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.

July 6, 2026 to July 10, 2026

The FCC’s Media Bureau announced that the upcoming new noncommercial educational FM translator reserved band (88.1-91.9 MHz) filing window has been moved from August to November to accommodate applicants affiliated with schools on summer holidays and other noncommercial companies who argued that an August window did not give them enough time to prepare their applications. The filing window will now open at 12:01 a.m. ET on November 4, 2026, and will close at 6:00 p.m. ET on November 17, 2026. The associated filing freeze on all reserved and non-reserved band LPFM, FM translator, and FM booster station minor modification applications that was to begin on July 10 to facilitate the filing window will now begin at 11:59 p.m. ET on October 2, 2026, and will continue until the filing window closes. See our Broadcast Law Blog article here for more on the filing window and the filing freeze’s rescheduling.
The NAB announced that it has released its new Broadcast Station Self-Inspection Guides for AM, FM, and TV. These guides, prepared in conjunction with the Society for Broadcast Engineers, replace guides that once were furnished by the FCC but which the FCC has not updated in 20 years. The guides help broadcasters to ensure that their operations comply with FCC rules. The guides are free to NAB and SBE members.
The FCC’s Enforcement Bureau entered into a Consent Decree with iHeartMedia to resolve its investigation into iHeart’s purported violations of the FCC’s sponsorship identification rules. The investigation began with allegations from Senator Blackburn that iHeart was coercing artists to perform at its events for free or at a reduced cost either through threats of withholding airplay for those artists’ music, or by promising them greater airplay if they performed. iHeart neither admitted that it violated the sponsorship identification rules nor agreed to pay any sort of penalty. Instead, for 36 months, iHeart must, among other things, implement a compliance program to avoid any future violations and to report to the Commission on the bands playing at major iHeart events and the airplay these bands receive before and after the event. We wrote more about this Consent Decree and its meaning for broadcasters in this article on our Broadcast Law Blog.
- FCC Chairman Carr released a statement regarding the Consent Decree, stating that the FCC “is committed to ensuring that artists – especially up and coming ones – get a fair shake in their dealings with the broadcast industry,” and that the Consent Decree “adds significant new protections and offers the FCC greater transparency to ensure that artists retain their right to decide when and where they will perform.”
The Media Bureau released a Public Notice announcing that July 9 was the effective date of certain rules adopted by the FCC in its December 2025 Report and Order, which revised the FCC’s rules applicable to Class A, LPTV, and TV translator stations (see our note here). The rules taking effect on July 9 cover topics including requiring that applications for new facilities exceeding permissible interference levels include a copy of the interference acceptance agreement between affected parties; allowing LPTV and TV translator stations that are sharing channels to cease sharing and seek a license for a non-shared channel by filing a major modification specifying a new channel; and requiring Class A, LPTV, and TV translator stations to use call signs matching their service designation (“-LD” for LPTV, “-CD” for Class A, and “-D” for TV translators) but grandfathering existing station call signs. The Bureau noted that stations with non-complaint call signs that are not grandfathered have until July 9, 2027 to change their call sign to a rule complaint call sign. The Bureau also provided guidance for disclosing other attributable broadcast interests in new and major change LPTV and TV translator applications, and noted that it will issuing a separate Public Notice regarding the treatment of mutually exclusive new and major change LPTV and TV translator applications (which may exist from recent filings arising from the lifting of the freeze on such applications – see our articles here and here).
The Media Bureau granted iHeartMedia’s petition for declaratory ruling seeking FCC approval of several new and existing foreign investors’ ownership interests pursuant to Section 310(b) of the Communications Act. Absent FCC approval, 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. The Bureau found that approving iHeart’s foreign investment above the 25% threshold was in the public interest as it facilitated access to foreign capital which would allow iHeart to better compete with other media companies, enhance its programming, and potentially encourage reciprocal investment opportunities for U.S. companies in foreign markets. The Bureau conditioned its approval on iHeart’s continued compliance with its 2020 Letter of Agreement with the U.S. Department of Justice, which requires iHeart to report certain changes in ownership, control, or operations, and to file an annual compliance report. iHeart must also monitor its foreign equity and voting interests, obtain FCC approval for any new foreign investors holding 5% or greater ownership interests in iHeart, obtain FCC approval for any foreign individual or entity holding a controlling interest in iHeart, and promptly disclose any noncompliance with the FCC’s foreign ownership rules.
The Media Bureau released a Notice of Proposed Rulemaking proposing to substitute Channel 285A for vacant Channel 248A at Whitehall, Michigan. The Bureau stated that a recent staff engineering analysis found the vacant Channel 248A does not comply with the FCC’s minimum distance separation requirements for FM stations and that replacing Channel 248A with Channel 258A would resolve the existing short-spacing conflicts to 3 nearby FM stations. Comments and reply comments responding to the NPRM are due August 24 and September 8, respectively.

