial losses that force cuts to their newsrooms (earlier this month we noted Simington’s proposal to cap such fees).  
  • Related to the news distortion complaint against CBS, Senators Markey (D-MA) and Lujan (D-NM) sent FCC Chairman Carr a letter urging him to ensure that the Paramount-Skydance merger is approved through an affirmative vote by the full Commission, as opposed to delegating the matter to the Media Bureau for consideration, given the high-profile nature of the deal and because of the need for transparency because Paramount is considering settling what the letter terms its “frivolous” litigation with President Trump.  The Senators state that the transaction is unique among mergers reviewed by the Commission given the unrelated lawsuit by President Trump against CBS for its supposed deceptive editing of the interview with then-Vice President Harris which, as we noted here, here, and here, is the basis of the news distortion complaint pending with the FCC. As we noted here, here, here, here, here, and here, the Paramount-Skydance transfer applications propose that David Ellison acquire a controlling stake in the company and become its Chairman and CEO. 
  • Democratic FCC Commissioner Anna Gomez continued her “First Amendment Tour” with a speech to the DC-based Media Institute, expressing concerns that the FCC licensing process is being used for political purposes, alluding to fallout from the CBS investigation in her examples of instances where she thinks that the FCC is stepping on First Amendment freedoms.   
  • The Enforcement Bureau has recently issued several Notices of Violation against tower owners warning them of observed violations of the FCC’s tower rules.  These NOVs were issued after the Bureau’s field agents conducted investigations of the tower sites prompted by complaints about tower lighting outages.  The Bureau issued an NOV against a New York tower owner for failing to comply with the FCC’s rules governing tower lighting and painting, the requirements to notify the FCC regarding tower ownership changes, and the tower lighting observation and outage reporting requirements.  The Bureau also issued an NOV against a California tower owner for failing to provide the FCC with its updated contact information, failing to extend its Notices to Airmen (NOTAM) with the FAA concerning its tower lighting outage (a NOTAM is to be submitted by a tower owner to the FAA when there are tower lighting outages to warn pilots of the potential hazard), and failing to repair that outage.  Last month, the Bureau issued an NOV against another New York tower owner for failing to notify the FCC regarding its acquisition of the tower.  The tower owners must now explain to the Bureau how it will correct their FCC rule violations and prevent future violations from occurring.  These NOVs should put all tower owners on notice that the Bureau is actively investigating tower lighting outage complaints, which can result in the Bureau finding additional FCC rule violations and potentially issuing fines for those violations.  See our Broadcast Law Blog articles here, here, and here for more information about rule violations that led to FCC fines for failing to update the required Antenna Structure Registrations (FCC records of who owns a tower), for not keeping accurate records of the monitoring of tower lights, and for not reporting tower lighting outages.  
  • The FCC’s Enforcement Bureau entered into a Consent Decree with a Floria pirate broadcaster to resolve its investigation of his illegal operations.  In January 2024, the Bureau proposed a $358,665 fine against the individual for its pirate broadcasting.  Due to the individual’s demonstrated inability to pay the fine and because he ceased pirate broadcasting, the fine was reduced by the Consent Decree to a $11,000 civil penalty, but the individual must pay a further penalty of $347,665 if he engages or assists anyone else in pirate broadcasting during the Consent Decree’s 20-year term. 
  • Also on pirate radio, the Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting to a Bronx, New York landowner for allegedly allowing a pirate to broadcast from its property.  The Bureau warned the landowner that the FCC may issue a fine of up to $2,453,218 under the PIRATE Radio Act if the landowner continues to permit pirate radio broadcasting from its property after receiving this notice.
  • The Media Bureau granted a Massachusetts LPFM construction permit application over an objection alleging that the applicant did not provide acceptable evidence of its established community presence (meaning that the applicant existed as a nonprofit educational organization for at least two years and was either physically headquartered or 75% of its board members resided within 10 miles of its proposed station’s transmitter site) to qualify for points under the FCC’s point system analysis.  The Bureau found that the applicant’s submission of documentation showing that it was incorporated in Massachusetts and a list of board members’ addresses was acceptable evidence of its established community presence.  

April 28, 2025 to May 2, 2025

  • President Trump signed an Executive Order purporting to end federal subsidies for NPR and PBS provided through the Corporation for Public Broadcasting (CPB).  The EO states that government funding of news media is outdated, unnecessary, and corrosive to journalistic independence, claiming that CPB failed to abide by impartiality principles in subsidizing NPR and PBS as neither network presents a fair, accurate, or unbiased portrayal of current events.  Separately, President Trump removed three of the five CPB board members.  CPB sued Trump in response, pointing to federal law and a U.S. Supreme Court ruling to contend that the President does not have such removal power. 
  • FCC Commissioner Simington and his new Chief of Staff, Gavin Wax, published an article proposing that the FCC cap at 30% the amount that any national TV network can receive from reverse retransmission fees (the revenue from cable and satellite television retransmission consent fees paid to affiliated local TV stations that the stations then pay to their broadcast networks).  The article claims that a cap on payments to the networks would provide more financial support for local programming provided by the affiliates instead of benefitting what Simington and Wax perceive as the biased and political messages provided by corporate media outlets owning the broadcast networks. 
  • The FCC released a Notice of Proposed Rulemaking proposing updates to its foreign ownership rules under Section 310(b) of the Communications Act of 1934 applicable to many FCC licensees, including broadcasters.  Section 310(b) prohibits foreign entities, individuals, and governments from holding ownership interests of more than 20% in an FCC licensee and ownership interests of more than 25% in a U.S. entity that directly or indirectly controls an FCC licensee.  FCC licensees, however, can ask the FCC to approve foreign ownership interests above the 25% threshold.  We wrote more about the draft NPRM here.  
  • Both the U.S. House of Representatives and the FCC initiated actions to require public disclosure by FCC-regulated entities, including broadcasters, that are owned or controlled by foreign adversaries:
    • The House passed the Foreign Adversary Transparency Act, which directs the FCC to publish a list of FCC-regulated entities, including broadcasters, that are owned or controlled by foreign adversaries.  The bill requires the FCC to post the list on its website within 120 days of the bill’s enactment for certain telecommunications providers and within 1 year after the FCC adopts rules implementing the bill for all other FCC-regulated entities, including broadcasters.  The bill also requires the FCC to annually update the list.  The bill must pass in the Senate and then be signed by President Trump before becoming law.
    • The FCC released a draft NPRM that, if adopted at its next Open Meeting on May 22, would propose requiring certain FCC-regulated entities and auction applicants, including all broadcast licensees and permittees, to file a certification stating if they are owned or controlled by a foreign adversary, which the FCC proposes to mean the Peoples’ Republic of China, Cuba, Iran, North Korea, Russia, and Venezuela.  Entities certifying yes would then need to disclose all foreign adversary ownership interests of 5% or greater and the nature of the foreign adversary’s control.  They would also need to report changes in such interests within 30 days.  The FCC proposes to revoke FCC authorizations for entities filing false or incomplete certifications or for failing to file certifications when required.  For broadcasters, the FCC seeks comment on whether to use the broadcast ownership rules’ attribution criteria for determining a foreign adversary’s attribution to a broadcaster, and whether to make any changes to the existing foreign sponsorship identification rules to require disclosures for programming provided by foreign adversaries.  
  • At the press conference after the FCC’s Open Meeting, FCC Chairman Carr stated that the FCC’s review of the Center for American Rights’ news distortion complaint against a CBS-owned TV station (see our discussion here, here, and here) remains ongoing.  Carr also stated that the broadcast networks were potentially using network affiliation agreements to exercise too much control over local broadcasters, which could lead to ownership attribution issues.    
  • The FCC’s Media Bureau issued a Public Notice seeking comment on HC2 Broadcasting Holdings, Inc.’s petition for rulemaking proposing to allow LPTV stations to operate on a voluntary basis using the 5G transmission standard as an alternative to the ATSC 1.0 and 3.0 transmission standards.  This proposal to allow LPTV stations to use the 5G standard would not apply to LPTV stations with must-carry status to avoid imposing new burdens on cable systems by forcing such systems to adapt their technology to allow carriage of 5G stations.  Comments and reply comments responding to HC2’s petition are due June 2 and July 1, respectively.  
  • Reply comments were filed in the FCC’s “Delete, Delete, Delete” proceeding in which the FCC sought to identify rules, including those applicable to broadcasters, for modification or deletion (see our discussion here).  Copies of the over 150 reply comments filed can be found here.  The National Association of Broadcasters and many broadcasters (including here, here, here, here, and here) urge the FCC to repeal its local radio and television ownership rules to ensure the broadcast industry’s viability.  The NCTA – The Internet & Television Association asserts that the FCC must maintain the broadcast ownership rules to protect competition and consumers.  The National Association of Black Owned Broadcasters argues that repealing the ownership rules would reduce opportunities for minority broadcast ownership.  Several broadcasters (including here and here) urge the FCC to repeal many other rules because they are unnecessary and burdensome for stations to comply with including the children’s television programming rules, the OPIF requirements, the EEO rules, and the twelve-month continuous operating condition imposed on broadcast station licenses.  Other broadcasters (including here and here) ask the FCC to resist calls to repeal its must carry and retransmission consent rules which they argue are needed to keep MVPDs’ market power in check.  Free Press and Public Knowledge filed to remind the FCC that any substantive rule change must undergo separate notice and comment proceedings under the Administrative Procedure Act before taking place.  
  • The FCC’s Enforcement Bureau issued three Notices of Illegal Pirate Radio Broadcasting against landowners in Boston, Massachusetts, Worcester, Massachusetts, and Brooklyn, New York for allegedly allowing pirates to broadcast from their properties.  The Bureau warned the landowners that the FCC may issue fines of up to $2,453,218 under the PIRATE Radio Act if the FCC determines that the landowners continue to permit pirate radio broadcasting from their properties after receiving these notices.
  • The FCC’s Media Bureau and Office of Managing Director issued an Order to Pay or to Show Cause against a Kentucky AM station proposing to revoke the station’s license unless, within 60 days, the station pays its delinquent regulatory fees and interest, administrative costs, and penalties, or shows that the debts are not owed or should be waived or deferred.  The station has an unpaid regulatory fee debt totaling $9,261.41 for fiscal years 2013, 2014, 2015, 2016, 2022, and 2023.
  • The Media Bureau entered into three Consent Decrees with TV stations located in Rancho Palos Verdes, Twentynine Palms, and Ventura, California for failing to timely upload documents to their Online Public Inspection Files.  The Bureau found that the Twentynine Palms station uploaded 31 Issues/Program lists and 23 commercial limits certifications late, the Ventura station uploaded 26 Issues/Program lists and 21 commercial limits certifications late, and the Rancho Palos Verdes station uploaded 27 Issues/Programs lists and 20 commercial limits certifications late.  The Bureau also found that the Rancho Palos Verdes station failed to timely file its license application, which was filed more than three years after commencing operations and nine months after its construction permit expired.  The Consent Decrees require each station to enter into a compliance plan to prevent future FCC rule violations and to pay civil penalties in the amounts of $42,500 for the Rancho Palos Verdes station and $32,500 each for the Twentynine Palms and the Ventura stations.
  • The Media Bureau granted the requests of three TV stations located in Kansas, Kentucky, and Louisiana to remain on their existing channels because they cannot complete construction of new facilities on different channels to which they were authorized to move by the deadlines for that construction.  The Bureau granted the following updates to the TV Table of Allotments to reflect the stations’ continued operation of their existing channels: substituting Channel 12 for Channel 28 at Wichita, Kansas; substituting Channel 8 for Channel 24 at Monroe, Louisiana; and substituting Channel 12 for Channel 20 at Hazard, Kentucky.  

On our Broadcast Law Blog, we highlighted upcoming regulatory dates and deadlines in May affecting broadcasters, including the effective date of increased application fees, comments in proceedings on EAS and the ATSC 3.0 transition, and the start of lowest unit rate windows for a number of elections, including those for primaries for NY City mayor and Virginia’s governor and many of its state legislators.  We also published an article looking at possible changes to the FCC’s local broadcast ownership rules for radio and TV and when and how those changes might take place.

April 21, 2025 to April 25, 2025

  • The FCC announced that May 23 is the effective date of its January Order increasing its application fees, including those for broadcast station applications, by an average of more than 17% to reflect changes in the Consumer Price Index.  When the Order was issued, as we noted here, then FCC Chairman-designate Carr issued a concurring statement highlighting that the fee increases would unduly burden FCC-regulated entities, but reluctantly voted to approve the increases as the FCC is statutorily required to adjust its fees to reflect inflation.  When the revised fees were announced, we provided more details on the specific increases in fees for various broadcast applications on our Broadcast Law Blog.
  • The National Association of Broadcasters filed comments with the Office of Management and Budget arguing that the OMB should not approve the expansion adopted in June 2024 of the FCC’s foreign sponsorship identification rules, expanding the requirement that broadcasters determine whether those who “lease” program time are foreign government agents to cover buyers of advertising spot time that is not for a commercial product or service (e.g., paid PSAs and issue ads, see the discussion on our Blog here).  The expanded rules require OMB approval before they can take effect.  The NAB contends that the expanded rules are unlawful, exceed the FCC’s statutory authority, violate broadcasters’ First Amendment rights, and conflict with the Trump Administration’s deregulation policies.  The NAB also contends that the FCC significantly underestimates the burdens that the new rules will place on thousands of broadcast stations and their advertisers and sponsors.  As we discussed here, the NAB is separately challenging this expansion of the rules in court.  
  • Gray Television filed a petition for rehearing of the U.S. Court of Appeals for the 11th Circuit’s Opinion vacating the FCC’s $518,283 fine against Gray for violating the FCC’s Top-4 Prohibition but agreeing that Gray violated the rule (see our discussion here).  The Prohibition restricts TV station licensees from acquiring the network affiliation or license of another in-market TV station when the licensee would hold two of the Top-4 rated TV stations in a Designated Market Area as a result of the transaction.  Gray requests that the full 11th Circuit vacate the decision for reasons including that the FCC lacked statutory authority to enforce the Top-4 Prohibition and because the FCC’s fine violated Gray’s right to a jury trial under the Seventh Amendment following the Supreme Court’s recent decision in SEC v. Jarkesy and the Fifth Circuit’s decision in AT&T v. FCC, which, as we discussed in our weekly summary last week, undermines the FCC’s authority to issue fines.  
  • The Center for American Rights filed a news distortion complaint with the FCC against ABC, CBS, and NBC for their recent news reports regarding a Maryland man who is a permanent U.S. resident that a federal court found was wrongly deported to El Salvador by the Trump Administration.  CAR claims that the broadcast networks intentionally distorted key facts regarding the circumstances of the individual’s deportation, including failing to state that he was an illegal alien and not a permanent U.S. resident, and that an immigration judge found him to be a member of the MS-13 gang.  CAR cites some of FCC Chairman Carr’s statements on X in its complaint, including Carr’s statements in February regarding the lack of public trust in legacy media and Carr’s statement last week regarding Comcast’s coverage of this particular issue. 
  • FCC Commissioner Gomez announced that she will participate in a nationwide series of speaking engagements and listening sessions focused on protecting the First Amendment’s rights and freedoms.  The events will also provide Gomez with a forum for engaging stakeholders and the public in a discussion on how the FCC is being weaponized to attack freedom of speech in the media sector – including its recent investigations of broadcasters for their newsroom editorial decisions – instead of focusing on the agency’s core mission of connecting the public, protecting consumers, and supporting competition.  The events will be open to the public and livestreamed where possible.  
  • The FCC announced in the Federal Register that comments are due June 20 addressing the following proposals of radio stations to change their community of license: WQVD(AM), from Orange-Athol, Massachusetts, to Paxton, Massachusetts; WXRS(AM), from Wainsboro, Georgia, to Henderson, Georgia; KAZK(FM), from Willcox, Arizona, to Catalina, Arizona; KCRQ(FM), from Junction, Texas, to Cherry Spring, Texas; KRXD(FM), from McNary, Arizona, to Wagon Wheel, Arizona; WQBG(FM), from Elizabethville, Pennsylvania, to Carroll Township, Pennsylvania; and WQKX(FM), from Sunbury, Pennsylvania, to Elizabethville, Pennsylvania.
  • The FCC’s Media Bureau announced that May 23 is the deadline for eligible applicants to file construction permit applications for the FM Channel 260C0 Tribal Allotment at Ethete, Wyoming, which is on the Wind River Reservation.  The filing window is open only to the Tribal entity that requested the channel and other eligible Tribes or Tribal entities who demonstrate their eligibility to file for the Tribal Allotment.  
  • The Enforcement Bureau issued Notices of Violation against two Florida LPFM stations operated by the same licensee (here and here) after field inspections revealed that the stations were operating at power levels more than eight and nine times the levels authorized by their licenses.  The stations must now explain to the Bureau how they will correct the rule violation and prevent future violations from occurring.
  • The FCC’s Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting against a Hartford, Connecticut landowner for allegedly allowing a pirate to broadcast from its property.  The Bureau warned the landowner that the FCC may issue fines of up to $2,453,218 under the PIRATE Radio Act if the FCC determines that the landowner continues to permit pirate radio broadcasting from its property after receiving this notice.
  • The Media Bureau granted a TV station’s proposal to substitute UHF channel 15 for VHF channel 11 at Price, Utah.  The Bureau found that the proposed substitution complied with the FCC’s technical rules and that no viewers would lose service due to the channel change because the station had not commenced operations on its existing channel.  The Bureau also agreed that the substitution would allow the station to avoid the known viewer reception issues on its currently authorized VHF channel.  

The Media Bureau granted two mutually exclusive construction permit applications for new Texas LPFM stations on a time-sharing basis after denying a third mutually exclusive construction permit application due to its applicant’s failure to respond to a petition to deny filed against the application.  Since the Bureau found that the remaining applicants qualified for the same number of points under the points system analysis used to evaluate mutually exclusive LPFM applications, the Bureau ordered the applicants to submit a time-sharing proposal or it would impose one on the stations.