In addition to the articles on the extension of the NCE translator window and the iHeart Consent Decree, on our Broadcast Law Blog, we wrote about the Blog’s 20th anniversary, and about some of the legal and policy issues that have remained unresolved throughout that period.

June 29, 2026 to July 3, 2026

In Trump v. Slaughter, the U.S. Supreme Court affirmed the President’s power to remove independent federal agency heads by upholding his firing of an FTC Commissioner—a decision seemingly giving the President the power to fire members of most Congressionally created “independent agencies” that exercise executive duties including interpreting and administering laws. This likely includes the FCC, the SEC, and many other government commissions and agencies. The decision overturned a 1935 Supreme Court decision called Humphrey’s Executor, which had limited the President’s power to remove the heads of independent agencies. This decision could lead to more partisan administrative agencies with larger policy shifts from one Presidential administration to another. On our Broadcast Law Blog this coming week, we plan to write more about the impact of this decision.
- President Trump posted on Truth Social that the Slaughter decision was a “BIG WIN” and a “Historic and Unprecedented Ruling” and noted that the decision “greatly increas[es] Presidential Power at a time when it is most needed!”
- FCC Commissioner Gomez released a statement critical of the Slaughter decision, stating that it “puts at risk how Congress intended independent agencies to function in American democracy.” She stated that “Independent agencies exist to make decisions based on facts and the law…. [W]hen commissioners can be removed for their policy views rather than for cause, the inevitable result is an agency that pulls its punches and defers to political winds rather than the record before it.” Gomez also stated that “we are already seeing what political control of this agency looks like in practice, through investigations targeting broadcasters and government critics for coverage this administration finds unfavorable.”
The Supreme Court also released its decision in National Republican Senatorial Committee v. Federal Election Commission, holding that federal political parties can coordinate their campaign activities, including their advertising spending, with their candidates. Before this decision, parties were only able to spend a small amount of money in coordination with their federal candidates. Based on a March Public Notice released by the FCC’s Media Bureau stating that coordinated party spending is to be accorded lowest unit rates in the 45 days before a primary and the 60 days before a general election, the Court’s decision will likely mean much more political advertising will be at lowest unit rates as parties, who previously had to buy at issue rates, will now be able to place ads authorized by federal candidates at the LUC rates. For more on this decision and some of the issues it leaves unanswered, see our Broadcast Law Blog article here.
The FCC released the full text of its Report and Order and Further NPRM adopted at its regular monthly Open Meeting last week to increase the security of the Emergency Alert System (EAS). As we detailed in our article here, the Order requires that broadcasters, within 60 days, comply with new rules setting out a three-point program to secure their EAS equipment, studio transmitter links, and any remotely managed equipment used for routing, processing, or inserting content into their programming streams. The requirements include stricter password controls, updates to EAS systems and equipment, and putting all parts of the system behind a firewall or otherwise isolating it from other Internet-connected devices. The FNPRM seeks comments on several other proposals including whether to require authentication of all EAS alerts before transmission, taking other steps to make EAS alerts more accurately targeted, and whether software-based EAS encoders/decoders should be allowed in addition to the current hardware devices.
The FCC released two draft items on satellite earth station issues that it will consider at its next regular monthly Open Meeting on July 22:
- The FCC released a draft Report and Order and Further Notice of Proposed Rulemaking, which, if adopted, would make significant changes to its space and earth station rules. For earth stations, the changes would include extending license terms to 20 years; allowing earth stations to be licensed on a nationwide, non-site basis; permitting conditional grants for earth stations while frequency coordination remains ongoing under certain circumstances; and standardizing and streamlining earth station application procedures and processing. In the FNPRM, the FCC seeks comments on several issues including whether to retain rules for receive-only earth stations, possible revisions to certain earth station technical rules and definitions, and further refinements to the nationwide, non-site earth station license rules.
- The FCC also released a draft Report and Order, Order of Proposed Modification, and Order on Reconsideration, which, if adopted, would reconfigure the Upper C-band (3.7-4.2 GHz) for terrestrial wireless flexible use through an auction of a portion of the band (3.98-4.14 GHz) with a portion of the band acting as a guard band (4.14-4.16 GHz). This will require the clearing of incumbent operators from the 4.0-4.16 GHz portion of the band, including earth stations that recently relocated from the lower C-band. This will include broadcasters who receive satellite-delivered programming in that band. The draft item establishes a deadline of June 30, 2031 for relocation of all incumbent operators from the 4.0-4.16 GHz portion of the band (which some operators will have to clear by December 30, 2030). As with the previous lower C-band transition, the draft item states that incumbent operators will be reimbursed for certain relocation costs. The draft item also states that incumbent operators remaining in the 4.16-4.2 GHz portion of band will receive interference protection.
The FCC announced that June 30 is the effective date of its May Report and Order streamlining Disaster Information Reporting System (DIRS) filing obligations, which are voluntary for broadcasters. While under FCC Chairwoman Rosenworcel, the FCC proposed requiring TV and radio stations to report their operating status during disasters in the FCC’s DIRS database (see our note here), the Order did not make the filing mandatory. The FCC did adopt a “one-click” filing option to reduce all DIRS participants’ filing burdens.
The FCC issued a $40,000 fine against an individual in Waterbury, Connecticut for operating a pirate radio broadcast station. The pirate broadcaster now has 30 days to pay the fine, or the FCC may refer the case to the U.S. Department of Justice. The FCC itself cannot sue to collect fines or take actions against individuals who ignore these fines. It must rely on the DOJ to enforce them in Court.