April 14, 2025 to April 18, 2025

  • The US Court of Appeals for the Fifth Circuit issued a decision that raises significant questions about the FCC’s ability to fine entities that it regulates for violations of its rules.  The Court’s decision overturned a $57 million FCC-imposed fine on AT&T for not adequately protecting the location data of some of its mobile phone users, finding that the imposition of the fine violated the company’s 7th Amendment rights to a jury trial.  The Court cited the Supreme Court’s Jarkesy decision from last year, holding that administrative agencies cannot issue fines that are analogous to penalties at common law without affording the right to a jury trial to those accused of the violation.  The Fifth Circuit’s decision focused on the fine on AT&T being a monetary penalty paid to the US Treasury and that it was not associated with any reimbursement to injured parties, and it determined that AT&T’s alleged failure to safeguard customer data was analogous to a negligence action where a defendant is entitled to a jury trial.  Commissioner Simington has been consistently dissenting from decisions where the FCC imposes fines on regulated entities, including broadcasters, since the Jarkesy decision was issued (see his statement here calling on the FCC to review its authority to issue fines, which we noted in our Broadcast Law Blog’s look at issues that might be addressed by this new administration at the FCC), and this case magnifies those concerns.  Look for future court cases or FCC actions to further define the FCC’s ability to issue fines in light of this decision.  
  • Comments were due last week in the FCC’s “Delete, Delete, Delete” proceeding in which the FCC sought to identify FCC rules, including those applicable to broadcasters, that are worthy of modification or deletion (see our discussion here).  Copies of the nearly 900 comments filed can be found here.  Commenters called on the FCC to eliminate most of its ownership rules, including the national television ownership cap, the local television ownership rule, and the radio ownership rule.  There were also calls to eliminate online public file requirements, biennial ownership report requirements, and the FCC’s equal employment opportunities rules.  Commenters also recommended eliminating or reforming children’s television programming requirements and the news distortion policy.  Several commenters made suggestions regarding repeal or reform of technical rules, including rules impacting everything from ATSC 3.0 to FM translators.  MVPD interests called for elimination or reform of TV carriage-related rules including non-duplication and syndicated exclusivity rules and must carry requirements.  Watch for further developments as the FCC processes these comments.  
  • The FCC’s Enforcement Bureau issued a Notice of Violation against a Puerto Rico AM station licensed to operate with a two-tower directional array that was found to be transmitting from a single tower without requesting Special Temporary Authority to operate at variance from its license.  The station must now explain to the Bureau how it will correct the rule violations and prevent future violations from occurring.
  • The FCC’s Media Bureau entered into a Consent Decree with the licensee of a group of Nevada TV translator stations due to its filing of the translators’ license renewal application over four months late and over one month after their licenses had expired, and for operating the translators without authorization after their licenses had expired.  The Consent Decree requires that the licensee enter into a compliance plan to ensure that future FCC rule violations do not occur. 
  • President Trump stated this week (see here and here) that CBS should lose its broadcast station licenses for 60 Minutes’ alleged false and defamatory coverage of Trump during the 2020 and 2024 presidential elections as well as its recent coverage of the President’s policies concerning Greenland.  Trump also stated that he hoped that FCC Chairman Carr would impose the maximum fines and penalties on CBS stations for 60 Minutes’ news coverage.  
  • Chairman Carr stated this week that Comcast was ignoring its public interest obligations by misleading the public by implying in recent news reports regarding a Maryland man, who is a permanent U.S. resident that a federal court found was wrongly deported to El Salvador by the Trump Administration, was “merely a law abiding U.S. citizen.”  Instead, Carr implied that Comcast was engaging in news distortion by, in his view, failing to inform its viewers that the man was a member of the MS-13 gang and failing to disclose that he was denied bond by a federal immigration court for failing to show why he did not pose a danger to the public.  
  • During a visit to a Philadelphia NPR and PBS affiliate, FCC Commissioner Gomez stated that the FCC’s recent investigations into public broadcasters (see our discussion here) “threaten to create a new kind of news desert—one where communities can’t access the local critical information they need.”  Instead, Gomez stated that the FCC “must prioritize protecting and expanding the public’s access to timely, accurate news, free from political interference.”  Gomez visit to the Philadelphia public broadcaster is, according the FCC press release issued in connection with the trip, part of a series of such visits by the Commissioner to engage with local broadcasters to better understand the current media landscape and to draw attention to how the FCC’s recent investigations of PBS and NPR affiliates can disrupt their distribution of local news and emergency information that is vital to such stations’ public interest obligations.  

April 7, 2025 to April 11, 2025

  • The NAB and SoundExchange filed with the Copyright Royalty Board a proposed settlement of the pending litigation over the 2026-2030 royalty rates to be paid to performers and copyright holders (usually the record companies) for the public performance of sound recordings.  Broadcasters pay these royalties to SoundExchange for streaming music online, including through mobile apps and to smart speakers.  The current rate is $0.0025 per Performance (a performance is every time one listener hears a song – so, for example, if a station has 10 listeners during an hour and they each hear 10 songs, that is 100 Performances).  The settlement’s proposed rates for 2026 to 2030 are as follows: 2026 – $0.0028 per Performance; 2027 – $0.0029 per Performance; 2028 – $0.0030 per Performance; 2029 – $0.0031 per Performance; and 2030 – $0.0032 per Performance.  For more on this settlement, see our Broadcast Law Blog article here.  
  • The FCC’s Media Bureau granted an assignment application permitting a broadcaster to acquire two of the top-4 ranked TV stations in the Eureka, CA Designated Market Area (DMA).  The FCC’s ownership rules allow a single entity to own two of the top-4 ranked TV stations in the same market only if they can show that the public interest would be advanced by such a combination. In the last administration, these combinations were rarely approved – and, when approved, the review process tended to be long.  Here, the Bureau granted this application in about 90 days, finding that the continuation of the combination of the Eureka market’s NBC and CBS affiliates (a full power TV and LPTV station, respectively) was in the public interest.  Both stations provide local news each weekday, and the failure to allow the combination to continue might lead to a reduction in local news if the stations were forced to be separately owned.  The Bureau also found that the DMA’s small population and large geographic area made it costly for a broadcaster to serve the entire market, and a prospective broadcaster would need to invest significant amounts of capital on which a return would be unlikely to build out the LPTV station to operate on a standalone basis without the full-power TV station’s resources to assist its operations.  
  • The FCC’s Media Bureau issued a Public Notice seeking comment on the National Association of Broadcasters’ petition for rulemaking asking for a hard deadline for full-power TV stations to complete the transition to the new ATSC 3.0 transmission standard.  The NAB proposes that the transition occur in two phases.  TV stations in the top 55 markets would be required to transition by February 2028; and TV stations in remaining markets would have a transition deadline of February 2030.  The NAB asks for several rule changes to assist with the transition, including requiring that new TV sets sold after February 2028 be ATSC 3.0-compatible, and updating the MVPD carriage rules to reflect the proposed transition deadlines.  The NAB also proposes that the FCC eliminate the “substantially similar” requirement (requiring that stations’ ATSC 3.0 principal broadcast stream replicate their ATSC 1.0 broadcast) earlier than the current July 17, 2027 sunset date.  In the Notice, the Bureau also seeks comment on the NAB-led Future of Television Initiative Report, released in January, detailing the findings of a process initiated by the NAB and FCC to bring together stakeholders from across the TV industry (including consumer advocates) to make recommendations for the successful deployment of the ATSC 3.0 standard (see our discussion here).  Comments and reply comments responding to the NAB’s petition and its report are due May 7 and June 6, respectively.  
  • The FCC released a draft Notice of Proposed Rulemaking proposing updates to its foreign ownership rules that are applicable to many FCC licensees, including broadcasters.  Section 310(b) of the Communications Act prohibits foreign entities, individuals, and governments from holding ownership interests of more than 20% in an FCC licensee, but it allows foreign ownership interests of more than 25% in a U.S. entity that directly or indirectly controls an FCC licensee where such ownership will not harm the public interest.  In the NPRM, the FCC proposes to codify and streamline its review procedures for applications proposing greater than 25% foreign ownership of a parent company.  The FCC seeks comment on several issues specific to broadcasters including whether it should pause or continue processing station applications while a Section 310(b) petition remains pending, and how it should determine foreign ownership levels of noncommercial and LPFM stations given their unique structures.  
  • The Senate Committee on Commerce, Science, & Transportation held a confirmation hearing on Olivia Trusty’s nomination as the fifth FCC Commissioner, filling the vacancy left when former FCC Chairwoman Rosenworcel resigned in January.  A wide range of FCC-related issues were discussed at the hearing.  In answers to senator’s questions, Trusty stated that the FCC should promote policies allowing broadcasters to better compete against technology companies for advertising and audience, while increasing the availability of local news.  Trusty also affirmed her support for the First Amendment and agreed that the FCC should not conduct investigations for political purposes.  A recording of the hearing can be found here. 
  • The U.S. Court of Appeals for the D.C. Circuit heard oral argument in the NAB’s appeal of the FCC’s June 2024 Foreign Sponsorship Identification Report and Order which expanded the requirement that broadcasters determine whether those who “lease” program time on their stations are foreign government agents.  The 2024 decision expanded the requirement that broadcasters obtain certifications that buyers are not agents of foreign governments to include not just buyers of “leased” programs, but also buyers of spots not for commercial products or sponsored by political candidates (see our discussion here).  This would expand the requirement to include buyers of issue ads and paid PSAs.  The NAB argued that the Order violated the Administrative Procedure Act by not providing notice of the proposed expansion of the rule’s coverage, exceeded the FCC’s statutory authority, and violated the First Amendment.  Most of the judges’ questions were devoted to examining whether the FCC had provided adequate notice of its rule changes and the legal force of the FCC’s revised interpretation of “lease.”  A recording of the oral argument can be found here.
  • President Trump issued two presidential actions furthering his deregulatory agenda and efforts to exert control over independent agencies, such as the FCC.  Trump issued a memorandum requiring federal agencies to quickly repeal regulations inconsistent with recent Supreme Court decisions (such as its decision overturning the Chevron doctrine, which, as we discussed here, had required courts to defer to expert regulatory agencies like the FCC when interpreting ambiguous statutes), or that are otherwise unlawful.  The memorandum directs agencies to do so “immediately” without using the typical process of first requiring notice to and comment from the public.  Trump also issued an Executive Order directing agencies to identify anticompetitive regulations creating monopolies or setting barriers to the entry of new competitors and provide a list of the regulations that should be repealed or modified to the FTC Chairman and the Attorney General by June 18.
  • The Media Bureau granted a TV station’s proposed community of license change from Silver City, New Mexico, to Truth or Consequences, New Mexico, and the amendment of the TV Table of Allotments to reflect this change.  The Bureau found that granting the station’s proposed community of license change was in the public interest because the change would add a first local service to Truth or Consequences, would provide a first service to over 10,000 people that currently reside in areas without any full power TV service, and would not deprive Silver City of its sole local service.  
  • The Media Bureau acted on four new LPFM construction permit applications:
    • The Bureau dismissed three new Arizona LPFM construction permit applications filed by the same applicant because it failed to demonstrate its eligibility to be an LPFM licensee as a public safety radio service provider (which must be a local government or other nonprofit providing emergency services in its service area) and provided insufficient grounds for waiving the FCC’s rule prohibiting LPFM licensees from also holding interests in commercial broadcast stations.  The applicant sought a waiver to continue holding its commercial LPTV stations based on its status as a Tribal organization and its intent to provide noncommercial public safety radio service with the LPFM stations.  The Bureau rejected the applicant’s request, finding that it was a for-profit entity, ineligible to hold an LPFM license, and its ownership of for-profit LPTV stations violated the cross-ownership limitations – noting that the FCC did not intend for the LPFM service to be an adjunct to co-owned commercial media services.
    • The Bureau granted a new Colorado LPFM construction permit application over an objection claiming that the application violated the FCC’s LPFM minimum distance separation requirements with respect to a nearby first-adjacent FM translator.  The Bureau rejected the objector’s claims, finding that the proposed LPFM station complied with the FCC’s minimum spacing requirements – requirements that were recently clarified in another FCC decision.

March 31, 2025 to April 4, 2025

  • On the eve of its national convention in Las Vegas, the National Association of Broadcasters filed a letter with the FCC requesting that it eliminate the national television ownership cap, which prohibits any broadcaster from having ownership interests in TV stations with a combined audience reach of more than 39% of the total US TV households.  However, the audience of a UHF TV station (now the dominant mode of transmission) is discounted by 50% in computing a station’s audience reach, a remnant of analog transmission when UHF signals were inferior to those of VHF stations.  The NAB states that the outdated cap prevents broadcasters from competing with digital platforms for audiences and advertising revenues and harms the public’s access to free, over-the-air TV service, asserting that there is no longer any reason to retain the cap and urging its quick elimination. As we wrote on our Broadcast Law Blog when this issues was last considered, unlike the local broadcast ownership rules which are explicitly subject to FCC modification through the Quadrennial Review process, the 39% cap was imposed by Congress and there are questions as to the FCC’s authority to relax the limit on its own, though the NAB’s letter asserts that the FCC does have such authority.   
  • The NAB also filed a petition for rulemaking requesting that the FCC amend its EAS rules to permit EAS participants to use software-based EAS encoder/decoder devices instead of those that are purely hardware-based.  Current FCC rules are read to require all EAS encoder/decoder devices to be hardware-based, precluding internet-delivered updates to the operating system when necessary to provide new codes and other functionality.  As one of the two companies providing EAS encoder/decoder hardware has announced its intent to leave the business, there are concerns as to how currently deployed equipment can be maintained.  The NAB argues that updating the FCC’s EAS rules to permit voluntary use of a software-based approach would enhance EAS’ reliability and security without compromising its effectiveness, and that this change could be easily deployed to operate on many legacy EAS devices.  The FCC announced that comments responding to the NAB’s petition are due May 2.
  • On the FCC Blog, Chairman Carr published his preview of the issues to be considered at the FCC’s April regular monthly open meeting, announcing that, among other issues, the FCC would be proposing rules to spell out its procedures for dealing with foreign ownership of communications facilities.  Currently, the FCC deals with foreign ownership issues based on policy statements (see, for instance, our articles here and here on past policy changes dealing with foreign ownership interests in broadcast stations).  Chairman Carr states that rules would make these policies easier to understand and interpret.  Look for specifics in the coming week as the FCC is expected to release a draft of the Notice of Proposed Rulemaking to be considered at the April meeting.  
  • Congressman Frank Pallone, Jr. (D-NJ), Ranking Member of the House Energy and Commerce Committee; Congresswoman Doris Matsui (D-CA), Ranking Member of the House Energy and Commerce Subcommittee on Communications and Technology; and Congresswoman Yvette D. Clarke (D-NY), Ranking Member of the House Subcommittee on Oversight and Investigations, sent FCC Chairman Carr a letter expressing their concerns that certain recent FCC investigations of broadcasters and other media outlets appear to be politically motivated.  They argue that the FCC has weaponized the agency against the media in disregard of the agency’s statutory authority and the First Amendment, and seek information on various ongoing FCC investigations including the reinstated Center for American Rights’ news distortion complaints against ABC and CBS affiliates and an equal time complaint against an NBC affiliate (see our discussion here and here); the investigation of NPR and PBS for underwriting violations (see our discussion here); and allegations that a radio station violated its public interest obligations by discussing an ICE immigration raid.
  • The FCC released its quarterly Broadcast Station Totals.  The release shows that, compared to the same release from a year ago, there are 60 fewer AM stations and 42 fewer commercial FM stations, but 314 more noncommercial FM stations.  There were also 13 more commercial UHF TV stations but 11 fewer commercial VHF TV stations; and 2 more noncommercial UHF TV stations but 2 fewer noncommercial VHF TV stations. 
  • The FCC’s Media Bureau updated both the FM and DTV Tables of Allotments.
    • The Bureau reinstated the following channels in the FM Table of Allotments as vacant due to either the cancellation of a station license for the channel or the dismissal without grant of an application for the channel from a past auction: Channel 285A at Hope, Arkansas; Channel 289C1 at Valier, Montana; Channel 241C1 at Dalhart, Texas; Channel 229A at Kermit, Texas; Channel 263A at Mount Vernon, Texas; Channel 233A at Oakwood, Texas; Channel 288C2 at O’Brien, Texas; and Channel 230C2 at Seymour, Texas.  The Bureau also deleted Channel 269A at Avenal, California and replaced it with Channel 295A, and substituted Channel 272A for vacant Channel 264A at Koloa, Hawaii because Channel 264A did not comply with the FCC’s minimum distance spacing requirements.  The FCC will in the future announce windows for broadcasters to file construction permits applications to build new stations on these vacant allotments.
    • The Bureau also granted a petition proposing the substitution of UHF channel 29 for VHF channel 13 at Monroe, Louisiana due to the inferior quality of VHF channel signals.  The petition serves as another example of the superiority of UHF channels for the transmission of digital TV signals. 
  • In many recent weekly updates, we have reported on the continued processing of mutually exclusive applications from the FCC’s 2023 filing window for new LPFM stations as the FCC grapples with situations where multiple applicants filed for new facilities that cannot be simultaneously operate without causing interference to each other.  In each of the last two weeks, we noted Media Bureau actions forcing a time-sharing arrangement between mutually exclusive applicants whose total credits were the same in the points system analysis (see our articles here and here about that system) that the FCC uses to evaluate these mutually exclusive applications.  This week, the Bureau ordered another such arrangement when it granted two applications for new Texas LPFM stations tied in the point system analysis, each being allowed to operate 12 hours per day on a time-sharing basis.  In reaching this conclusion, the Bureau rejected an objection claiming that one applicant did not provide acceptable evidence of its established community presence in its proposed LPFM station’s service area to qualify for localism points under the point system analysis.  The Bureau found that the applicant adequately documented its community presence by providing its Certificate of Formation showing that it had existed for more than two years which, along with its Bylaws, also showed that its headquarters was within the 20-mile radius from its proposed transmitter site required to qualify for such credit.   

On our Broadcast Law Blog, we published an article looking at some of the FCC rules and policies that may be identified as worthy of modification or deletion in the FCC’s Delete, Delete, Delete proceeding, and reminded broadcasters to submit their ideas to the FCC by the April 11 comment deadline.  

March 24, 2025 to March 28, 2025

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.

  • FCC Chairman Carr stated on X that the FCC is prepared to block transactions among FCC-regulated companies, including broadcasters, where there is evidence that the companies have promoted “invidious” DEI policies.
  • The House Subcommittee on Delivering on Government Efficiency (DOGE) held a hearing titled “Anti-American Airwaves: Accountability for the Heads of NPR and PBS.”  The hearing included testimony from the heads of NPR and PBS, as well as representatives from the Heritage Foundation and Alaska Public Media, regarding the continued federal funding of NPR and PBS in light of the networks’ alleged political bias in their programming.  A recording of the hearing can be found here.  Copies of the witnesses’ written testimonies can be found here, here, here, and here.  
  • Perhaps as a reaction to the hearing, Congresswoman Matsui (D-CA), Ranking Member of the House Energy and Commerce Subcommittee on Communications and Technology, Congressmen Dan Goldman (D-CA) and Amodei (D-NY), Co-Chairs of the Public Broadcasting Caucus, and other members of Congress sent Chairman Carr a letter emphasizing the importance of continued federal funding of public broadcasting.  The letter emphasized the importance of public broadcasters in preserving local communities’ access to public safety alerts, news, and educational information, and urged the FCC not to chill public broadcasters’ legitimate underwriting practices.  The members also requested that Carr brief them by April 4 on how the FCC plans to ensure that its investigation of NPR and PBS’ underwriting practices (see our discussion here) does not undercut the ability of public broadcasters to provide vital services to their local communities.  
  • The FCC released a Notice of Inquiry exploring how the FCC can support industry efforts to develop new Positioning, Navigation, and Timing (PNT) technologies, including the Broadcast Positioning System (BPS) provided by TV stations operating with the ATSC 3.0 transmission standard.  The FCC seeks comment on whether BPS using ATSC 3.0 technology can complement or replace the Global Positioning System (GPS) currently used for PNT by delivering data that is less vulnerable to intentional interference than GPS.  Comments and reply comments are due April 28 and May 13, respectively.
  • The FCC’s Media Bureau announced that comments and reply comments are due April 23 and May 8, respectively, responding to the FCC’s Notice of Proposed Rulemaking proposing to update several broadcast rules.  The proposed updates include allowing AM stations to request power increases of less than 20% for their current facilities (the current rules prohibit power increases of less than 20%); permitting directors or designated employees to sign FCC applications, not just officers; and allowing STAs that authorize stations to operate with temporary facilities because of technical or equipment problems to be granted for 180 days, rather than just 90 days.  
  • The FCC reinstated a Louisiana FM translator construction permit and, in doing so, clarified its waiver standards for broadcast stations failing to timely file a license application after they have completed construction of new facilities.  In this case, in 2023, the Media Bureau found that a construction permit for a new FM translator had expired when the permittee did not file a covering license application signifying that it had completed construction by the construction deadline, even though the permittee claimed that it had in fact completed construction before the deadline.  In the decision last week, the FCC found that the Bureau should have considered whether the translator’s facilities were timely constructed and ready for operation by the construction deadline, and whether third parties would be harmed by the Bureau’s acceptance of the translator’s late-filed license application.  Based on last week’s Commission decision, the Bureau will now consider a showing made by the permittee using these criteria and decide if a late-filed license application should be accepted (and whether a fine for the late filing should be imposed).  
  • Reply comments were filed responding to the Center for American Rights’ complaint against a CBS-owned TV station alleging news distortion in its broadcast of a “60 Minutes” interview with former Vice President Harris (see our discussion here and here).  CBS, Free Press, and others state that commenters across the ideological spectrum agree the transcript and unedited interview footage demonstrate that CBS engaged in normal editorial practices.  The ACLU, the Media Institute, and two media law and journalism professors warn that the FCC’s attempt to police broadcaster editorial decisions risks an unconstitutional chilling effect on the media, while another commenter further urges the FCC to eliminate the news distortion rule altogether.  A bipartisan group of former FCC Commissioners note that the proceeding is a significant departure from historical agency practice and state that the FCC should engage in a rulemaking process if it wishes to adopt an aggressive news distortion standard despite the grave constitutional concerns that it raises.  CAR urges the FCC to require CBS to adopt reforms addressing what it believes is the root cause of CBS’ alleged news distortion: a lack of ideological balance in CBS management and newsrooms.  
  • The FCC announced that comments and reply comments are due April 24 and May 9, respectively, responding to the Media Bureau’s NPRM proposing the substitution of UHF Channel 23 for VHF Channel 2 at Las Vegas, Nevada due to the inferior quality of VHF channels for digital transmission.  
  • The Media Bureau and Office of Managing Director revoked a Texas AM station’s license for failing to either pay $27,523.66 in delinquent regulatory fees or show cause why payment should be waived or deferred.  In December, the station was issued an Order to Pay or Show Cause requiring the station, within 60 days, to either pay its delinquent regulatory fees or explain why the fees could not be paid.  The licensee neither responded to the Order nor paid its delinquent fees within the 60-day timeframe, thus resulting in the license revocation.    
  • The Media Bureau granted two mutually exclusive construction permit applications for new Texas LPFM stations on a time-sharing basis.  An objection was filed against one of the applications claiming that the applicant did not provide evidence of its established community presence in its proposed community of license (requiring that the applicant existed as a nonprofit educational organization for at least two years and was either physically headquartered or 75% of its board members resided within 20 miles of its proposed station’s transmitter site) to qualify for points under the FCC’s point system analysis.  The Bureau found that the applicant provided enough evidence of its established community presence by providing its Certificate of Formation showing that it had existed for more than two years, and documentation showing that the addresses used for its headquarters were within the acceptable distance from its proposed transmitter site.  Since the Bureau found that the applicants qualified for the same number of points under the points system analysis used to evaluate mutually exclusive LPFM applications, the Bureau ordered the applicants to operate under a time-sharing arrangement where each operates for 12 hours each day on the same channel. 

On our Broadcast Law Blog, we published an article looking at April regulatory dates for broadcasters covering dates such as those for Quarterly Issues Programs lists, EEO reports for stations in several states, comments on FCC rulemakings including the Delete, Delete, Delete proceeding, and even the opening of some LUC windows (including for the primaries in this year’s New Jersey governor’s race).  

March 17, 2025 to March 21, 2025

  • FCC Commissioner Starks announced that he informed President Trump and Senator Minority Leader Schumer (D-NY) that he will resign his Commission seat this spring.  Starks’ term expires on June 30, 2027.  FCC Chairman Carr and FCC Commissioner Gomez both released statements (see here and here) congratulating Starks for his service.  Some have speculated that Starks resignation was prompted by a desire to have a Democratic nominee to pair with the now-pending nomination of Olivia Trusty to become the third Republican if her nomination is approved by the Senate.  When (and whether) President Trump will advance a new Democratic nominee remains to be seen.  
  • President Trump fired FTC Democratic Commissioners Bedoya and Slaughter.  Bedoya stated on X that the firing was illegal, and both have stated that they will challenge their firings by claiming that they violated the 1935 U.S. Supreme Court’s Humphrey’s Executor decision, which found that the President’s power to remove heads of independent agencies was limited.  The Trump Administration has indicated that it would challenge that Supreme Court precedent, insisting that the President has the power to remove, without cause, members of independent agencies, potentially including those at the FCC. 
  • The Eighth Circuit Court of Appeals heard oral argument on March 19 on the challenges by the NAB and several radio and TV companies to the FCC’s 2023 decision in its 2018 Quadrennial Review to retain (and in one case tighten) the FCC’s local ownership rules (see our Broadcast Law Blog article on the 2023 decision here).  Counsel for the NAB and counsel for certain radio companies opposing the 2023 decision argued, among other things, that the state of competition had dramatically changed since the local ownership rules were adopted and the FCC had not met its Congressionally imposed burden to show that the rules remained necessary in the public interest as a result of competition.  FCC counsel responded that the Court should defer to the FCC’s policy judgement that the rules were still necessary to preserve the localism provided by broadcast stations.  Many questions were asked of both sides by the three-judge panel.  A recording of the argument is available on the Court’s website here.  The Court is expected to rule in the next few months.  
  • The House Subcommittee on Delivering on Government Efficiency (DOGE) announced that it will hold a hearing on March 26 titled “Anti-American Airwaves:  Accountability for the Heads of NPR and PBS.”  As we previously discussed here, Congresswoman Marjorie Taylor Greene (R-GA), Chairwoman of the DOGE Subcommittee, sent the CEOs of NPR and PBS a letter last month requesting that they testify regarding whether Congress should stop funding the networks due to alleged political bias in their programming.  Also, as we discussed here, two bills were introduced last month that proposed ending NPR, PBS, and the Corporation for Public Broadcasting’s federal funding due this alleged political bias.
  • Eight conservative groups stated in a letter to FCC Chairman Carr that the FCC should dismiss the 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 Harris.  CAR’s compliant was originally dismissed as one of the FCC’s last major actions under former FCC Chairwoman Rosenworcel, but was reinstated one week later under Chairman Carr (see our discussion here, here, and here).  The groups argue that CAR’s complaint should be dismissed based on their concerns that an adverse ruling against CBS would allow “politicians to play politics with broadcasting” by establishing a precedent that could be weaponized by a future Democratic FCC against conservative media.  To prevent such abuses of the FCC’s authority, the groups also urge the FCC to eliminate its news distortion and news hoax rules. 
  • The Fifth and Eleventh Circuit Courts of Appeals have issued orders putting on hold for 120 days the FTC challenges to District Court decisions staying the effective date of the FTC rule against non-compete agreements.  That rule, banning noncompete agreements nationwide, was adopted in the last administration.  The rule had been stayed when District Courts found that the ban exceeded the FTC’s authority.  The FTC on March 7 requested that the appeals be put on hold while the new Commission considers whether it is in the public interest to defend the rule.  
  • The FCC announced (see here and here) that comments and reply comments are due April 17 and May 2, respectively, responding to the Media Bureau’s two Notices of Proposed Rulemaking proposing to allow the petitioner’s TV stations located in Nevada and Oregon to remain on their existing channels due to their failure to complete construction of new facilities by the expiration dates of previously granted channel-change construction permits.  The first NPRM proposes substituting in the TV Table of Allotments Channel 9 for Channel 24 at Henderson, Nevada.  The second NPRM proposes substituting Channel 21 for Channel 12 at Portland, Oregon.
  • The Media Bureau released an NPRM proposing the substitution of Channel 276C2 for vacant Channel 244C2 at Matador, Texas, to resolve Channel 244C2’s short-spacing conflict with a nearby licensed FM station.  To accommodate the proposed substitution, the Bureau also proposes substituting Channel 252C3 for vacant Channel 276C3 at Matador, Texas.  Comments and reply comments responding to the NPRM are due May 2 and May 19, respectively.
  • The Media Bureau entered into a Consent Decree with the licensee of a Mississippi FM translator station for filing its license renewal application over four years late.  In the Consent Decree, the Bureau reduced its previously proposed $6,600 fine for the translator to $1,500 after its licensee demonstrated its inability to pay the originally proposed fine.  
  • The Media Bureau acted in two cases involving mutually exclusive construction permit applications (applications that cannot all be granted under the FCC’s technical rules) for new LPFM stations.  
    • The Bureau issued a ruling granting one application for a new Ohio LPFM, rejecting claims that it did not have reasonable assurance of its proposed transmitter site as the site had no existing tower and permits for a new tower might be difficult because of zoning restrictions.  The Bureau found that, to have the required reasonable assurance of transmitter site availability does not require that an applicant have an existing tower available, and that zoning approval was presumed unless challengers provide a binding legal opinion or other indisputable evidence that zoning could never be obtained.  The Bureau dismissed the other applicant, finding that it lacked reasonable assurance because, at the time its application was filed, lease negotiations with the proposed site’s owner had ceased, and that site had been leased to a different entity to be used for non-broadcast purposes.  

In another ruling, the Bureau rejected claims that two applications for new Puerto Rico LPFM construction permit did not qualify as “local” applications under the FCC’s point system analysis, as both were able to show that at least 75% of their governing Boards resided within 10 miles of their proposed transmitter sites.  The Bureau also rejected an argument that one of the applicants was not a qualified non-profit entity as its state charter had expired, finding that the charter had been reinstated making the company a qualified non-profit organization.  Finding both applicants qualified and having the same number of points in the point system analysis, the Bureau ordered the applicants to enter into a time-sharing arrangement where one will operate from 3 AM to 2:59 PM each day, and the other will operate during the other 12 hours.

March 10, 2025 to March 14, 2025

  • The FCC released a Public Notice titled “In Re: Delete, Delete, Delete,” requesting public input on what FCC rules can be eliminated or modified to alleviate unnecessary regulatory burdens.  The notice was released pursuant to President Trump’s Executive Orders (see here and here) directing federal agencies to move to reduce unnecessary regulation by April 20.  The FCC asks commenters to discuss certain factors relevant to the FCC’s review of its rules, including the costs and benefits of retaining or eliminating a rule; whether market or technological changes have made a rule obsolete; and whether a rule imposes unequal costs on large and small businesses.  Comments and reply comments are due April 11 and April 28, respectively. 
  • The FCC announced that comments and reply comments are due April 10 and April 25, respectively, responding to the FCC’s Notice of Proposed Rulemaking proposing a review of its rules implementing the Commercial Advertisement Loudness Mitigation Act of 2010 (CALM Act).  The FCC seeks comment on whether loud commercials remain problematic and, if so, how its CALM Act rules should be modified.  The FCC also asks whether loud commercials are an issue on streaming platforms and whether the FCC has authority to regulate them, and whether consumers, particularly those with disabilities, have trouble understanding streamed programming dialog.  The FCC is not currently proposing CALM Act rules for streaming platforms, but instead will assess the comments and, if it decides it should act, it will do so in a subsequent NPRM. 
  • The FCC’s Media Bureau granted an assignment application permitting a broadcaster to own two TV stations in the Rochester Minnesota market.  While the FCC’s Local Television Ownership Rule prohibits common ownership of two TV stations in the same market if the stations’ contours overlap and the stations are both among the Top 4 ranked stations in the market, the rule may be waived if one of the stations is deemed a “failing station.”  This means that the station has been struggling for an extended period of time in ratings and revenue.  The Bureau granted this application finding that the assigned station was a “failing station,” and that there was no likely buyer who would want to operate it as a stand-alone facility; concluding that its acquisition by another broadcaster in the market would allow the station to remain a viable voice in the market.  
  • FCC Chairman Carr sent Google/YouTube a letter regarding a complaint that YouTube TV deliberately marginalizes faith-based and family-friendly content on its platform.  Carr stated that he wanted to know whether YouTube TV has a policy discriminating against faith-based programming.  The letter also requests that the YouTube TV explain its carriage negotiation process and its view of the role of a virtual Multichannel Video Programming Distributor in the current media marketplace to help inform the FCC’s regulatory approach towards these platforms. 
  • Senator Blumenthal (D-CT) sent a letter to the Acting Chiefs of the FCC’s Enforcement and Media Bureaus seeking information regarding their recent investigations that appear to target broadcasters that President Trump perceives as enemies.  Blumenthal seeks information on the following proceedings involving broadcasters: the reinstated Center for American Rights’ news distortion complaints against ABC and CBS affiliates and an equal time complaint against an NBC affiliate (see our discussion here and here); the FCC’s review of the Paramount-Skydance Media merger (see below); the investigation of Comcast/NBCUniversal’s DEI practices (see our discussion here); the investigation of NPR and PBS for underwriting violations (see our discussion here); and allegations that an Audacy-owned radio station violated its public interest obligations by discussing an ICE immigration raid.  Blumenthal states that the investigations are based on dubious legal theories, conflict with FCC policy, and may be designed to intimidate newsrooms to chill future coverage potentially critical of President Trump.
  • Comments were filed responding to CAR’s complaint against a CBS-owned TV station alleging news distortion in its broadcast of a “60 Minutes” interview with former Vice President Harris (see our discussion here).  CBS, the National Association of Broadcasters, and other commenters (including, here, here, here, and here) state that CAR’s complaint lacked evidence of CBS’ intentional news distortion.  The NAB also urges the FCC to repeal its news distortion policy for the same reasons that it repealed the Fairness Doctrine in the 1980s, including that the policy violates the First Amendment by allowing the FCC to scrutinize broadcasters’ programming and editing choices, and by discouraging broadcasters’ coverage of important issues.  CAR, the America First Policy Institute, and other commenters (including here) claim that there is sufficient evidence of news distortion for the FCC to act upon CAR’s complaint, and that doing so would restore public trust in news media.  
  • Skydance Media filed a response to Project Rise Partners’ objection to the Paramount-Skydance transfer applications, arguing that none of the arguments that we summarized in our update last week had any merit.  Skydance urges the FCC to reject Project Rise’s call for further inquiry into the transaction, which Skydance asserts was only made to buy time for separate litigation to proceed against the company.  See our previous updates here, here, here, here, here, here, and here on this proceeding.
  • The Media Bureau announced that April 11 is the deadline for all U.S.-based foreign media outlets which would be 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 six months on the operations of U.S.-based foreign media outlets, which the FCC will submit on or before May 9.
  • The Media Bureau released three Notices of Proposed Rulemaking proposing modifications to the TV Table of Allotments.  Two NPRMs propose allowing the petitioner’s TV stations located in Nevada and Oregon to remain on their existing channels due either to their inability to or decision not to complete construction of new facilities authorized by the expiration dates of previously granted channel-change construction permits: the first NPRM proposes substituting Channel 9 for Channel 24 at Henderson, Nevada, and the second NPRM proposes substituting Channel 21 for Channel 12 at Portland, Oregon.  The third NPRM proposes substituting UHF Channel 23 for VHF Channel 2 at Las Vegas, Nevada due to the inferior quality of VHF channels for digital transmissions.  
  • The Media Bureau and Office of Managing Director issued an Order to Pay or to Show Cause against a New Jersey AM station proposing to revoke the station’s license unless, within 60 days, the station pays its delinquent regulatory fees and interest, administrative costs, and penalties, or shows that the debts are not owed or should be waived or deferred.  The station has an unpaid regulatory fee debt totaling $18,560.26 for fiscal years 2021, 2022, 2023, and 2024.

On our Broadcast Law Blog, we discussed the trademark issues that can come up in advertising or promotions tied to the upcoming NCAA basketball tournaments – including restrictions on the use of “March Madness,” “Final Four,” “Elite Eight,” and the many other NCAA trademarks (see the two-part discussion here and here).  

March 3, 2025 to March 7, 2025

  • The FCC released a draft Notice of Inquiry to explore how the FCC can support industry efforts to develop new Positioning, Navigation, and Timing (PNT) technologies, including the Broadcast Positioning System (BPS) provided by TV stations operating with the ATSC 3.0 transmission standard.  PNT data is crucial to national security, public safety, and economic stability as it supports government and military operations and commercial activities.  Currently, the satellite-based Global Positioning System (GPS) is the primary source of PNT data in the United States, but the FCC seeks to develop complementary and alternative technologies to ensure continuity and resilience in critical operations in case GPS signals are disrupted or degraded.  Along with other technologies noted in the NOI, the FCC seeks comment on whether BPS can complement or replace GPS, using ATSC 3.0 to deliver PNT data that is not as vulnerable to intentional interference as GPS.  The FCC will vote on the draft NOI at its March 27 regular monthly Open Meeting.
  • The U.S. Court of Appeals for the 11th Circuit issued an Opinion that vacated the FCC’s $518,283 fine against Gray Television for violating the FCC’s Top-4 Prohibition, though agreeing that Gray had violated the rule.  The Prohibition restricts TV station licensees from acquiring the network affiliation or license of another in-market TV station when, as a result of the transaction, the licensee would hold two of the Top-4 rated TV stations in a Designated Market Area (ratings computed at the time of the agreement was executed).  The court agreed with the FCC that Gray’s acquisition of the network affiliation of another in-market station violated the rule (the court agreeing that the Gray station to which the affiliation was moved was not, at the time the agreement for the transaction was signed, already a Top-4 station as Gray had argued) and found that the rule was not content based, so there was no First Amendment issue with its enforcement.  The court, however, determined that the FCC had failed to provide Gray with an opportunity to address the FCC’s finding that the violation was “egregious” (a factor used to justify the size of the fine) and remanded the case to the FCC for further consideration.  Interestingly, two of the judges issued a concurring opinion suggesting that they would have vacated the FCC’s entire decision had Gray argued before the FCC that the Commission’s statutory authority covered the sale of broadcast licenses, but did not extend to regulating the sale of affiliations.  But, as Gray did not give the FCC the opportunity to address questions about its authority, the Court could not consider the issue on appeal.
  • Senators Rosen (D-NV), Lujan (D-NM), and Markey (D-MA) and Congresswomen Matsui (D-CA), Barragán (D-CA), and McClellan (D-VA) introduced the Broadcast Freedom and Independence Act in both the Senate and the House, which would prohibit the FCC from revoking a station’s license or taking other adverse actions against a licensee based on the broadcaster’s disseminated viewpoints.  The bill also makes a finding that, as an independent agency, the President lacks the power to remove sitting FCC Commissioners at will.  
  • Another objection was filed against the Paramount-Skydance transfer applications which propose that David Ellison acquire a controlling stake in the company and become its Chairman and CEO.  Project Rise Partners, a partnership affiliated with independent programmers interested in acquiring CBS and Paramount, asserts several public interest concerns which it claims warrant further FCC investigation, including whether the proposed transaction risks permitting anticompetitive programming bundling practices, and whether a Chinese investor in Skydance imperils national security.  Project Rise also claims that the proposed transaction may result in increased retransmission consent fees, job losses, and weakened news production resulting from Skydance’s plans to integrate artificial intelligence into news operations.  Project Rise further claims that Paramount may have allowed Skydance premature influence over Paramount, including in its newsroom and litigation decision making.  See our updates here, here, here, here, here, and here on the transaction and the comments previously filed in this proceeding.
  • The FCC announced comment deadlines for four Notices of Proposed Rulemaking proposing amendments to the TV Table of Allotments:
    • The FCC announced that comments and reply comments are due April 2 and April 7, respectively, responding to the Media Bureau’s NPRM requesting comments on a TV station’s proposed substitution of UHF channel 15 for VHF channel 11 at Price, Utah due to the inferior quality of VHF channels for digital transmissions.  The station states that if the substitution is granted, it will convert its facilities to a Distributed Transmission System to serve viewers on both sides of the mountains separating Price and Provo, Utah.
    • The FCC announced (see here, here, and here) the comment deadlines for the Media Bureau’s three NPRMs proposing to allow the petitioner’s TV stations located in Kansas, Kentucky, and Louisiana to remain on their existing channels due their inability to complete construction of new facilities by the expiration dates of their channel-change construction permits: the first NPRM proposes substituting Channel 12 for Channel 28 at Wichita, Kansas; the second NPRM proposes substituting Channel 8 for Channel 24 at Monroe, Louisiana; and the third NPRM proposes substituting Channel 12 for Channel 20 at Hazard, Kentucky.  For the Kentucky and Louisiana TV stations’ NPRMs, comments and reply comments are due April 3 and April 18, respectively.  For the Kansas TV station’s NPRM, comments and reply comments are due April 4 and April 21, respectively.