On our Broadcast Law Blog, in addition to the articles on the steps broadcasters are required to take to secure their EAS systems and on the impact of the Supreme Court decision on political parties being able to coordinate their spending with their candidates on broadcasters’ obligations to offer lowest unit rate to party ads and, we highlighted July regulatory dates and deadlines affecting broadcasters.

June 22, 2026 to June 26, 2026

At its regular monthly Open Meeting, the FCC took actions to increase the security of the Emergency Alert System by adopting a Report and Order and Further Notice of Proposed Rulemaking (the final version has not yet been released, but a draft is available here and a News Release summarizing this week’s FCC’s action is here). Broadcasters are required to adopt a three-point program to secure their EAS equipment, studio transmitter links, and any remotely managed equipment used for routing, processing, or inserting content into their programming streams. Broadcasters must adopt strong password security practices; test and install security patches and security-related software and firmware upgrades promptly after those patches or upgrades are available; and use a network firewall or comparable practice to limit remote access to authorized devices and systems. Broadcasters must quickly implement these requirements (note that the draft Order in one place says it is to be effective 60 days after the publication of the final order in the Federal Register, but in another paragraph says 90 days – watch for an article on our Broadcast Law Blog detailing the requirements once the full text of the final order is released). The FNPRM seeks public comment on a number of matters including a proposal to require authentication of all EAS alerts before transmission, other steps to make EAS alerts more accurately targeted, and if software-based EAS encoders/decoders should be allowed in addition to the current EAS hardware devices.
Several Democratic federal candidates filed a petition for review in the U.S. Court of Appeals for the Fourth Circuit seeking to overturn the FCC Media Bureau’s March Public Notice purporting to provide guidance on entitlement to lowest unit charge (LUC) for political ads. As we noted here, the Bureau said in the March Public Notice that the LUC obligation extends beyond legally qualified candidates and their official committees to joint fundraising committees comprised of a federal candidate’s principal campaign committee and other political committees, and to “coordinated expenditures” between political parties and legally qualified federal candidates. The petitioners argue that the Bureau’s guidance directly conflicts with the Communications Act and the FCC’s rules which limit LUC rate eligibility to only legally qualified candidates, and that the decision is not supported by the FEC rules on which the Media Bureau relied. In April, these same parties filed an Application for Review asking that the full Commission reject the guidance given in the Bureau’s Public Notice but, as the FCC has not acted on that request, they filed this petition asking the Court to intervene.
The Media Bureau dismissed a November 2025 petition for special relief seeking repeal of the FCC’s news distortion policy. The rarely used news distortion policy prohibits broadcasters from deliberately distorting news about important events (liability being found where there was a deliberate intent to deceive the audience, as opposed to news slants being mere inaccuracies or the result of editorial judgements). This policy has rarely been applied to avoid embroiling the FCC in content-based decision making assessing the truth of news stories. As we noted here, the petition was filed by a number of former FCC chairs, commissioners, staff, and public interest groups, arguing that the policy violates the First Amendment because the FCC appears to be using it to suppress viewpoints critical of President Trump (see our note here) and the policy