February 24, 2025 to February 28, 2025

  • The National Association of Broadcasters filed a Petition for Rulemaking asking the FCC to require that full-power television stations complete the transition to the new ATSC 3.0 transmission standard in two phases.  In the first phase, TV stations in the top 55 markets would have a transition deadline of February 2028.  TV stations in remaining markets would need to transition by February 2030.  The NAB asks for several rule changes to assist with the transition, including requiring that new TV sets sold after February 2028 be capable of receiving ATSC 3.0, and updating the MVPD carriage rules to reflect the mandatory transition dates proposed.  The NAB also proposes that the FCC eliminate the “substantially similar” requirement (requiring that stations’ ATSC 3.0 principal broadcast stream replicate their ATSC 1.0 broadcast) earlier than the current July 17, 2027 sunset date.
  • FCC Chairman Carr sent iHeartMedia’s CEO a letter requesting information on how the company will comply with federal payola requirements in connection with its upcoming iHeartCountry Festival ’25 on May 3 in Austin, Texas.  As we discussed here and here, the FCC has renewed its attention to broadcaster’s compliance with federal payola requirements, especially when broadcasters coerce musicians to play “free radio shows” (including “listener appreciation shows” or “charitable concert events”) in exchange for more airplay on stations or by threatening them with less airtime if they don’t participate.  Citing the FCC’s recent Enforcement Advisory about such events, Carr specifically asks iHeart to disclose whether it is forcing musicians to make this choice.  The letter also requests information on the company’s payola and sponsorship identification policies and how iHeart will implement them for the music festival, and on the compensation of the artists playing at the festival and how that compensation compares to what the artists receive for similar performances.
  • At its February Open Meeting, the FCC adopted a Notice of Proposed Rulemaking proposing a review of its rules implementing the Commercial Advertisement Loudness Mitigation Act of 2010 (CALM Act) and a Notice of Inquiry regarding expanding use of the upper C-Band (3.98-4.2 GHz), which is currently used by many broadcasters for their earth stations.  
    • The Calm Act NPRM seeks comments on whether the FCC should update or change its regulations that are intended to protect viewers from excessively loud TV commercials.  In the NPRM, the FCC seeks comment on the extent to which loud commercials are still problematic and, if so, how the rules should be modified to address these concerns. The Commission notes that many of its recent complaints suggest that loud commercials are also a problem with streaming platforms and asks for confirmation of those concerns and comments on whether the FCC has authority to regulate streaming providers.  It also asks if consumers experience issues with understanding the dialog in streamed programming if such problems particularly affect those with disabilities.  The NPRM notes no regulations are now being proposed for streaming providers – such rules would be considered in a subsequent NPRM, as noted in Commissioner Starks’ statement about his concerns over the FCC’s potential lack of authority to regulate streaming platforms.  
    • The C-Band NOI requests comment on whether incumbent band users, including broadcasters’ earth stations, have other alternatives for operating their services, including repacking in-band, relocating out of the band, or sunsetting operations in favor of alternative distribution technologies.  Chairman Carr issued a statement noting the rapid deployment of new uses in the portions of the C-Band already repurposed from satellite to wireless users, and the need for more spectrum for wireless.  He did note, however, that the interests of incumbent band stakeholders must be considered.  Comments and reply comments responding to the NOI are due April 29 and May 29, respectively.  
  • The FCC also released a Further Notice of Proposed Rulemaking proposing to modify how annual FCC regulatory fees are assessed on space and earth stations.  For earth stations, the FCC seeks comment on expanding regulatory fees to non-operational earth stations (those which have a construction permit but are not yet licensed) and creating additional earth station fee categories beyond the current single fee category of transmit/receive and transmit-only earth stations to include, for example, VSAT, mobile-satellite earth stations, and fixed earth stations.  Comments and reply comments responding to the FNPRM are due March 27 and April 11, respectively.
  • The FCC announced two proposed fines against pirate radio operators.  
    • The FCC proposed a $325,322 fine against a Miami, Florida pirate radio operator based on FCC field agent observations of unauthorized operations on four separate days in 2024 and 2025 and the operator’s history of pirate radio offenses dating back to 2018, including a prior $120,000 fine.  
    • The FCC also proposed a $60,000 fine against another Miami, Florida pirate radio operator based on FCC field agent observations of unauthorized operations on three separate days in 2024 and 2025, also noting Facebook posts of the owner of the property from which the pirate was operating promoting the station and showing the owner broadcasting, captioned with language including “the hottest old school jams right here on 89.1 fm.”  
  • The FCC’s Media Bureau took three actions regarding proposed revisions to the TV and FM Tables of Allotments:
    • The FCC announced that comments and reply comments are due March 17 and March 31, respectively, responding to the Media Bureau’s NPRM seeking comment on a noncommercial TV station’s proposed substitution of UHF channel 29 for VHF channel 13 at Monroe, Louisiana due to the inferior quality of VHF channel signals.  The petition serves as another example of UHF channel superiority for transmitting digital TV signals.
    • The Media Bureau released three NPRMs proposing modifications to the TV Table of Allotments to allow the petitioner TV stations located in Kansas, Kentucky, and Louisiana to remain on their existing channels due their inability to complete construction of new facilities by the expiration dates of their channel-change construction permits: the first NPRM proposes to substitute Channel 12 for Channel 28 at Wichita, Kansas; the second NPRM proposes to substitute Channel 8 for Channel 24 at Monroe, Louisiana; and the third NPRM proposes to substitute Channel 12 for Channel 20 at Hazard, Kentucky.  
    • The Media Bureau also granted a petition proposing to amend the FM Table of Allotments by allotting Channel 260C0 at Ethete, Wyoming as a Tribal Allotment.  The Bureau found that Ethete, as a census-designated place located on the Wind River Indian Reservation, was a community for allotment purposes.  The Bureau also found that allotting this channel as a Tribal Allotment served the public interest by providing vital radio service to the Reservation and enabling petitioner, the Northern Arapaho Tribal government, to set its own communications priorities and goals.  The FCC will announce in the future the opening of a filing window for qualifying applicants to file construction permit applications for a new FM station on this allotment.  
  • The Media Bureau published in the Federal Register a notice of radio stations proposing city of license changes.  Interested parties have until April 25, 2025 to comment on the following proposed station moves: WAPC, from Opp, AL, to Clanton, AL; KSPA, from Ontario, CA, to Colton, CA; WOAM, from Peoria, IL, to Tremont, IL; KQSA, from Batesville, TX, to Pearsall, TX; And KRIX, from Port Isabel, TX, to Los Fresnos, TX.
  • The Media Bureau also dismissed two LPFM construction permit applications due to the applicants’ failure to meet the FCC’s LPFM eligibility requirements.  The Bureau dismissed an Arizona LPFM construction permit application for applicant’s failure to meet the FCC’s LPFM localism requirement because the applicant’s headquarters and all of its directors’ residences were located more than 20 miles from the proposed station’s transmitter site (the limit for LPFM applicants outside of the top 50 urban markets).  The Bureau also dismissed a Florida LPFM construction permit application because the applicant failed to demonstrate its eligibility to hold an LPFM license as either an incorporated nonprofit entity or any other recognized nonprofit entity under Florida state law.   

On our Broadcast Law Blog, we provided our regular monthly look ahead at the important regulatory dates for broadcasters in March and early April.  

February 17, 2025 to February 21, 2025

  • In an effort to exert more control over independent federal agencies, including the FCC, President Trump signed an Executive Order directing independent agencies to submit “significant regulatory actions” to the Office of Information and Regulatory Affairs (OIRA) for review before any action is published in the Federal Register.  “Significant regulatory actions” include actions which have an annual effect on the economy of $100 million or more, adversely affect the economy or an economic sector, interfere or conflict with other federal agency actions, or raise new legal or policy issues.  The Order directs independent agency heads to coordinate policymaking with the White House, to set a strategic plan approved by the Office of Management and Budget (OMB), and to have their performance evaluated by the OMB.  The Order also states that the President and the Attorney General’s legal interpretations are controlling on the executive branch, and that no employee of an independent agency can provide any interpretation of law that contravenes the President or Attorney General’s position unless approved by the President or Attorney General.
  • The Federal Trade Commission issued a request for public comment regarding “technology platform censorship.”  The FTC request seeks information on how technology platforms (including social media sites and many other internet-based services) may have engaged in unfair or deceptive trade practices (which the FTC regulates) by, among other things, “shadow banning” or deemphasizing content based on a user’s speech or affiliations, and by regulating content in ways contrary to the platform’s public representations.  The request for comment asks that users provide information on how they were harmed by any such practices and on factors that may have contributed to platform’s decisions to act as it did.  In the FTC press release about the request for comments, FTC Chairman Andrew Ferguson stated that the inquiry will help the FTC understand “how these firms may have violated the law by silencing and intimidating Americans for speaking their minds.”  Comments are due May 21.  
  • The US Court of Appeals for the DC Circuit has scheduled an oral argument for April 7 on the NAB’s challenge to the FCC decision requiring broadcasters to investigate whether issue advertisers and others who buy spots that are not for commercial products or services are representatives of foreign governments. We summarized the FCC decision now on appeal on our Broadcast Law Blog, here.  As is the case with many other upcoming court arguments on appeals of decisions made by the last administration at the FCC, there is interest as to how the FCC will defend this appeal as Chairman Carr, as a commissioner, opposed the expansion of the rule to cover spot advertising, agreeing with arguments that the decision was done without sufficient notice that the expansion was being considered.  
  • The Media and Democracy Project filed an Application for Review with the FCC of the Media Bureau’s dismissal of MDP’s petition to deny filed against the Fox’s Philadelphia station license renewal application.  As we discussed here, MDP argued in its petition that the station’s renewal should be denied principally because cable channel Fox News aired false statements regarding Dominion Voting Systems following the 2020 Presidential Election.  But in one of the last major actions of the FCC under former Chairwoman Rosenworcel, the Bureau dismissed MDP’s petition for reasons including that it provided no evidence that the station aired false information regarding Dominion.  MDP argues that the Bureau misapplied the law and FCC precedent and urges the FCC to conduct an evidentiary hearing regarding Fox’s false statements.  The Bureau, under FCC Chairman Carr, reinstated complaints against TV stations owned by the ABC, NBC, and CBS broadcast networks for aspects of their coverage of the 2024 presidential campaign, but did not reinstate MDP’s complaint against the Fox-owned TV station (see our discussion here). 
  • The Center for American Rights filed a letter in the Paramount-Skydance merger proceeding urging the FCC to examine the company’s DEI efforts in its review of the company’s transfer applications, which propose that David Ellison acquire a controlling stake in the company and become its Chairman and CEO.  Noting Chairman Carr’s recent letter announcing an investigation of DEI initiatives (which we noted last week here), CAR argues that the FCC should scrutinize Paramount’s DEI initiatives because they may be “institutionalized illegal racial discrimination” that raise questions regarding the company’s fitness to hold FCC licenses.  CAR further argues that even if Paramount’s DEI practices are legal, they should be viewed as public interest violations – particularly where DEI-informed programming decisions fail to deliver “patriotic, family friendly, and faith-inspired” programming that conflicts with some viewer preferences.  See our updates here, here, here, here, and here on the transaction and the comments previously filed in this proceeding.
  • The Media Bureau entered into a Consent Decree with a Puerto Rico LPTV station to resolve its investigation into the station’s unauthorized operations.  The Bureau found that the station began operating on Channel 14 without submitting evidence that its operations would not interfere with land mobile facilities.  The station’s construction permit required that coordination with land mobile operators occur before the station could begin operating with program test authority (authority to conduct on-air programming of the station’s facilities while its license application is pending).  The Bureau found that the station engaged in unauthorized operations for over three years until it submitted an acceptable showing that there was no interference to land mobile facilities.  The Consent Decree requires that the station pay a civil penalty of $4,500 and enter into a compliance plan to ensure that future FCC rule violations do not occur. 

On our Broadcast Law Blog, we discussed the process by which SoundExchange can audit any webcaster who streams its programming online to assess compliance with the statutory music licenses provided by Sections 112 and 114 of the Copyright Act.  Our article was prompted by recent announcements by the Copyright Royal Board’s that SoundExchange is auditing the compliance of five radio companies.

February 10, 2025 to February 14, 2025

  • The US Court of Appeals for the Eighth Circuit has scheduled for March 19 the oral argument on the appeals of the NAB and various radio and television companies to the FCC’s December 2023 decision in its 2018 Quadrennial Review of the local broadcast ownership rules.  As you will recall, the 2023 decision made no substantial changes to the rules (see our Broadcast Law Blog article here).  Parties challenging the decision are arguing that the statute that requires the FCC conduct Quadrennial reviews of the ownership rules compels the FCC to make changes in the rules based on competition, and competition has certainly changed since 1996 when the current rules were adopted (see, for instance, our articles here and here), so some relaxation of the rules is necessary.  We will be looking at the extent to which the FCC defends its 2023 decision, given that Chairman Carr and Commissioner Symington both dissented from that decision.  Any full decision from the Court on the appeals likely will come months after the oral argument.  
  • In actions by the new Chairman, Carr sent a letter to Comcast and NBCUniversal informing them that the FCC’s Enforcement Bureau will investigate their DEI programs to see if they promote “invidious forms of discrimination in violation of FCC regulations and civil rights laws.”  Carr also stated that this investigation was the FCC’s first step in ensuring that every FCC-regulated company ends their DEI initiatives, citing President Trump’s Executive Order directing federal agencies to enforce civil rights laws by combatting private-sector DEI initiatives.  FCC Commissioner Starks released a statement indicating that the action gave him “grave concern,” quoting Carr’s 2023 concern about actions that give “the FCC a nearly limitless power to veto private sector decisions,” and stating that the investigation announced by the letter appeared “out of our lane and out of our reach.” 
  • In reference to other actions taken by the new Chairman, Senators Markey (D-MA), Lujan (D-NM), and Peters (D-MI) sent FCC Chairman Carr a letter urging him to close the FCC’s reopened investigations of ABC, CBS, and NBC regarding aspects of their coverage of the 2024 presidential campaign (see our discussion here) and its investigations into NPR and PBS regarding their alleged violations of the FCC’s underwriting rules (see our discussion here).  The Senators state that the investigations appear to be politically motivated (noting that the FCC reopened its investigations of ABC, CBS, and NBC, but not Fox), were intended to punish and censor broadcasters based on a disagreement with their editorial choices, and threatened the freedom of the press.
  • Two bills were introduced in Congress that propose ending NPR, PBS, and the Corporation for Public Broadcasting’s federal funding due to alleged political bias in their programming.  The Defund Government-Sponsored Propaganda Act proposes to end PBS and NPR’s federal funding, and the No Propaganda Act proposes to end the Corporation for Public Broadcasting’s federal funding.
  • The FCC’s Media Bureau granted a South Dakota AM station and its FM translator’s assignment application over an informal objection based on comments made by one of Buyer’s controlling principals on social media alleging that “journalism is dead” due to its liberal bias.  The Bureau found that the objection raised no provision in law, regulation, or policy that would indicate that the principal’s social media posts were relevant to assessing the applicant’s qualifications to be a licensee.  The decision noted that “licensees have broad discretion based on their First Amendment right to free speech to choose, in good faith, the programming they believe serves the needs and interests of their communities.  Indeed, the Commission does not interfere with the programming decisions of licensees, nor does it consider issues of programming choice when reviewing an application for the assignment or transfer of a broadcast license…. the Commission will not take adverse action on an application based upon the subjective determination of a listener or group of listeners as to what constitutes ‘good’ programming.” 
  • The Media Bureau entered into a Consent Decree with a group of Kansas, Missouri, and Oklahoma radio stations to resolve its investigation into a series of unauthorized transfers of control following the death of the stations’ majority owner.  The Consent Decree requires that the stations pay an $8,000 penalty and enter into a compliance plan to ensure that future violations of the FCC’s transfer of control rules do not occur.  
  • The Media Bureau made several updates to the FM Table of Allotments.  The Bureau reinstated the following channels in the FM Table of Allotments as vacant due to either the cancellation of the associated station licenses or the dismissal of winning auction applications: Channel 254C1 at Loleta, California; Channel 285A at Adamsville, Texas; Channel 276A at Fabens, Texas; Channel 227A at Pearsall, Texas; and Channel 248C1 at Basin City, Washington.  The FCC will announce in the future filing windows for broadcasters to file for permission to construct new stations on these vacant allotments.  The Bureau also removed 61 vacant allotments from the FM Table of Allotments as these channels are no longer vacant because they are now occupied by licensed FM stations. 
  • The Media Bureau released a Notice of Proposed Rulemaking seeking comment on a TV station’s proposed community of license change from Silver City, New Mexico, to Truth or Consequences, New Mexico, and its proposed substitution in the TV Table of Allotments of Channel 12 at Silver City with Channel 12 at Truth or Consequences to reflect this change.  The Bureau notes that the station’s community of license change would add a first local service to Truth or Consequences, while another TV station licensed to Silver City would continue serving that community.  
  • The Media Bureau dismissed an application for a construction permit for a new Iowa LPFM station for failure to comply with the LPFM minimum power and spacing rules.  The applicant requested a waiver of the rules to allow it to amend its application to a second-adjacent channel change to resolve the short-spacing in the original application (the amendment would need a waiver as the proposed site would still be short-spaced to another station, though the applicant claimed it would cause no real interference), or alternatively to grant it a waiver of the LPFM processing rules to permit it to file a major amendment to move to a non-adjacent channel.  The Bureau found that the applicant failed to cite any unique circumstances justifying either waiver, citing reasons including that either waiver would be a broad change in the application processing policies potentially affecting many LPFM applicants that failed to file acceptable applications, and such a policy change should not be made in the context of an individual application.  

On our Broadcast Law Blog, we discussed the FCC Enforcement Advisory released last week warning of payola concerns in coercing bands to play at station events with threats of decreased airplay, and how that advisory serves as a reminder for broadcasters about issues that can arise under the FCC’s payola and sponsorship identification policies.  We also discussed the U.S. Copyright Office’s Notice of Inquiry regarding the complicating effects on music licensing created by the proliferation of performing rights organizations, and the specific issues that music users, including broadcasters, face in dealing with the increasing number of PROs. 

February 3, 2025 to February 7, 2025

  • Payola on broadcast stations suddenly was in the news this past week.  Early in the week, Senator Marsha Blackburn (R-TN) sent Chairman Carr a letter requesting that the FCC ban radio stations from asking musicians to play “free radio shows” (including “listener appreciation shows” or “charitable concert events”) in exchange for more airplay on stations or by threatening them with less airtime if they don’t participate.  Blackburn claimed that this practice constitutes payola (payment for airtime without disclosing to the audience that the broadcast was sponsored) in violation of federal law and the FCC’s sponsorship identification rules.  Carr responded by asking the FCC’s Enforcement Bureau to examine the issue, which resulted in the Bureau quickly releasing an Enforcement Advisory warning stations and their employees that they can be fined up to $10,000, imprisoned for up to one year, or both, for compelling or accepting unreported free or reduced fee performances by musicians in exchange for more favorable airplay.  The Advisory also talked about other actions that stations should be taking to ensure that they do not face payola issues.  Stations may also be subject to FCC fines for payola violations.  Look for more on these actions on our Broadcast Law Blog early this coming week.
  • The U.S. Court of Appeals for the Fifth Circuit heard oral argument on the legal challenge to the FCC’s reinstatement of the FCC Form 395-B (a recording of the oral argument can be found here).  In February 2024, the FCC reinstated the Form 395-B, which requires that broadcasters yearly prepare a report for a station’s online public file classifying all of its employees by race, gender, and employment position (see our article here about that decision).  The decision is being challenged by several broadcasters who argue that requirement to prepare and file the form is unconstitutional for reasons including that it unlawfully pressures broadcasters to engage in race- and sex-conscious employment practices (see our discussion here and here).  At the argument, the FCC conceded (as did the DOJ the week before in a letter we noted in our last weekly update) that the inclusion in the form of a “non-binary” gender category could no longer be defended based on President Trump’s Executive Order that the federal government will recognize only two genders.  Questions were also raised at oral argument as to whether the FCC would reverse the remaining requirements imposed by the Form 395-B’s reinstatement following President Trump’s Executive Order suspending federal DEI initiatives, but the FCC nevertheless defended the FCC’s reinstatement of the form (other than the nonbinary provision).  After oral argument, the FCC filed a letter with the Court stating that the agency could not reverse the form’s reinstatement because the current FCC Commissioners were deadlocked on the issue. It is now up to the Court to decide whether the data collection requirements should be upheld (though it is also possible that, between now and when the Court rules, the reinstatement could be revisited by the FCC by ruling on pending petitions for reconsideration when a new FCC Commissioner is seated).  
  • The U.S. Copyright Office initiated a Notice of Inquiry requesting public comment on issues related to the performing rights organizations (PROs).  The Copyright Office notes that performance rights in musical compositions have for over 80 years been licensed by three PROs – ASCAP, BMI, and SESAC.  Yet, since 2013, three new PROs have begun (GMR, PRO Music, and AllTrack), and Congress has received complaints that businesses using music have been confused by demands for royalty payments from these new organizations, accompanied by threats of lawsuits if royalties are not paid.  The Copyright Office also noted the impact of “fractional licensing,” where multiple composers represented by different PROs collaborate to write a song, giving each a fractional interest in that song –requiring a music user to have rights from all of the PROs having any interest in the song in order to perform it.  The Copyright Office asked for comment on a number of issues including whether the proliferation of PROs has increased the financial and administrative costs of music users, and whether the increased number of PROs has affected the distribution of the royalties to songwriters and copyright holders. The results of the inquiry will be compiled into a report to Congress on whether any legislative action is necessary.  
  • The FCC released a draft of a Notice of Proposed Rulemaking proposing a review of the rules adopted to implement the Commercial Advertisement Loudness Mitigation Act of 2010 (CALM Act), which was intended to protect viewers from excessively loud TV commercials.  This draft will be considered at the FCC’s next regular monthly open meeting on February 27.  If the NPRM is adopted, based on thousands of viewer complaints received about the continuing loudness of TV commercials, the FCC will be seeking comment on whether the FCC should update or change its CALM Act regulations – including whether to extend the rules to cover commercials on streaming services and other online platforms.  
  • The FCC announced a public comment period on 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 former Vice President Harris.  Comments and reply comments on the complaint are due March 7 and March 24, respectively.  CAR’s complaint was dismissed as one of the FCC’s last major actions under former FCC Chairwoman Rosenworcel, but was reinstated one week later under FCC Chairman Carr (see our notes of these action here and here).  In response to the FCC’s request, this week CBS provided the FCC with an unedited transcript and video of the 60 Minutes interview, which both CBS and the FCC made public.  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.  FCC Commissioner Gomez objected, stating that the FCC should end its investigation because interview’s transcript and video did not demonstrate any FCC rule violation, that further inquiry risked politicizing the FCC’s processes, and that the public statements about the process undermined trust in the Commission’s impartiality (see her statement here).  President Trump, on the other hand, demanded that CBS be stripped of its broadcast licenses due to the 60 Minutes broadcast, suggesting that it was “the biggest Broadcasting SCANDAL in History” (caps in the original Truth Social post).  
  • Chairman Carr released a statement supporting the Senate Commerce, Science, and Transportation Committee’s passage of the AM for Every Vehicle Act.  Carr stated that ensuring that AM radios remain in new vehicles, the bill will “help keep this linchpin of our emergency response system in place and also ensure that Americans can continue to access relevant news, information, and entertainment programming.”  As we discussed this week on our Blog, the bill requires that automobile manufacturers keep AM radio on the car dashboard.  This bill has much the same language as the version introduced in Congress last year – which was never passed despite broad bipartisan support.  Following this week’s committee approval, the bill now proceeds to the full Senate for a vote.  This week, Congressmen Bilirakis (R-FL) and Pallone (D-NJ) also reintroduced the bill in the House of Representatives. 
  • Congresswoman Majorie Taylor Greene (R-GA), Chairwoman of the House Subcommittee on Delivering on Government Efficiency (DOGE), sent letters to NPR and PBS requesting that their CEOs testify next month before the subcommittee regarding whether Congress should stop funding the networks due to alleged political bias in their programming.  In scheduling the hearing, Greene pointed to investigatory topics including claims that NPR decided not to report on the Hunter Biden laptop story, allegations of systemic liberal bias at the network, and PBS’ reporting last month implying that Elon Musk gave a fascist salute at President Trump’s inaugural celebrations.  Greene stated her view that NPR and PBS political bias undermines public trust, and the networks’ reporting should serve the entire public since they receive federal funding. 
  • The FCC’s Media Bureau entered into a Consent Decree with a San Francisco, California noncommercial TV station after finding that the station filed its license renewal application late, uploaded Quarterly/Issues Programs Lists to its Online Public Inspection File late, and incorrectly certified in its renewal application that it timely complied with its OPIF obligations.  The Consent Decree requires that the station pay a $25,000 penalty and enter into a compliance plan to ensure that future FCC rule violations do not occur.  
  • The Media Bureau and Office of Managing Director issued an Order to Pay or to Show Cause against two FM stations located in Yoakum and Halletsville, Texas proposing to revoke the stations’ licenses unless, within 60 days, the stations pay their delinquent regulatory fees and interest, administrative costs, and penalties, or show that the debts are not owed or should be waived or deferred.  The Yoakum station has an unpaid regulatory fee debt totaling $8,774.02 for fiscal years 2017, 2018, 2019, 2020, 2021, 2022, and 2024.  The Hallettsville station has an unpaid regulatory fee debt totaling $7,912.83 for fiscal years 2017, 2018, 2019, 2021, 2022, and 2024.
  • The Media Bureau released a Public Notice identifying two mutually exclusive applications (applications that cannot all be granted consistent with the FCC’s technical rules) filed in the December 2024 NCE TV filing window.  Unopposed applications were filed for eight other channels available in that window.  The two mutually exclusive applicants have until March 24, 2025 to settle their mutual exclusivity via a technical resolution or settlement agreement.  
  • The Media Bureau took three other actions on pending LPFM and NCE construction permit applications:
    • The Bureau affirmed its grant of an Indiana NCE FM construction permit application over an objection filed by a mutually exclusive applicant alleging that, in the points system analysis used to decide among mutually exclusive applications for new NCE FM stations, the FCC incorrectly denied it diversity of ownership points (a credit awarded when an applicant has interests in no other stations in the proposed station’s service area).  The Bureau found that the objector could not claim the diversity credit (and thus could not be the mutually exclusive application group’s tentative selectee) because it did not provide supporting documents required to support the claim for a preference, and because it had incorrectly certified that no party to its application had any attributable interests in any other broadcast station (when one did).   
    • The Bureau dismissed an Ohio LPFM construction permit application for applicant’s failure to obtain reasonable assurance of the availability of the site specified in the application, a defect not curable by amendment under the procedures governing the processing of applications in the LPFM window.  Due to the application’s dismissal, the Bureau granted its mutually exclusive application.
    • The Bureau also reversed its dismissal of a Texas LPFM construction permit application for failing to comply with the LPFM minimum distance separation requirements for protecting co-channel FM translators.  The Bureau rejected the applicant’s argument that it should accept its alternative spacing methodology, but it gave the applicant 30 days to amend its application to use the methodology prescribed by staff informal guidance.  

On our Broadcast Law Blog, we discussed the National Music Publishers Association’s announcement that it had sent Spotify a take-down notice asking Spotify to remove “thousands of unlicensed uses of NMPA members’ works” from Spotify-hosted podcasts, and how that action highlights the perils of music use in podcasts and reinforces the need for easy, reasonable music licensing.  We also discussed last week’s reintroduction in Congress of the American Music Fairness Act, which proposes requiring broadcasters to pay performing artists and copyright holders (usually their record companies) royalties for over-the-air broadcasting of sound recordings (in addition to the royalites paid to the PROs for the performance of musical compositions).  

January 27, 2025 to January 31, 2025

  • FCC Chairman Carr sent a letter to NPR and PBS announcing that he has asked the FCC’s Enforcement Bureau to open an investigation into whether their radio and television station affiliates have aired commercial advertisements.  Noncommercial broadcast stations, including NPR and PBS affiliates, are prohibited by law from airing commercial advertisements.  They are limited to airing “underwriting announcements” that identify their sponsors without promoting the sponsor’s products or services.  FCC Commissioners Gomez and Starks released statements questioning the basis for the investigation, suggesting that it is as an attempt to intimidate or silence these broadcasters.  For more about this action and what the FCC’s underwriting policies require, see the article that we posted on our Broadcast Law Blog on Friday, here. 
  • The Department of Justice filed a letter with the US Court of Appeals for the Fifth Circuit in connection with the court challenge to the FCC’s reinstatement of the FCC Form 395-B.  The letter suggested that the U.S. government may no longer aggressively defend that reinstatement.  In February 2024, the FCC reinstated the Form 395-B, which requires that broadcasters yearly prepare a report for a station’s online public file classifying all of its employees by race, gender, and employment position (see our article here about that decision).  The decision is being challenged by several broadcasters, including the NRB and the Texas Association of Broadcasters, who argue that the form is unconstitutional for reasons including that it unlawfully pressures broadcasters to engage in race- and sex-conscious employment practices (see our discussion here and here).  The DOJ’s letter admits that some EEO data collection is required by Congressionally imposed mandates, but that the government “no longer subscribes” to the FCC’s defense of the form’s reinstatement to the extent that the data collection is not required by law and is inconsistent with President Trump’s Executive Order suspending government diversity, equity, and inclusion (DEI) initiatives.  As we discussed here, oral argument on the Court challenge to the form’s reinstatement is scheduled for February 4.  It remains unclear the extent to which the FCC will defend the form’s reinstatement.  Chairman Carr vocally opposed the FCC action last February, stating that the requirement to make this information public was unconstitutional as it could be used to harass broadcasters and to force them to make hiring decisions based on race and gender (see his 6 page dissent to the reinstatement, here). 
  • Senators Cruz and Markey reintroduced the AM Radio for Every Vehicle Act, which requires that automobile manufacturers keep AM radio on the car dashboard.  The proposed bill has the same language as the version of the bill introduced last year but never passed despite broad bipartisan support in both the House and the Senate (see our discussion here, here, and here).  The National Association of Broadcasters released a statement supporting the bill’s reintroduction, stating that the bill “will protect AM radio’s role as an essential public safety tool and ensure Americans can continue to rely on this life-saving resource in their vehicles.”  Opposition to the bill remains, with opponents arguing that it interferes with the car maker’s ability to innovate and provide buyers with the technologies that they want.  Gary Shapiro, the head of the Consumer Technology Association, sent a letter to NAB CEO Curtis LeGeyt, opposing the mandate, arguing among other things that AM is an outdated technology and suggesting that the CTA would support a performance royalty making broadcasters pay SoundExchange royalties for their over-the-air broadcasts (see the bullet below) if the NAB continued to push the AM legislation.
  • On the subject of performance royalties for over-the-air broadcasting, the American Music Fairness Act was again introduced in the new Congress by U.S. Senators Alex Padilla (D-Calif.), Marsha Blackburn (R-Tenn.), Cory Booker (D-N.J.), and Thom Tillis (R-N.C.).  This bill proposes to require that broadcasters pay performing artists and copyright holders (usually their record companies) royalties for over-the-air broadcasting.  Currently, broadcasters pay royalties for over-the-air transmissions to songwriters and the copyright holders in musical compositions, and they pay artists and labels (as well as composers and publishing companies) when that music is digitally streamed.  If passed, the Copyright Royalty Board would set these new royalties.  We wrote this bill in more detail when it was considered in the last Congress, and the new version appears to be similar if not identical to the prior version.   
  • Congressman Pat Ryan and Senator Chris Murphy introduced the “Stop Sports Blackouts Act” which would require cable and satellite providers to refund to their customers a portion of their subscription fees if programming from a channel was blacked out as a result of the failure of negotiations over the continued carriage of that channel.  The bill, if adopted, would require refunds not only when blackouts occur when broadcasters and MVPDs are not able to agree on retransmission consent fees, but also when MVPDs are not able to reach continued carriage agreements with other cable programming providers.  A statement released by the bill’s sponsors argue that consumers should not have to pay for channels that they are not able to watch. The American Television Alliance, a trade group for various MVPDs, condemned the legislation, blaming television networks and other big programmers for holding MVPDs “ransom” for higher programming fees.  
  • Last week, Chairman Carr removed all items listed on the FCC’s circulation list (those orders or rulemaking proposals that have been drafted and are currently circulating among the Commissioners for review and vote).  These were items drafted during the prior administration.  This week, Carr released a statement regarding the removal of one of those items – a Notice of Proposed Rulemaking proposing rules on siting wireless and broadcast towers in flood plains.  Carr stated that the NPRM was removed from the FCC circulation list because the proposed rules would have slowed tower construction by subjecting towers to additional environmental regulations.  Also removed from the list was a draft order on a proposal to require Emergency Alert System participants, such as broadcasters and cable providers, to notify the FCC of EAS equipment problems, to have contingency plans for distributing alerts if their EAS system is down, and to adopt and report to the FCC on cybersecurity measures for their EAS systems.  Carr has not released any statement regarding the future of that order.  
  • The FCC’s Media Bureau dismissed a construction permit application for a new LPFM station at Carrollton, Texas, for failing to meet the FCC’s LPFM localism requirement because the applicant’s headquarters and all of its directors’ residences were located more than 10 miles from the proposed station’s transmitter site (the limit for LPFM applicants in the top 50 urban markets).  Due to the application’s dismissal, the Bureau granted the mutually exclusive application for a new LPFM station at Lancaster, Texas. 

On our Broadcast Law Blog, we provided our regular monthly summary of upcoming regulatory dates affecting broadcasters, looking at those for February and early March.  We also took our annual look at the legal issues in Super Bowl advertising and promotions.  Finally, we discussed how a Washington state court’s upholding of a $24.6 million penalty against Meta for failing to meet its political advertising disclosure requirements under Washington State laws serves as a warning to all media companies, including broadcasters, to understand and comply with state laws on public disclosure of political advertising sales – rules that, in many states, cover media (like various internet-delivered communications) not subject to FCC regulation. 

January 20, 2025 to January 24, 2025

  • President Trump issued several Executive Orders that could affect FCC decision-making, including an Executive Order suspending government diversity, equity, and inclusion (DEI) initiatives; and an Executive Order advising federal departments and agencies to freeze implementing or proposing new regulations for 60 days until they have been reviewed by the appropriate department or agency head appointed by the President.  While it is unclear whether Executive Orders can legally bind independent agencies such as the FCC, we have already seen FCC Chairman Carr’s acting in accordance with the Trump directives.  For instance:
    • Carr announced that the FCC will end its DEI initiatives.  While his announcement does not specifically address broadcast EEO policies, Carr vigorously opposed the FCC’s reinstatement of FCC Form 395-B, which requires that broadcasters yearly prepare a report classifying all of its employees by race, gender, and employment position (see the discussions of this obligation on our Broadcast Law Blog here, here, and here).  As an oral argument on Court challenges to the FCC’s reinstatement of the form is scheduled for February 4, we may soon see how Carr’s announcement is applied to the FCC’s defense of that form.  FCC Commissioner Gomez released a statement opposing the end of the FCC’s DEI initiatives.  
  • The FCC’s Media and Enforcement Bureaus reinstated the Center for American Rights’ complaints against TV stations owned by the ABC, NBC, and CBS broadcast networks for aspects of their coverage of the 2024 presidential campaign.  These complaints alleged that the stations violated FCC rules prohibiting broadcast news distortion or those requiring equal opportunities for political candidates.  As we discussed in our weekly update last week, as one of the last major actions of the Commission under former Chairwoman Jessica Rosenworcel, CAR’s complaints (along with those of other parties and a complaint against the renewal of a Fox television station) were dismissed by the Bureaus, finding no evidence to support claims of FCC rule violations and that any action on the complaints would involve the FCC in a prohibited intrusion on the First Amendment.  In this week’s action, the Bureaus, under acting Chiefs newly appointed by Carr,  stated that the dismissals of the complaints were premature because they were based on an insufficient record and that they required further investigation. FCC Commissioner Gomez issued a statement opposing the reinstatement of these complaints.
  • There was a Federal Register announcement of the opening of a comment cycle for a petition for reconsideration filed against the FCC’s September 2024 First Report and Order allowing FM stations to operate at different power levels on their upper and lower digital sidebands and permitting FM stations to begin such service simply by notifying the FCC (we noted the First Report and Order in a weekly update here).  The Petitioner raises several arguments against the order and concerns about digital “HD” operations in general, particularly complaining about HD interference to Class A FM stations.  The Petitioner’s proposals include that the FCC should require an FCC application or direct notice to affected stations before an HD operation is implemented and an annual filing of evidence of a station’s continued compliance with their HD authorizations; it should allow objections to HD operations based on real or predicted interference to other FM stations; and that the FCC should provide Class A FM stations with greater interference protection from HD stations.  Comments and reply comments responding to the petition are due February 6 and February 18, respectively. 
  • The Federal Register notice of the FCC’s TV blackout reporting requirements adopted last month were sent to the Office of Management and Budget for review before they can take effect.  In December, the FCC released a Report and Order requiring multichannel video programming distributors to report TV station blackouts resulting from failed retransmission consent negotiations (see the discussion of that order in our weekly update here).  
  • The FCC released a Small Entity Compliance Guide summarizing the “all-in” pricing rule adopted in its April 2024 Report and Order.  The rule requires cable operators and direct broadcast satellite providers to provide the “all-in” price for video programming as a single line item in promotional materials and on subscribers’ bills, including charges for broadcast retransmission consent, regional sports, and other programming.  Cable operators and DBS providers had to begin complying with the “all-in” rule last month.  Small cable operators (those with $47 million or less in annual receipts), however, have until March 19 to comply with the rule.