cannot be applied without prohibited content-based decision making as to the accuracy of the news. Last month, the U.S. Court of Appeals for the D.C. Circuit ordered the FCC to respond within 30 days to a petition for writ of mandamus asking that the Court order the FCC to act on the petition. In the decision this week, the Bureau dismissed the petition of the former employees on procedural grounds, concluding that the FCC’s rules do not explicitly allow for the filing of a “special relief” petition in these circumstances. The Bureau’s decision never addresses the merits of the arguments raised in the petition. Expect further actions by the supporters of this petition.
FCC Chairman Carr responded to a letter from Democratic members of Congress seeking information on the FCC’s alleged use of its authority to pressure companies to alter their otherwise-lawful DEI policies. The letter cites the FCC’s investigations of the DEI practices of several FCC-regulated entities, including Disney/ABC, and alleges that the FCC was investigating Disney despite its DEI practices being unrelated to its broadcast stations. Carr defended the FCC’s investigations, citing its authority to prohibit discrimination under the Communications Act and President Trump’s Executive Order directing federal agencies to investigate private sector DEI practices, and alleging that the FCC believed that some broadcasters’ practices may be discriminatory.
The FCC announced that August 21 is the effective date of its March Direct Final Rule, in which the FCC deleted several rules that it found unnecessary or obsolete. The deleted rules include rules for the TV broadcast spectrum reverse auction which ended in 2017 and regarding installment payments and auction procedures that are either out of date or are covered in other rules still applicable to broadcasters. As we noted here, the Direct Final Rule process allows the FCC to delete a rule without prior public comment if no objections to the deletion are filed in a 10 to 20-day comment period after the item’s publication in the Federal Register. If substantive negative comments are filed against the March Direct Final Rule by July 13, the FCC will implement regular notice and comment procedures before the deletions take effect.
The FCC’s Enforcement Bureau issued a $20,000 fine against an individual in Spring Valley, New York for operating a pirate radio broadcast station. The pirate broadcaster now has 30 days to pay the fine, or the FCC may refer the case to the U.S. Department of Justice. The FCC itself cannot sue to collect fines or take actions against individuals who ignore these fines. It must rely on the DOJ to enforce them in Court.
- The Enforcement Bureau also proposed 2 separate fines for operating pirate radio broadcast stations in the Bronx, New York: a $25,000 fine against an individual, and a $20,000 fine against multiple individuals and a corporation. In each case, the Enforcement Bureau alleges that its agents heard an operating pirate station and through research identified those named as being responsible for the illegal operations.
The Media Bureau reversed its grant of a New York FM translator’s minor modification application due to a nearby FM station’s interference complaint. The FM station filed an interference complaint against the translator’s original modification application. The FM translator then amended the modification application to address the interference claim. The Bureau granted the amended application before the FM station could address the amended proposal. In this week’s decision, the Bureau granted the FM station’s petition for reconsideration, finding that there was a valid interference claim against the amended proposal and that the FM station’s objections to the amended proposal were not raised too late, as the Bureau’s grant of the amended application only 2 days after the filing of the amendment did not provide the station with a reasonable opportunity to address the predicted interference.