January 13, 2025 to January 17, 2025

  • The FCC’s Enforcement and Media Bureaus, under a new Docket opened by the Commission called “Preserving the First Amendment,” dismissed complaints by the Center for American Rights and other parties against TV stations owned by ABC, CBS, Fox, and NBC, alleging that their news coverage violated the FCC’s rules governing, among other things, broadcast news distortion and equal opportunities for political candidates.  FCC Chairwoman Rosenworcel (citing calls by President-Elect Trump to revoke broadcast licenses for content that he did not like, stated “First, the FCC should not be the President’s speech police. Second, the FCC should not be journalism’s censor-in-chief”) and Commissioner Gomez released statements supporting the dismissal of the complaints.  
    • The Enforcement Bureau dismissed CAR’s complaint against the Philadelphia ABC station alleging news distortion during its broadcast of the Presidential debate on September 10, 2024.  The Bureau found that ABC’s fact checking during the debate was not evidence that ABC intentionally distorted its debate coverage. 
    • The Enforcement Bureau also dismissed CAR’s compliant against the New York CBS station alleging news distortion in its broadcast of a “60 Minutes” interview with Vice President Kamala Harris.  The Bureau found no evidence that the CBS decisions were intentional attempts to falsify news as opposed to the exercise of its editorial discretion.  
    • The Media Bureau dismissed CAR’s complaint against the New York NBC station alleging that NBC violated the FCC’s equal opportunities rule when Vice President Harris and Senator Tim Kaine appeared on Saturday Night Live without also inviting competing candidates President-Elect Trump and Hung Cao to do so.  The Bureau reviewed precedent that said that equal opportunities does not require that competing candidates get exactly the same access, but instead only requires that competing candidates, upon request, get access to airtime with comparable audiences.  NBC did so by running Trump and Cao’s ads in the days after the SNL episode during broadcast programming with comparable, and likely larger, audiences.  
    • The Media Bureau also dismissed a petition to deny and informal objections filed against the Fox’s Philadelphia station license renewal application.  The petition and objections argued that the station’s renewal application should be denied principally because cable channel Fox News aired false statements regarding Dominion Voting Systems following the 2020 Presidential Election.  The Bureau granted the renewal application after finding no evidence that the station aired false information regarding Dominion and that there was no final Court decision in the Dominion case finding egregious conduct that could be attributed to the character of the station’s owner. 
  • President Trump nominated Olivia Trusty as the FCC’s third Republican Commissioner.  Trusty currently serves as a staffer on the Senate Armed Services Committee under Chairman Roger Wicker.  If confirmed by the Senate, Trusty will assume outgoing Chairwoman Rosenworcel’s seat on the Commission.  FCC Commissioners Gomez and Starks issued statements congratulating Trusty on her nomination.  
  • The National Association of Broadcasters released The Future of Television Initiative Report detailing the findings of a process initiated by the NAB and FCC to bring together stakeholders from across the television industry (including consumer advocates) to make recommendations for the successful deployment of the ATSC 3.0 NextGen Television standard.  According to an NAB Blog about the report, it explores “market-based and other solutions to minimize the cost to consumers of ATSC 3.0 equipment, ramping up consumer education on the benefits of ATSC 3.0 and encouraging further collaboration between MVPDs and broadcasters and within industry standards bodies to resolve MVPD carriage concerns.”
  • Reply comments were filed in response to the amended Paramount-Skydance Media transfer applications proposing that David Ellison acquire a controlling stake in the company and become its Chairman and CEO.  CAR urges the FCC to condition the transaction’s approval on the company ensuring viewpoint diversity by: (1) including individuals from different ideological backgrounds on its board of directors; (2) locating its executive and editorial staff outside of New York and Los Angeles; (3) targeting conservative universities and media companies for employee recruiting; and (4) appointing an independent overseer of the company’s efforts on this issue.  CAR also urges the FCC to scrutinize the company’s non-voting foreign investor (which the FCC normally does not do when a foreign investor has less than a 25% interest in a licensee and lacks influence over the company’s management) because the Department of Defense considers this investor to be a Chinese military company.  FUSE Media suggests that the FCC should designate the transaction for hearing to examine whether the new company’s intended use of Oracle technology could cause it to favor its own programming over unaffiliated programming.  An unsuccessful bidder for Paramount claims that the applicants’ failure to disclose certain matters in separate litigation proceedings raised questions regarding its broadcast licensee qualifications.  See our updates here, here, here, and here on the transaction and the comments previously filed in this proceeding.
  • The FCC announced that January 15 is the effective date for the increased fines for violations of statutorily-set FCC requirements that were adopted to reflect inflation earlier this month.  This includes an increase in the maximum fine for broadcast indecency to $508,373 for each day of a violation, with a maximum of $4,692,668 for a continuing violation; and for pirate radio to a maximum fine of $2,453,218.
  • The FCC submitted its annual report on pirate radio to Congress summarizing its enforcement efforts against pirate radio operators in FY 2024: issuing six fines, proposing 18 fines, and issuing 41 Notices of Illegal Pirate Radio Broadcasting – of which 22 resulted from pirate radio sweeps by the Enforcement Bureau’s field offices.  
    • The Enforcement Bureau also issued two Notices of Illegal Pirate Radio Broadcasting this week to landowners in Boston, Massachusetts (for an unlicensed AM radio station) and Norwalk, Connecticut.  The Bureau warned the landowners that the FCC may issue fines of up to the previously maximum fine of $2,391,097 under the PIRATE Radio Act if the landowners continue permitting pirate radio broadcasts from their properties.
  • The Media Bureau announced that certain device manufacturers and Multichannel Video Programming Distributors must make closed captioning display settings “readily accessible” to individuals who are deaf or hard of hearing beginning on August 17, 2026.  The FCC adopted the requirement last year, which applies to all U.S.-manufactured devices using a picture screen that receives or plays back video programming simultaneously with sound (such as TVs, smartphones, tablets, and computers) and to MVPDs providing their customers with covered devices to use their services.  We last noted this proceeding in a weekly update in September, when the FCC released a compliance guide for entities subject to the rule,
  • The Enforcement Bureau issued a Notice of Violation against a Virginia AM station after an inspection revealed that its tower’s lights were out, the station failed to maintain the tower’s perimeter fence, and the station did not notify the FAA of the light outage.  The Bureau also found that the station was not operating pursuant to its license and did not file a transfer of control application after its owner’s death.  The station must now explain to the Bureau how it will correct the rule violations and prevent future violations from occurring.  
  • The Media Bureau and Office of Managing Director issued an Order to Pay or to Show Cause against a Texas FM station proposing to revoke the station’s license unless, within 60 days, the station pays its delinquent regulatory fees and interest, administrative costs, and penalties, or shows that the debts are not owed or should be waived or deferred.  The station has an unpaid regulatory fee debt totaling $7,553.84 for fiscal years 2014, 2015, 2016, 2020, 2021, and 2022. 
  • The Media Bureau issued a Notice of Proposed Rulemaking proposing the substitution of UHF channel 29 for VHF channel 13 at Monroe, Louisiana due to the inferior quality of VHF channel signals.  The petition serves as another example of the superiority of UHF channels for the transmission of digital TV signals.
  • The Media Bureau dismissed a new Georgia LPFM construction permit application for failing to meet the FCC’s LPFM localism requirement because the applicant’s headquarters and all of its directors’ residences were located more than 10 miles from the proposed station’s transmitter site (the limit for LPFM applicants outside of the top 50 urban markets).  

On our Broadcast Law Blog, we discussed how the FCC’s $369,190 proposed fine against a Texas TV station for improper participation in Emergency Alert Service tests demonstrates that ignorance of the FCC rules does not provide an excuse for noncompliance – even when the broadcaster makes a misguided attempt to comply with the FCC’s rules.  This is particularly true for violations of rules dealing with public safety matters, like those here involving EAS.  

January 6, 2025 to January 10, 2025

  • The FCC released an Order increasing by an average of more than 17% its application fees, including those for broadcast station applications, to reflect changes in the Consumer Price Index.  FCC Chairman-designate Carr issued a concurring statement highlighting that the fee increases will place an undue burden on entrepreneurs in FCC regulated entities, but reluctantly voting to approve the increases as the FCC is required by statute to adjust the fees to reflect inflation.  The new fees will take effect 30 days after the Order’s publication in the Federal Register.  On our Broadcast Law Blog, we provided more details on the increases and suggested that, where possible (e.g., in connection with internal company reorganizations or for planned technical changes), broadcasters file applications soon to beat the implementation of these increased fees.
  • The FCC proposed a $369,190 fine against a Texas TV station for failing to participate in the 2018, 2019, and 2021 nationwide Emergency Alert Service tests and for submitting false or misleading EAS Test Reporting System reports.  The station claimed that it made a good faith effort to comply with the EAS testing requirements by simulating its own EAS tests because its inexperienced staff did not know how to receive and retransmit the actual EAS test signals.  The Bureau rejected the station’s argument as the station’s staff ignorance of the law does not excuse a failure to comply with the rules.  The Bureau decided to propose more than the base fines for these violations because of their repeated nature and given the fact that they relate to public safety issues.  
  • The FCC released its quarterly Broadcast Station Totals.  The release shows that, compared to the same release from a year ago, there are 61 fewer AM stations and 38 fewer commercial FM stations, but 191 more noncommercial FM stations.  There were also 13 more commercial UHF TV stations but 8 fewer commercial VHF TV stations, and 1 more noncommercial UHF TV station but 2 fewer noncommercial VHF TV stations.  
  • The FCC’s Media Bureau and Office of Economics and Analytics released the Seventh Report on Ownership of Broadcast Stations.  The report provides a breakdown of the gender, race, and ethnicity of broadcast station attributable owners as of October 1, 2023, based on the ownership information filed by stations in their 2023 Biennial Ownership Reports.  
  • The FCC and its Enforcement Bureau took several actions against pirate radio broadcasters:
    • The FCC proposed five fines totaling $260,000 against pirate radio operators: a $40,000 fine against a Waterbury, Connecticut operator, a $40,000 fine against a Geneva-on-the-Lake, Ohio operator, a $60,000 fine against a Hartford, Connecticut operator, a $60,000 fine against another Hartford, Connecticut operator, and a $60,000 fine against a Painesville, Ohio operator. 
    • The Enforcement Bureau issued three Notices of Illegal Pirate Radio Broadcasting to landowners in Providence, Rhode Island, Dorchester, Massachusetts, and Bronx, New York for allegedly allowing pirates to broadcast from their properties.  The Bureau warned the landowners that the FCC may issue fines of up to what is currently the maximum fine of $2,391,097 under the PIRATE Radio Act if the FCC determines that the landowners continue permitting pirate radio broadcasts from their properties.  As we noted here, the Enforcement Bureau recently adjusted for inflation the maximum fine for pirate broadcasting to $2,453,218, an increase which will take effect once the Bureau’s order is published in the Federal Register. 
  • The Media Bureau issued a Notice of Proposed Rulemaking requesting comments on a TV station’s proposed substitution of UHF channel 15 for VHF channel 11 at Price, Utah due to the inferior quality of VHF channels for digital transmissions.  The station states that if the substitution is granted, it will convert its facilities to a Distributed Transmission System to serve viewers on the other side of the mountains separating Price and Provo, Utah.  

The Media Bureau cancelled a proposed fine of $3,000 against a Texas FM station for failing to timely file its license renewal application.  The Bureau cancelled the fine because the station demonstrated that it attempted to file the application on time but was unable to do so because of FCC database issues beyond its control.

December 23, 2024 to January 3, 2025

  • The Commission released a Report and Order requiring reporting by MVPDs of blackouts of their carriage of commercial television signals (including Class A and LPTV signals already on a system) that last more than 24 hours due to the failure of retransmission consent negotiations.  The reports will be filed in a portal to be developed by the Media Bureau.  The reports will require the system to not only identify the station(s) being blacked out, but also a good-faith estimate of the number of subscribers affected.  Another notice will need to be filed when a blackout is resolved.  
  • The FCC released its 2024 Communications Marketplace Report, which the agency releases every two years to analyze, among other things, the state of competition in the radio and TV marketplaces.  The FCC provides the report to Congress to advise it on economic and competitive trends in regulated industries.  FCC Chairman-designate Carr and Commissioner Simington released statements criticizing the FCC’s continued reliance in the report on a decades-old approach to analyzing competition based on discrete market sectors instead of accounting for how communications service providers, including broadcasters, currently face competition across all market sectors and not just their own.
  • The FCC announced the tentative agenda for its January 15 Open Meeting.  Due to the impending transition to a Republican-led FCC, the FCC will not act on any substantive matters at what will be FCC Chairwoman Rosenworcel’s last regular monthly Open Meeting.  Instead, the FCC will hear presentations on the status of the agency’s work on matters including expanding access to communications, and on national security, public safety, and consumer protection issues.  
  • Comments were due in response to the National Association of Broadcasters’ proposal that TV stations comply with the FCC’s audible crawl rule by providing “textual crawls that provide emergency information duplicative or equivalent to the information conveyed by the visual image” (see our discussion here).  The rule that the NAB is seeking to change requires TV stations to provide an aural description transmitted on the station’s SAP channel of non-textual emergency information, such as maps or other graphic displays, conveyed outside of station newscasts, so that the emergency information can be received by those who are blind or have visual impairments.  As we discussed here last month, the Media Bureau retroactively extended the waiver of this requirement from November 26 (when it went into effect after the previous waiver expired) through the earlier of May 27, 2025 or when the FCC rules on the NAB’s proposal.  The Society for Broadcast Engineers states that adopting the NAB’s proposal would allow stations to provide the greatest amount of emergency information to the public and fulfill the underlying purpose of the rule.  A broadcaster states that unless the NAB’s proposal is adopted by the FCC, stations will either need to continue relying on waivers of the rule or they will cease disseminating visual emergency information altogether due to the lack of workable technology to convert graphical information into audio.  The American Federation for the Blind “cautiously” supports the NAB’s proposal if the information provided by stations in an accessible text crawl is the same as the information provided by the nontextual graphic.  The AFB urged the NAB and broadcasters to continue to work to find solutions – through AI or otherwise, that will assure that the same emergency information reaches the blind as reaches others in a TV station’s coverage area. 
  • Paramount, Skydance Media, and other parties filed a Consolidated Opposition to Petitions and Response to Comments responding to objections to the amended Paramount-Skydance Media transfer applications proposing that David Ellison acquire a controlling stake in the company, in addition to serving as its Chairman and CEO (see our discussion here, here, and here).  Among the arguments made by the applicants was one stating that the Center for American Rights’ proposal for FCC-imposed benchmarks to rectify CBS’s purported political bias in their news programming would violate the First Amendment and would entangle the FCC in broadcast editorial policies.  The applicants dismiss CAR’s concerns regarding a minority investor in Ellison’s company with alleged close ties to the Chinese Communist Party as the non-voting investor would have no ability to influence the operation or management of the company or its broadcast stations.  The applicants also state that Fuse Media’s claims about the transaction’s potential harms to the streaming video marketplace are speculative and outside of the FCC’s authority.  Finally, the applicants argue that the complaints raised by an unsuccessful bidder and a Paramount shareholder regarding business issues with the transaction are outside the scope of the FCC’s application review process and are being litigated separately in court. 
  • The FCC’s Enforcement Bureau released an Order adjusting to take account of inflation the amounts of certain fines.  This includes maximum fines for broadcast indecency which now will, once this Order is published in the Federal Register, increase to $508,373 for each day of a violation, with a maximum of $4,692,668 for a continuing violation.  For pirate radio, the new maximum fines will be $2,453,218.
    • The Enforcement Bureau issued Notices of Illegal Pirate Radio Broadcasting against landowners in Concord, Ohio, Piqua, Ohio, and Mattapan, Massachusetts for allegedly allowing pirates to broadcast from their properties.  The Bureau warned the landowners that the FCC may issue fines of up to what is now the maximum fine of $2,391,097 under the PIRATE Radio Act if the FCC determines that the landowners continue to permit pirate radio broadcasts from their properties after receiving these notices.
  • The FCC’s Media Bureau entered into a Consent Decree with a group of Arizona radio stations to resolve its investigation of a series of unauthorized transfers of control among the stations’ owners.  The Bureau found that the stations failed to seek prior FCC consent to their transfer from their original owners into a trust, then failed to notify the FCC of the death of one of the trust’s trustees, and finally failed to seek prior FCC consent for the appointment of a new trustee for the trust.  The Consent Decree requires the stations to pay a $7,500 civil penalty and enter into a compliance plan to ensure that future violations of the FCC’s transfer of control rules do not occur.  
  • The Media Bureau also proposed a $5,000 fine against a Nevada Class A TV station for several Online Inspection File recordkeeping violations that the station disclosed in its license renewal application.  After reviewing the station’s OPIF, the Bureau found that the station failed to timely upload ten Quarterly Issues/Programs Lists during its previous license term.  
  • Obligations under the Corporate Transparency Act requiring most companies operating in the U.S. to file ownership information, including information about foreign owners, with U.S. Treasury Department were scheduled to go into effect in this month, but the requirement has been put on hold for now by an Order the US Court of Appeals for the Fifth Circuit while the Court considers substantive arguments about the Act’s requirements.

December 16, 2024 to December 20, 2024

  • Congress failed to include the AM For Every Vehicle Act in their year-end omnibus spending legislation, meaning that the bill is dead for this Congress.  The legislation will have to be reintroduced in the new Congress that begins in January and must again go through committee consideration and other procedural steps before it could become law.  According to press reports, the NAB now intends to turn its focus to pushing for this legislation to be reintroduced and passed in 2025.
  •  The FCC’s Media Bureau granted the National Association of Broadcasters’ request for an retroactive extension of the waiver of the FCC’s audio crawl rule, extending the waiver through May 27, 2025 or until the FCC rules on the NAB’s separate request to pause the effect of the rule while the FCC considers the NAB’s proposal that broadcasters comply with the rule by providing “textual crawls that provide emergency information duplicative or equivalent to the information conveyed by the visual image” (see our discussion here).  The FCC’s audio crawl rule requires TV stations to provide an aural description transmitted on the station’s SAP channel of non-textual emergency information, such as maps or other graphic displays, conveyed outside of station newscasts.  For years, broadcasters have asked for extensions of the effective date of this rule as there is no technological way to reliably convert graphics to speech.  The Bureau granted the new extension because of the public safety issues that would arise if TV stations stopped airing visual images about emergencies because they could not comply with the rule’s requirements.  The Bureau also stated that TV stations would not be subject to any enforcement action for failing to comply with the rule during the brief period from November 26 until December 20 when it was in effect.
  • The U.S. Court of Appeals for the Fifth Circuit announced that oral argument in the appeal of the FCC’s reinstatement of the FCC Form 395-B has been scheduled for February 4, 2025. In February 2024, the FCC reinstated the Form 395-B, which requires that broadcasters yearly prepare a report for a station’s online public file classifying all of its employees by race, gender, and employment position (see our Broadcast Law Blog article here about that decision).  As we discussed on the Blog here and here, the decision is being challenged by several broadcasters who argue that the report is unconstitutional because it unlawfully pressures broadcasters to engage in race- and sex-conscious employment practices.  FCC Chairman-designate Carr vigorously opposed the reinstatement of the Form and recently tweeted on X that the agency would deprioritize “DEI” (Diversity, Equity, and Inclusion) efforts under his leadership (see our article here for more on the new Chair’s policy priorities), so it will be interesting to see how his FCC defends the February decision in Court.
  • The FCC’s Enforcement Bureau entered into a Consent Decree with Paramount Global, which owns CBS, to resolve its investigation of whether CBS violated the FCC’s Emergency Alert Service rules by transmitting false EAS tones during three programs: the Young Sheldon episode broadcast on May 18, 2023; the Entertainment Tonight program broadcast on October 25, 2023; and the Top of the Hour broadcast on June 6, 2024.  To settle the matter, Paramount admitted that the Entertainment Tonight and Top of the Hour broadcasts violated the FCC’s EAS rules by including a few seconds of what sounded like an EAS tone, but not the Young Sheldon broadcast – for which Paramount only admitted to certain facts regarding the date and content of the broadcast, and that it was delivered to affiliate TV stations across the country.  The Consent Decree requires Paramount to pay a $244,952 civil penalty and enter into a compliance plan to ensure that future EAS violations do not occur.  As we have noted many times (see for instance our articles here and here), the FCC forbids the use of real or simulated EAS tones except in connection with real emergencies, and it issues heavy penalties to those that misuse those tones.
  • Petitions to deny, comments, and other pleadings were filed in response to the amended Paramount-Skydance Media transfer applications proposing that David Ellison acquire a controlling stake in the company, in addition to serving as its Chairman and CEO (see our reference to this acquisition in our weekly updates here and here).  The Center for American Rights requests that the FCC only grant the applications on the condition that the company rectify CBS’s purported political bias in their news programming, citing its own complaint alleging that CBS News manipulatively edited an interview with then-Presidential candidate Kamala Harris.  CAR also expressed concerns regarding a minority investor in Ellison’s company with alleged close ties to the Chinese Communist Party.  CAR is the organization that filed complaints during the 2024 election cycle against ABC, CBS, and NBC raising allegations including news distortion, bias, and equal time violations.  Fuse Media asserts that the merger will exacerbate Paramount’s anticompetitive treatment of independent programmers – ultimately harming competition and viewpoint diversity.  Replies to these comments will be filed in early January.  
  • The Media Bureau entered into two Consent Decrees with broadcasters to resolve issues arising from their license renewal applications:
    • One Consent Decree, with a group of three Washington TV stations, resolved an investigation into the stations’ failure to timely upload several Quarterly Issues/Programs Lists to their Online Public Inspection Files, and their failure to disclose these violations in their license renewal applications.  The Consent Decree requires the stations to pay a $29,000 civil penalty and to enter into a compliance plan to ensure that future OPIF violations do not occur.  See our article here on the importance that the FCC has historically placed on the Quarterly Issues/Programs Lists.
    • The Bureau also entered into a Consent Decree with a group of four Utah TV translator stations for filing their license renewal applications over fourth months late.  The Consent Decree requires the translator licensee, for the entirety of their next license terms, to submit a certification every six months to the Bureau stating that they remain compliant with all FCC rules applicable to TV translator stations.
  • The Media Bureau and the FCC’s Managing Director issued an Order to Pay or Show Cause to a Texas AM station proposing to revoke the station’s license unless, within 60 days, the station pays its delinquent regulatory fees and interest, administrative costs, and penalties, or shows that the debts are not owed or should be waived or deferred.  The station has an unpaid regulatory fee debt totaling $27,492.48 for fiscal years 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, and 2024.
  • The Media Bureau denied an objection filed against a new Wisconsin noncommercial educational FM station construction permit application claiming that the applicant failed to demonstrate that it was an established local applicant (meaning that the applicant was local and established in the community for at least two years before filing the application), and thus could not claim points in the FCC’s point system analysis used to evaluate mutually exclusive applications (applications that cannot all be granted consistent with the FCC’s technical rules) filed during the 2021 NCE Filing Window.  The Bureau found that the applicant showed that it was local by submitting a map demonstrating that its headquarters was within the required proximity to its proposed community of license, and it showed that it was established for at least two years because it was the licensee since 2016 of an LPFM station located in the proposed station’s service area.  The Bureau ordered the applicant and another mutually applicant to submit a proposed a time-sharing arrangement by January 25, 2025 to share their proposed channel. 
  • The Media Bureau also took actions in two cases affecting new LPFM station applications filed in the 2023 LPFM filing window:
    • The Bureau affirmed its dismissal of a new Connecticut construction permit application for failing to comply with the LPFM minimum distance separation requirements.  The applicant requested waiver of the rule on the grounds that its contours protected other stations and that the minimum distance separation requirements should be changed as those rules did not serve the public interest.  The applicant also argued that the LPFM station would provide needed minority-oriented programming.  The Bureau affirmed its dismissal of the application and denied the waiver request because it was really a challenge to the rule itself, which cannot be resolved in the consideration of an individual application, and the applicant failed to show any special circumstance justifying a waiver.

The Bureau dismissed a construction permit application for a new LPFM station at Jackson, Mississippi, for violating the FCC’s application signature rules.  The Bureau found that the individual who signed the application was unable to so because he was not an officer or director of the applicant.  Due to the application’s dismissal, the Bureau granted the mutually exclusive application for a new LPFM station at Clinton, Mississippi.

December 9, 2024 to December 13, 2024

  • At its December regular monthly Open Meeting, the FCC issued a Notice of Proposed Rulemaking proposing to update several broadcast rules by making minor changes to its application processing procedures and by clarifying some ambiguous rule provisions.  Some of the more notable proposals include: (1) allowing AM stations seeking to improve their facilities at their current transmitter sites to request power increases of less than 20% (to eliminate burdens on FCC staff, current rules require do not allow a power increase of less than 20% to be considered); (2) allowing directors or designated employees to sign FCC applications – not just officers; and (3) allowing STAs authorizing stations to operate with temporary facilities because of technical or equipment problems to be granted for 180 days, rather than the 90 days currently permitted by the rules.  Comments and reply comments responding to the NPRM will be due 30 and 45 days, respectively, after its publication in the Federal Register.
  • The FCC issued three Forfeiture Orders affirming fines that it had previously proposed against pirate radio operators in Brockton, Massachusetts: a $120,000 fine against one individual, a $40,000 fine against another individual, and a second $40,000 fine against two individuals who jointly operated a pirate station.  The pirate radio operators now have 30 days to pay the fines.  If not paid, the FCC may refer the cases to the U.S. Department of Justice for collection.  The FCC itself cannot sue to collect fines or take actions against individuals who ignore the penalties issued in these cases.  Instead, it must rely on the DOJ to enforce the penalties in Court.
  • The FCC announced that January 13, 2025 is the effective date of its November Order adopting final rules allowing on a permanent basis full-power FM and LPFM stations to use FM booster stations to originate up to 3 minutes of programming an hour to provide commercials or other geo-targeted short content different from that provided on the primary station (see our discussion here).  Certain aspects of the rules adopted in the Order, however, require the Office of Management and Budget’s approval before becoming effective, including the political and public file recordkeeping requirements, the interference protection and complaints procedures, and the commencement of program origination notice requirements.  The FCC will announce at a later date when these sections of the rules will become effective.
  • President-elect Donald Trump announced that Republican FTC Commissioner Andrew Ferguson will become the next FTC Chairman when Trump takes office on January 20.  Trump also nominated Mark Meador, a former staffer for Utah Republican Senator Mike Lee, to take the FTC Commissioner seat currently held by Chairwoman Lina Khan.  As reflected in Trump’s announcement, Ferguson is expected to implement FTC policies affecting Big Tech companies echoing those proposed by FCC Chairman-designate Carr, attempting to rein in the alleged “censorship cartel” between these tech companies, the government, and major advertisers (see our discussion here). 
  • The FCC’s Media Bureau entered into a Consent Decree with a Puerto Rico TV station to resolve the FCC’s investigation regarding Online Public Inspection File violations including the station’s failure to timely upload to its OPIF 27 Quarterly Issues/Program Lists, 11 children’s television programming reports, and 24 commercial limit certifications.  The Consent Decree requires the station to pay a $15,000 penalty and enter into a compliance plan to ensure that future OPIF violations do not occur.  
  • The Bureau also took actions in two cases affecting applications filed in the 2023 LPFM filing window for new LPFM stations.
    • The Bureau dismissed a construction permit application for a new LPFM station at Deerfield, Illinois for violating the FCC’s rules about who can sign an application and for violating FCC’s LPFM technical requirements.  The Bureau found that the individual who signed the application was unable to so because he was not an officer or director of the applicant.  It also found that the application did not comply with the FCC’s minimum power and antenna height requirements.  As a result of the application’s dismissal, the Bureau granted a mutually exclusive application (applications that cannot all be granted under the FCC’s technical rules) for a new LPFM station at Lincolnshire, Illinois.  
    • The Bureau granted a new Rhode Island LPFM construction permit application over an objection claiming that the applicant failed to provide an evidence supporting its claims of being a Tribe or Tribal organization and having an established community of presence in the proposed LPFM station’s operating area, criteria used in the FCC’s point system analysis for granting mutually exclusive applications.  The Bureau dismissed the objection as moot because the applicant timely filed an amendment to move to another channel, which resolved its mutual exclusivity allowing both the applicant and the objector’s applications to be granted without a points system analysis.

December 2, 2024 to December 6, 2024

  • The FCC’s Media Bureau announced that comments and reply comments are due December 13 and 18, respectively, in response to the National Association of Broadcasters’ request for an retroactive extension of the waiver of the FCC’s audio crawl rules, a waiver which expired on November 26.  As we discussed here, last month, the NAB requested that the FCC open a rulemaking proceeding to change the audio crawl rule, which requires TV stations to provide an aural description transmitted on the station’s SAP channel of non-textual emergency information, such as maps or other graphic displays, conveyed outside of station newscasts.  As we noted last week, the NAB asks for the continuation of the expired waiver so that stations do not have to cease airing visual images regarding emergencies due to their inability to comply with the requirements of the rule as there is no practical technology to convert images to speech. We also noted last week that the Bureau announced dates for comments on the NAB’s proposal to modify the rule.  The comments requested by the Bureau this week are simply on the NAB’s request to grant a retroactive waiver of the rule while it considers the petition to modify its obligations.  
  • The Washington State Court of Appeals issued a decision upholding a summary judgement by a state trial court finding Meta liable for $24.6 million for violating the state’s public disclosure rules that apply to political advertising (for more on the appeal of the trial court decision, see our article here).  The Court of Appeals decision rejected Meta’s argument that the reasoning of a Fourth Circuit decision finding a similar law in Maryland an unconstitutional abridgement of the service’s First Amendment rights should apply to this case (see our article here on the Fourth Circuit decision).  The Court of Appeals found that the Fourth Circuit decision was limited to “news organizations” and that Facebook (on which the Washington political ads ran) was not a news organization.  The Court also rejected arguments that the fine was precluded by Section 230 of the Communications Decency Act (insulting tech platforms from liability for content posted by third parties), as Meta was not fined for the content of the posts, but instead for not revealing who had purchased those posts and their target audience, as required by state law, information that was in Meta’s control, not part of the content of the third-party post.  While this decision may be appealed to the Washington Supreme Court, it is important precedent as more and more states adopt their own political rules that can apply disclosure rules akin to those set out in the FCC’s political file rules not only to broadcast content, but also to political ads transmitted online.  
  • The FCC’s Enforcement Bureau entered into a Consent Decree with a cable provider for violating the FCC’s Emergency Alert Service rules, requiring the provider to pay a $1.1 million penalty.  The Bureau found that the provider violated the FCC’s EAS rules by removing without prior FCC approval its EAS encoder/decoder devices to upgrade them to comply with new EAS equipment requirements that became effective in December 2023 (see our discussion here).  While EAS Participants (including broadcast stations) may operate without EAS devices for up to 60 days to repair or replace defective equipment without prior FCC approval, the Bureau stated that the provider’s EAS devices were not defective merely because they had to be upgraded to comply with the new EAS rules.  Rather, the Bureau concluded that since the provider’s EAS devices could perform EAS monitoring and transmitting functions at the time of the required upgrades, the provider could not take the devices offline without prior FCC approval. 
  • The Media Bureau entered into a Consent Decree with the licensee of an Oregon AM station and translator for two unauthorized transfers of control involving passage of the station from its former owner to relatives.  As we noted in a weekly update covering events at the end of September, the Bureau had proposed a $16,000 fine against the licensee for these unauthorized transfers.  To enable the grant of the transfer applications seeking FCC approval for these past transfers, the licensee agreed to enter into the Consent Decree, which requires payment of the $16,000 penalty as the Bureau proposed in September. 
  • The Media Bureau released a Notice of Proposed Rulemaking seeking comment on a petitioner’s proposal to amend the FM Table of Allotments by allotting Channel 260C0 at Ethete, Wyoming, as the community’s first local service.  The petitioner seeks a Tribal Priority for the proposed allotment (reserving the allotment for use by qualified Tribal entities) because its service area would mainly cover the Wind River Reservation and serve members of the Northern Arapaho and Eastern Shoshone Tribes.  Comments and reply comments responding to the NPRM are due January 17 and February 25, respectively. 
  • The Media Bureau took two actions on pending applications for new LPFM stations:
    • It affirmed its dismissal of an application for a construction permit for a new Connecticut LPFM station because the applicant failed to demonstrate that it was a non-profit educational organization.  The Bureau rejected the applicant’s request to reinstate its application, finding that the applicant provided neither its exact name in its original application nor adequate supporting documentation when it attempted to correct its error by filing an amendment to the application. 
    • The Bureau also dismissed a construction permit application for a new LPFM station at Boulder City, Nevada for violating the FCC’s rules about who can sign an application as, in this case, the signatory was identified as a “Tech” for the applicant.  The Bureau found that since the applicant was a corporation, the application had to be signed by an officer of the applicant.  As signature rule violations cannot be fixed through an amendment, the Bureau instead granted the mutually exclusive application for a new LPFM station at Henderson, Nevada. 

On our Broadcast Law Blog, we discussed opportunities for those in the broadcast industry to help others on Giving Tuesday, highlighting the good works of the Broadcasters Foundation of America, the FCBA Foundation, the Library of American Broadcasting Foundation, and those of foundations of state and national broadcast associations – just some of the ways that those of us in the broadcast industry can give back to others in our field.  Even though Giving Tuesday has passed, these organizations would certainly welcome your contributions.

November 25, 2024 to November 29, 2024

  • The U.S. Court of Appeals for the Fifth Circuit announced that oral argument in the appeal of the FCC’s reinstatement of the FCC Form 395-B is “tentatively scheduled” for the week of February 3, 2025.  The FCC reinstated the Form 395-B in February 2024.  The Form requires a yearly reporting on a station’s employees, broken down by race and gender and employment position (see our Broadcast Law Blog article about that decision here). The effective date of the reinstatement is on hold while the new form is being reviewed (see our article on the delay of the effective date here).  Appeals by several broadcast groups are being heard by the Fifth Circuit.  The appeals argue that the report is unconstitutional because it unlawfully pressures broadcasters to engage in race- and sex-conscious employment practices.  As we discussed here, no matter how the Court rules, the soon-to-be Republican-led FCC may revisit this decision as FCC Chairman designate Carr recently tweeted on X that the agency, under his leadership, would deprioritize “DEI” (Diversity, Equity, and Inclusion) efforts.
  • The FCC’s Media Bureau announced that comments are due December 26 (with replies due January 9) responding to the National Association of Broadcasters’ request for a rulemaking  to change the rule that was to be effective on the November 26 requiring TV stations to provide an aural description of non-textual emergency information, such as maps or other graphic displays, conveyed outside of station newscasts. The NAB requests that broadcasters be able to comply with the rule by providing “textual crawls that provide emergency information duplicative or equivalent to the information conveyed by the visual image.”  Otherwise, the NAB argues, many stations will cease airing visual images regarding emergencies due to their inability to comply with the rule. For more on the NAB petition, see our article here.  The NAB, in its rulemaking proposal, also requested an 18-month extension of the November 26 effective date while the FCC considers the rulemaking request. As this week’s FCC announcement did not address the request to extend the effective date of the rule, the NAB on Wednesday filed a request asking for a retroactive extension while its rulemaking request is being considered. 
  • The Media Bureau also reminded broadcasters of a filing freeze starting at 12:01 a.m. EST on December 3, 2024 for all full power TV station channel change petitions and for all full power and Class A TV station minor and major modification applications.  The freeze is to allow for a filing window opening at 12:01 a.m. EST on December 4, 202 for new noncommercial educational TV stations in communities in Alabama, Alaska, California, Idaho, Iowa, New Mexico, Oregon, Texas, and Virginia.  In October, the Media Bureau announced filing procedures for the this filing window and also imposed a filing freeze beginning October 10 on petitions seeking to add new reserved NCE channels to the Table of TV Allotments – in addition to the filing freezes beginning on December 3.  The filing freezes will continue until the filing window closes at 6:00 p.m. EST on December 11, 2024.  See our discussion here for more on the NCE filing window and the filing freezes. 
  • The FCC released a Small Entity Compliance Guide summarizing the FCC’s rules governing “Next Generation” broadcast TV stations (Next GenTV or ATSC 3.0), including the ATSC 3.0 technical requirements, interference protection requirements, cable/satellite carriage and simulcasting rules, and recordkeeping and reporting requirements.

The Media Bureau granted the substitution of Channel 11, at Lubbock, Texas for Channel 35, and the substitution of Channel 35, at Lubbock, Texas for Channel 36, which allows two Lubbock TV stations to “swap” their channels to enable the Channel 35 station to replace its failing equipment with that of the Channel 11 station.  The Bureau ordered the stations to file minor change applications to move to their new channels within ten days of the Order’s publication in the Federal Register.

November 18, 2024 to November 22, 2024

  • President-elect Donald Trump announced that FCC Commissioner Brendan Carr will serve as the next FCC Chairman when Trump takes office on January 20, and FCC Chairwoman Rosenworcel announced that she will be departing the FCC that same day.  Chairwoman Rosenworcel and Commissioners Gomez, Starks, and Simington issued statements congratulating Carr.  Commissioner Gomez also issued a statement thanking Chairwoman Rosenworcel for her leadership.  See our article on our Broadcast Law Blog for a discussion on what Carr’s regulatory priorities may mean for broadcasters. 
  • The FCC released an Order adopting permanent rules permitting broadcasters to originate programming on FM boosters for up to three minutes per hour for news, advertising, or other content different than that on the primary station (see our article providing more details about this permitted service, written in April when the FCC initially approved this use of  the “geocasting” or “zonecasting” technology).  When the newly adopted rules become effective, initiating such service on an authorized booster will not require FCC prior approval.  Instead, broadcasters only need to notify the FCC, using a form to be developed by the FCC’s Media Bureau, of their intention to begin program origination on an authorized booster 15 days before that operation begins.  The Order also adds rules formalizing other restrictions that were adopted in the FCC’s April order – including capping the number of originating boosters that a single FM or LPFM station can operate at 25 and extending the FCC’s political advertising and political file requirements to originating boosters.  Many of these new rules require the Office of Management and Budget’s approval before becoming effective, so watch for a future announcement of their effective date.  
  • The National Association of Broadcasters requested an 18-month extension of the November 26 deadline to comply with the FCC’s rule requiring TV stations to provide an aural description of non-textual emergency information, such as maps or other graphic displays, conveyed outside of station newscasts.  The extension is requested to permit the FCC to consider NAB’s proposal to amend the rules.  As we discussed, here, here, and here, and here, the FCC has extended this deadline numerous times since its 2013 adoption because of the unavailability of technology needed for stations to comply.  The NAB now requests a rule change allowing broadcasters to meet the FCC’s requirements if they provide “textual crawls that provide emergency information duplicative or equivalent to the information conveyed by the visual image.” Otherwise, NAB argues, many stations will cease airing visual images regarding emergencies if the rule takes effect later this week.  See our article on our Blog for more on the NAB’s petition.
  • The FCC released a draft Notice of Proposed Rulemaking proposing to update several TV and radio rules.  Many of the proposed changes deal with minor changes to rules for processing applications or they clarify or update the language of ambiguous rules.  Some of the more notable proposals include: (1) allowing AM stations seeking to improve their facilities at their current transmitter sites to request power increases of less than 20% (to eliminate burdens on FCC staff, current rules require do not allow a power increase of less than 20% to be considered by the Commission); (2) allowing directors or designated employees to sign FCC applications – not just officers; and (3) allowing STAs for technical or equipment problems to be granted for 180 days, rather than the 90 days currently permitted by the rules.  The FCC will vote on the draft NPRM at its December 11 Open Meeting.
  • The FCC’s Media Bureau reminded broadcasters that its audio description rules will take effect on January 1, 2025 for TV stations affiliated with the Top 4 Networks (i.e., ABC, CBS, Fox, and NBC) operating in Nielsen Designated Market Areas (DMAs) 101 through 110: (101) Tri-Cities, TN-VA; (102) Reno, NV; (103) Greenville-New Bern-Washington, NC; (104) Davenport-Rock Island-Moline, IA-IL; (105) Tallahassee-Thomasville, FL-GA; (106) Lincoln & Hastings-Kearney, NE; (107) Evansville, IN; (108) Ft. Wayne, IN; (109) Johnstown-Altoona-State College, PA; and (110) Augusta-Aiken, GA-SC.  In 2023, the FCC expanded its audio description requirements to Top 4 Network-affilated TV stations operating in DMAs 101 through 210 beginning with DMAs 91-100 on January 1, 2024, and ending with DMAs 201-210 on January 1, 2035 (see our discussion here).  Audio description provides narrated descriptions of a television program’s key visual elements during natural pauses in the program’s dialogue, for the benefit of individuals who are blind or visually impaired.
  • The Media Bureau also entered into a Consent Decree with an Indiana TV station for failing to timely file its license application for its digital replacement translator (DRT) and operating its DRT without FCC authorization for more than four years after it had completed construction of the DRT, including for 18 months after its DRT’s construction permit had expired.  DRTs allow TV stations to continue providing service to viewers that have lost service following a digital transition.  As with the construction of most broadcast facilities, an application for license must be filed when construction of new facilities authorized in a DRT construction permit are completed.  The Consent Decree requires that the station pay a $8,500 penalty and enter into a compliance plan to ensure that future violations do not occur. 