June 15, 2026 to June 19, 2026

The FCC’s Media Bureau released a Public Notice announcing that applications for new noncommercial Reserved Band (88.1 to 91.9 MHz) FM translators can be filed during a window between 12:01 a.m., ET, on August 11, 2026 and 11:59 p.m., ET, on August 25, 2026. To facilitate the preparation of applications in the filing window by stabilizing the technical database, the Bureau announced a filing freeze on both reserved and non-reserved band LPFM, FM translator, and FM booster station minor modification applications beginning at 11:59 p.m., ET, on July 10, 2026, and continuing until the filing window’s closing. The Public Notice also summarized the window’s filing procedures and requirements, including that applications must be filed electronically on Schedule 349 through the FCC’s Licensing Management System (LMS), and may only be filed by licensees or permittees of existing noncommercial AM, FM, and LPFM stations that will be the primary station of the proposed FM translator. Applicants are limited to filing 10 applications (except that Tribal LPFM applicants who are limited to 4 applications and other LPFM applicants are limited to 2 applications). The FCC will favor applications for fill-in service over those that propose to expand the coverage of their primary station. All other mutually exclusive applications (those which cannot all be granted consistent with the FCC’s technical rules) will be evaluated based on the FCC’s point system criteria. The Bureau reminded applicants that the required documentation for claiming points must be filed with the original application (see the Schedule 349 application instructions here). For more on this Public Notice, see our Broadcast Law Blog article here.
The FCC’s Enforcement Bureau released a Public Notice announcing that the FCC’s fine schedule (for “civil monetary penalties”) will not be adjusted for inflation for 2026. While the FCC is required by law to annually adjust its fines based on prior-year Consumer Price Index (CPI) data, the Bureau explained that the Office of Management and Budget recently directed federal agencies to continue using 2025 fine levels for the remainder of 2026 because the Bureau of Labor Statistics did not release 2025 CPI data last year due to the federal government shutdown.
FCC Chairman Carr responded to a letter from several Democratic Senators demanding that the FCC rescind the Media Bureau’s Order that Disney file its license renewals early for its ABC TV stations (see our note here) and explain the Bureau’s basis for the Order. As Carr did with his recent response to a similar letter from Congressional representatives that had alleged that the FCC was attempting to chill the speech of those critical of the Trump Administration (see our note here), Carr stated that early renewals were a long-established FCC practice, and the Media Bureau has called in other broadcasters’ renewals early (including Bridge News, whose renewals were requested at the same time as Disney) and recently concluded that a short-term renewal was appropriate for a station’s continued violations of its Online Public Inspection File obligations after entering into a Consent Decree for those rule violations (as we noted here). Carr said that the Disney early renewals resulted from an investigation of EEO practices and were not a product of singling out Disney for special treatment. Carr again contrasted these actions with what he alleged were political actions by the FCC under the Biden Administration, which he said included pressuring cable providers to drop right-wing news outlets, blocking the sale of broadcast stations for political reasons, and refusing to renew broadcast licenses.
The Media Bureau granted an application for the transfer of control of the licensee of a TV station located in the Traverse City-Cadillac, MI DMA, resulting in the transferee holding ownership interests in two TV stations in that market. DIRECTV filed a petition to deny against the application, alleging that the parties had not shown that the transfer was in the public interest, and because it would lead to higher retransmission consent fees in the local TV market. Citing its recent approvals of TV station assignment applications where similar arguments were raised (see our notes here, here, here, and here), the Bureau again found that a special public interest showing was not required for applications that comply with the current Local TV Ownership Rule’s two-station limit, and that DIRECTV’s additional arguments about the transactions’ harms were speculative.
The Media Bureau released a Notice of Proposed Rulemaking proposing to amend the TV Table of Allotments by substituting VHF Channel 11 at Alamogordo, New Mexico for VHF Channel 4. The petitioner is the permittee of a new noncommercial TV station on Channel 4, and it proposes moving the station to a higher VHF Channel to improve is over-the-air reception. The petitioner states that the proposed Channel 11 operation would allow viewers to use a smaller indoor antenna to receive the station.
The Media Bureau and the Office of Managing Director issued an Order to Pay or to Show Cause against 3 commonly-owned Texas AM stations 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 stations have a combined unpaid regulatory fee debt totaling $166,646.79 for fiscal years 2013, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, and 2025.