November 11, 2024 to November 15, 2024

  • The FCC announced that comments are due January 13, 2025, in response to proposed community of license changes for several radio stations.  The proposed changes are: (1) KBFL-FM from Buffalo, Missouri to Fair Grove, Missouri (here); (2) KPWB-FM from Piedmont, Missouri to Marquand, Missouri (here); (3) KVJB(FM) from Las Animas, Colorado to Swink, Colorado (here); (4) KYMO-FM from East Prairie, Missouri to Bertrand, Missouri (here); (5) WPNA-FM from Niles, Illinois to Evanston, Illinois (here); (6) KCAY(FM) from Dammeron Valley, Utah to Enterprise, Utah (here); and (7) WLJL(FM) from Riverside, Alabama to Lincoln, Alabama (here).
  • The FCC’s Media Bureau announced updated pleading deadlines for the Paramount-Skydance Media transfer applications after amendments were filed to revise its proposed post-merger ownership structure.  As we noted in a previous weekly update (here), in September, Paramount filed transfer applications proposing the company’s merger with Skydance Media, LLC which originally proposed that billionaire Larry Ellison would hold a controlling stake in the company.  The amended applications now propose that David Ellison, Larry Ellison’s son, will hold a controlling stake in the company, in addition to serving as its Chairman and CEO.  Petitions to deny the amended applications are now due December 16, oppositions to any petitions to deny filed are due January 2, 2025, and replies to any oppositions filed are due January 13, 2025.  
  • The FCC submitted its required semi-annual report to Congress on U.S.-based foreign media outlets.  The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) requires certain U.S.-based foreign media outlets to register with the FCC, and for the FCC to report those registrations to Congress every six months.  Registration is required by entities that are agents of a foreign government and produce or distribute video programming transmitted, or intended for transmission, by multichannel video programming distributors in the United States.  In this report, the FCC stated that no U.S.-based foreign media outlets registered with the agency between April 2024 and October 2024.
  • The FTC announced that January 14, 2025 is effective date of its “Click to Cancel Rule,” which amends its existing “Negative Option Rule” by requiring sellers to allow consumers to easily cancel their enrollments in subscriptions and services with “negative options.”  As we discussed in previous weekly updates here and here, the amended rule prohibits sellers from (1) misrepresenting the terms and conditions of goods or services with a negative option; (2) failing to clearly disclose material terms for goods or services with a negative option before charging a consumer; (3) failing to obtain a consumer’s consent to the negative option before charging the consumer; and (4) failing to provide consumers with an easy way to cancel the product or service.  While the Click to Cancel Rule will take effect on January 14, 2025, compliance with the new rule will not be required until May 14, 2025.
  • The Media Bureau proposed a $6,500 fine against a Florida LPTV station for filing its license application late and operating without FCC authorization for over two and a half years after it completed construction of its facilities.  LPTV stations are supposed to file license applications providing information about any new facilities that they have constructed pursuant to a construction permit before they commence operations with those new facilities.  The Bureau noted that while it normally imposes a $3,500 fine for such violations, an increased fine was warranted because of the station’s lengthy period of time operating without a license.  

November 4, 2024 to November 8, 2024

  • On our Broadcast Law Blog, we reviewed  many of the broadcast issues pending before FCC that could be affected by the transition to Republican leadership as a result of the change in administration because of Tuesday’s presidential election.  Among the issues that could be impacted are everything from the local ownership rules to the EEO Form 395-B, and from AI in political ads to general attitudes toward enforcement and regulation.  
  • “Pencils Down” letters were sent to FCC Chairwoman Rosenworcel by Republican Congresswoman McMorris Rodgers (see here) and Republican Senator Cruz (see here), the ranking Republicans on the House and Senate committees that have principal oversight responsibility over the FCC.  These letters requested that the FCC cease work on all partisan or controversial proceedings before the agency during the transition period between now and January 20, Inauguration Day, the start of the new Trump Administration.  FCC Commissioner Carr, who is considered to be a favorite for Trump’s pick as the new FCC Chairman, also issued a statement calling on the FCC Chairwoman to cease work on all partisan or controversial matters during the transition period.  
    • A similar “Pencils Down” letter was also sent by McMorris Rodgers to FTC Chairwoman Khan, requesting that the FTC stop work on all on all partisan or controversial proceedings during the transition and focus only on non-partisan, consensus issues. 
  • Commissioner Carr has seemingly called for an FCC investigation into whether NBC violated the FCC’s equal time rules by broadcasting an appearance by Vice President Harris on Saturday Night Live the weekend before the election.  The equal time rule requires a broadcaster to provide free airtime, on request, to opposing candidates when the broadcaster allowed a candidate’s appearance outside of news interviews or news coverage.  NBC provided President-elect Trump airtime during a NASCAR race on the Sunday before the election and later during the post-game show on Sunday Night Football.

October 28, 2024 to November 1, 2024

  • In a Press Release dated November 1, the Radio Music License Committee announced that its arbitration with SESAC over royalty rates for commercial radio stations resulted in a modest increase in royalties.  The royalites for the period January 1, 2023 through December 31, 2026 will increase from .2557% of revenue to .2824%.  The RMLC considers this a “win” as the decision rejected SESAC’s proposal to almost double its rates.  According to the press release, SESAC’s proposal for an increase was based “upon licenses secured by other licensors of music rights, both in and outside of the broadcast radio space.”  This presumably means that the arbitrators rejected proposals to use GMR rates as a benchmark for those of SESAC. With proceedings to determine the ASCAP and BMI royalties pending, the rejection of the GMR rates as a standard may be an important precedent.  The modest increase in SESAC’s fees is retroactive to January 1, 2023, so all licensees can expect a “true-up” payment for the higher rates when all details of the new license are finalized.  Look for more details on the implementation of the new rates in the near future.  
  • The FCC released a draft Order to be considered at its next monthly Open Meeting on November 21 to establish final rules for FM booster stations to originate a limited amount of program content.  In April, the FCC approved “geocasting” or “zonecasting,” allowing up to 3 minutes per hour of programming on boosters for news, advertising, or other content different than that on the primary station (see our article here).  Currently, such operations are allowed only through experimental authorizations but, if this draft Order is adopted, the process will be simplified, not requiring prior approval but instead only requiring that FM broadcasters notify the FCC, using a form to be developed by the FCC’s Media Bureau, of their intention to begin program origination on an authorized booster 15 days before that operation begins.  The draft Order also adds rules formalizing other restrictions that were adopted in the FCC’s April order – including capping the number of originating boosters that a single FM or LPFM station can operate at 25 and extending the FCC’s political advertising and political file requirements to originating boosters.  
  • A petition for reconsideration was filed against the FCC’s September grant of the applications approving Audacy’s ownership reorganization which allowed it to emerge from bankruptcy (see our discussion here).  The petitioner argues that the FCC failed to explain how waiving its foreign ownership rules to expedite Audacy’s emergence from bankruptcy was in the public interest.  
    • Chairwoman Rosenworcel responded (here and here) to further Congressional inquiries (here and here) about the FCC’s approval of the Audacy’s recent transfer of control.  The Chairwoman again explained that Audacy’s post-bankruptcy foreign interests did not require prior FCC approval because those interests were warrants conveying no ownership or voting rights until they are exercised, and the exercise cannot happen until FCC approval.  The Chairwoman explained that this procedure was the same as that used in several other broadcast bankruptcies approved by the FCC in recent years (including those of iHeart, Cumulus, and Alpha).   
    • Audacy filed its petition for declaratory ruling seeking approval for those foreign investors to hold up to a 49.99% interest in the company (though they currently hold only about 27%).  In granting the Audacy applications, the FCC required Audacy to file this petition within 30 days of the company’s emergence from bankruptcy.  Audacy states in the petition that foreign individuals and entities will hold only minority ownership interests in Audacy once their warrants are exercised, and that a U.S.-based corporation will remain the company’s single majority shareholder.    
  • A Florida federal court extended by 14 days its temporary restraining order barring the Florida state government from threatening TV stations over political ads relating to a state ballot issue.  As we discussed here, here, and here, the Court blocked the Florida state government from threatening broadcast stations with criminal prosecution for running political ads supporting an amendment to the Florida Constitution to protect abortion rights, finding these threats violated the stations’ First Amendment rights.  The restraining order was set to expire on October 29 but was extended while the Court ruled on a separate request for a preliminary injunction to bar such threats.  
  • The FCC announced the tentative selectees in four groups of mutually exclusive applications (applications that cannot all be granted consistent with the FCC’s technical rules) for noncommercial educational FM station construction permits filed during the November 2021 filing window.  The FCC previously determined the tentative selectees in 3 groups under its points system analysis, but needed to reassess its prior selections after objections were filed against the tentative selectees, and it needed to reassess another when the group’s tentative selectee withdrew its application.  In this week’s decision, the FCC found that, in two groups, there were two tentative selectees tied in the point system analysis, and it gave the tied applicants 90 days to propose a time-sharing arrangement to share use of the channel, or the FCC would impose one.  The FCC selected new tentative selectees for the other two groups.  

On our Broadcast Law Blog, we highlighted  the upcoming regulatory dates and deadlines affecting broadcasters in November and early December.

October 21, 2024 to October 25, 2024

  • The National Association of Broadcasters denounced recent threats to revoke broadcast station licenses for political reasons, stating: “The threat from any politician to revoke a broadcast license simply because they disagree with the station’s content undermines [the] basic freedom . . . enshrined in the First Amendment.”  The NAB’s statement follows former President Trump’s letter this week to CBS threatening legal action against the network for its apparent preferential editing of the 60 Minutes’ interview on October 7 with Kamala Harris, and the release of a court affidavit this week indicating that Florida Governor Mark DeSantis was behind the Florida Department of Health’s letter threatening broadcast stations with criminal prosecution for running political ads supporting an amendment to the Florida Constitution to protect abortion rights – efforts that a Florida federal court blocked for violating the First Amendment (see our discussions here and here).  The Florida Department of Health subsequently stated in a court filing that it had no immediate intention to prosecute stations running the ad, but would do so if harm results in the future from airing the ad.  
  • A letter request was sent by a number of public interest groups to FCC Chairwoman Rosenworcel asking that she have the FCC declare that political advertising paid for primarily by political parties, but “authorized” by a legally qualified candidate, not be entitled to lowest unit rates – claiming that only ads purchased by candidates’ official campaign committees should be entitled to such rates.  We see little chance that the FCC will act on this request in the near term as the FCC staff, in recent years, has informally advised broadcasters that ads paid for by non-candidate groups but authorized by a candidate, if permitted by state or federal law, be treated as a candidate ad entitled to LUR.  For more background on this issue, see our article here about a request filed in 2022 to change the informal policy, a request that was withdrawn before it was acted on by the FCC.  
  • Chairwoman Rosenworcel responded to a letter from Congresswoman Rodgers, Chair of the House Committee on Energy and Commerce, requesting that the FCC explain why it waived its foreign ownership rules in approving the Audacy transaction (see our discussion here).  The Chairwoman responded that the FCC did not deviate from its regular procedures and acted consistent with agency precedent in approving the transaction, as the FCC did not need to approve any foreign interests above the 25% benchmark set by Section 310(d) of the Communications Act because those interests were in the form of warrants conveying no voting or economic interest in Audacy until they were exercised by the holders following FCC approval.  The response noted that this same FCC approval process, allowing Audacy’s emergence from bankruptcy, had been used in many other prior bankruptcies, including those of Cumulus, iHeart, Liberman Television, and Alpha Media, so its application here was not a new or novel action as some critics had claimed.   
  • The Media Bureau announced that November 20 is the effective date for some rules adopted by the FCC in its September Report and Order permitting digital FM radio stations to operate at different power levels on their upper and lower digital sidebands.  The new rules taking effect on that date include the FCC’s new definition for asymmetric sideband operations.  Most of the rules adopted in the Order, however, including the new digital FM operation notification procedures needed to allow stations to initiate the newly authorized operations without prior FCC approval, still require the Office of Management and Budget’s approval before they will become effective.  
  • The FCC released a Notice of Inquiry seeking comment on whether it should review and strengthen its existing customer service standards for cable providers and whether it should establish similar standards for direct broadcast satellite (DBS), voice, and broadband service providers based their low customer satisfaction ratings.  For example, the FCC seeks comment on whether providers should: (1) provide a simple method for customers to cancel services; (2) obtain explicit customer consent for automatic service renewals (see our discussion here of the FTC’s announcement last week of the related “Click to Cancel Rule”); or (3) be permitted to use AI technologies as an alternative to live service representatives.  Of interest to broadcasters, the FCC also seeks comment on whether providers should offer credits to affected customers for service interruptions, including those arising from failed retransmission consent negotiations with broadcast stations.  Comments are due November 22, and reply comments are due December 9. 
    • Also, the FCC’s Media Bureau reminded cable operators and DBS providers that they must begin specifying the “all-in” price for video programming in promotional materials and on subscribers’ bills by December 19.  The FCC adopted the “all-in” rule in an April Report and Order, requiring that video programming charges be stated as “all-in” price as a single line item, including charges for broadcast retransmission consent, regional sports, and other programming.  Small cable operators (those with $47 million or less in annual receipts), however, have until March 19, 2025 to comply with the rule.  
  • The Media Bureau dismissed nine LPFM construction permit applications because the applicants were commonly owned by the same corporate entity in violation of the FCC’s prohibition on a party holding interest in more than one LPFM station.  The Bureau found that each applicant’s Articles of Incorporation gave the same corporate entity the power to appoint each applicant’s directors, which gave that entity impermissible common control over each applicant.  

On our Broadcast Law Blog, we discussed the FCC’s announcement last week regarding the second round of 2024 EEO audit responses for 150 targeted stations.  Responses to the audit are to be uploaded to a selected station’s online public file by December 2 (or January 16 for targeted stations located in states impacted by Hurricanes Helene and Milton).  Our article noted the importance for all broadcasters of reviewing their compliance with the FCC’s EEO rules – even if they are not being audited this cycle, as they could be selected for review when the next audit is conducted, likely in early 2025. 

October 14, 2024 to October 18, 2024

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’s Enforcement Bureau released its second EEO audit notice for 2024.  Audited stations and their station employment units (commonly owned stations serving the same area) must provide to the FCC their last two years of EEO Annual Public File Reports and other documentation showing that the stations complied with the FCC’s EEO rules.  Audited stations have until December 2 to upload the required information to their Online Public Inspection Files, although stations in Florida, Georgia, North Carolina, South Carolina, Tennessee, and Virginia impacted by Hurricanes Helene or Milton may take additional time until January 16 to do so.  See our article here for more detail on EEO audits and the FCC’s concerns about broadcasters’ EEO obligations.
  • In a case that shows the seriousness with which the FCC views the use of EAS tones where there is no emergency, the FCC proposed a $146,976 fine against ESPN for transmitting false Emergency Alert System tones during a promotional segment for the start of the 2023-2024 NBA season.  The Bureau found that ESPN aired a simulated, two second EAS tone during the NBA promotional segment which aired six times in October 2023 on the ESPN and ESPN 2 cable channels.  The Bureau upwardly adjusted the base forfeiture amount of $48,000 ($8,000 per violation) to $146,976 based on several factors including ESPN’s sizeable nationwide audience reach, ESPN’s history of airing false EAS tones, the fact that ESPN aired the simulated EAS tones for its economic gain, and because airing simulated EAS tones desensitizes the public to the potential importance of warning tones.  The Bureau also noted that ESPN’s production team was aware that it was airing simulated EAS tones, and that the network did not inform the FCC that it did so until it responded to the FCC’s inquiry. 
  • A Florida federal court barred the Florida state government from taking any further actions, including criminal prosecution, against broadcast stations running political advertisements supporting a proposed amendment to the Florida Constitution to protect abortion rights.  As we discussed in last week’s update, the Florida Department of Health sent a cease and desist letter to stations running those political ads threatening stations with criminal prosecution for airing allegedly false information regarding the availability of medical treatment in Florida for pregnancy complications.  The Court found that the state could not indirectly censor the ads through threats of criminal prosecution because the ads were political speech protected by the First Amendment. 
  • Reply comments were due in response to the FCC’s July Notice of Proposed Rulemaking proposing that broadcasters and cable operators disclose, both on the air and in their Online Public Inspection Files, the use of AI-generated content in political advertisements.  We discussed this proceeding here, and noted some of the initial comments filed last month here.  In their reply comments, several broadcasters (see here, here, here, and here), broadcast TV networks (ABC, NBC, CBS, and Fox), and industry groups (see here and here) restated their objections to the FCC’s proposal including the disproportionate burden broadcasters and cable providers would bear under the proposed rule, the FCC’s lack of authority to regulate AI use in political ads, and the First Amendment issues raised by the proposed rule.  Even supporters of the FCC’s proposal (see here and here) urge a narrowing of the FCC’s proposed definition of the “deep fakes” which require disclosure, but they disagree with most of the other challenges to the proposal.
  • The FTC adopted a new “Click to Cancel Rule,” which amends its existing “Negative Option Rule” by requiring sellers to allow consumers to easily cancel their enrollments in subscriptions and services with “negative options.”  As we discussed here, “negative options” are used in marketing and sales in a variety of forms (such as automatic subscription renewals) where a seller of a product or service interprets a customer’s silence, or failure to take an affirmative action, as acceptance of an offer to sell and charge for those products, or to continue to provide those products beyond an initial purchase.  The amended rule prohibits sellers from: (1) misrepresenting the terms and conditions of goods or services with a negative option; (2) failing to clearly disclose material terms for goods or services with a negative option before charging a consumer; (3) failing to obtain a consumer’s consent to the negative option before charging the consumer; and (4) failing to provide consumers with an easy way to cancel the product or service.  The new rule applies to the use of negative options in any media, including, electronic communications, telephone, print, and in-person transactions, and sellers can face civil penalties for violating the new rule.  The FTC released a fact sheet and blog post summarizing the new requirements.  The rule will become effective 180 days after its publication in the Federal Register, but some provisions (such as the new misrepresentation provision) will become effective 60 days after its publication. 
  • The FCC published in the Federal Register a notice announcing that November 18 is the effective date of its February Report and Order permitting the use of a new type of wireless microphone system called “Wireless Multi-Channel Audio System” (WMAS) on a licensed basis in frequency bands where wireless microphones already are currently authorized, including the TV bands (VHF and UHF).  The FCC’s goal in permitting WMAS is to enhance the spectral efficiency of wireless microphone use without altering the spectrum rights or expectations of existing users, including broadcast licensees.
  • The FCC released a Public Notice announcing the tentative selectees from 93 groups of mutually exclusive LPFM construction permit applications (applications that cannot all be granted under the FCC’s technical rules) which were filed during the December 2023 LPFM filing window.  The FCC evaluated the LPFM applications using a points system and the tentative selectee of each mutually exclusive (MX) group (listed in bold here) was either a single applicant with the highest point total or multiple applicants tied for the highest point total from each MX group.  The Public Notice states that: (1) petitions to deny against the tentative selectee selections are due November 15; (2) tentative selectees tied under the point system analysis have until December 15 to submit voluntary time-sharing proposals before the FCC will impose involuntary time-sharing arrangements on such applicants; and (3) MX applicants will also have until December 15 to file major technical amendments to their applications to resolve their mutual exclusivities.  The Notice provides guidance on filing voluntary time-share proposals and major technical amendments, and identifies the full power FM stations and FM translators affected by the LPFM applicants’ second-adjacent channel waiver requests (here). 
  • The Bureau granted three noncommercial FM station construction permit applications filed by the same applicant over an objection claiming that the applicant failed to disclose that two of its directors held attributable interests in multiple LPFM stations, which was prohibited by the FCC’s LPFM ownership limits.  The Bureau found that since the directors resigned from their positions in the LPFM stations before the applications were filed, those interests did not need to be disclosed in the applications as attributable.  
  • The Bureau proposed a $20,000 fine against a Hawaii TV station for failing to timely upload to its OPIF the majority of its Quarterly Issues/Programs Lists from its most recent license period.  The Bureau found that the station uploaded 10 lists more than 1 year late, 11 lists between 1 month and 1 year late, and 2 lists between 1 day and 1 month late. Given the extent of the station’s violations, the Bureau upwardly adjusted its proposed fine from the base amount of $10,000.  
  • The Bureau also granted a petition to modify the FM Table of Allotments by allotting Channel 284A at Huntley, Montana, as the community’s first local service.  The Bureau also modified the license of KYSX, Billings, Montana to operate on Channel 286A in lieu of Channel 283C1 to accommodate the new Huntley allotment.  The Huntley channel will be available for application during a future FM filing window which, as noted below, may not occur for some time.

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