June 8 2026 to June 12, 2026

The House Judiciary Committee held a hearing titled “Examining the Sports Broadcasting Act.” The hearing featured testimony from several industry members and government officials, including FCC Commissioner Gomez and NAB President and CEO Curtis LeGeyt. Members of both parties expressed concern that sports fans must navigate a fragmented and costly media landscape to access games. Much of the questioning centered on the migration of sports, in particular NFL games, to streaming platforms and away from free TV. Questions were raised about the need to amend the Sports Broadcasting Act, which gives professional sports leagues an antitrust exemption to negotiate contracts on behalf of all league teams for the broadcast of their games. More information on the hearing, including video and testimony, can be found here.
Representatives of the National Association of Broadcasters met with FCC staff last week on AM service improvements, filing a summary of their discussions of proposed rule changes. The NAB proposed elimination of the minimum efficiency standards that prevent AM stations from choosing antennas that could expand their service area and allow them to locate on smaller, less expensive transmitter sites. The NAB also proposed eliminating rules complicating AM stations’ access to the expanded band (1605-1705 kHz) and asked that the FCC consider opening a filing window for applications for new stations in that band. The NAB cited AM stations’ vital public safety role as the reason to adopt these changes.
Senators Cruz (R-TX) and Wyden (D-OR) introduced the Justice Against Weaponized Bureaucratic Overreach to Networked Expression (JAWBONE) Act, which is aimed at preventing “jawboning” (government actions pressuring companies to censor speech protected by the First Amendment). The bill allows individuals or companies adversely affected by the jawboning to sue any government agency or government employee that improperly exerts pressure on social media, AI, or broadcasting companies, regardless of whether the jawboning succeeds in blocking speech. The bill also requires that governmental agencies publicly disclose certain communications with these media companies to identify jawboning. Senator Wyden stated that “nearly all of Americans’ speech—including TV news, online streams, and social media—flows through private corporations that are highly susceptible to government pressure, and “regular Americans can’t count on those companies to stand up to government jawboning, they need a way to level the playing field.” More information on the JAWBONE Act can be found here.
FCC Chairman Carr responded to a letter from Democratic Congressional representatives Pallone (NJ), Clarke (NY), and Matsui (CA) seeking information regarding the FCC’s alleged recent efforts to chill speech of those critical of the Trump Administration. The Congress members cited the FCC Media Bureau’s Order that Disney file its license renewals early for its ABC TV stations (see our note here), the Media Bureau’s reversal of longstanding FCC policy exempting daytime and late-night talk shows from the political equal time rule (see our note here), and the FCC’s investigations of James Talarico’s appearances on ABC’s “The View” (see our note here) and CBS’ “The Late Show with Stephen Colbert.” Carr responded that the news media has mischaracterized these recent actions, which Carr stated were instead legitimate exercises of the FCC’s authority to examine whether broadcasters were fulfilling their public interest obligations. As for Disney’s early renewals, Carr stated that early renewals were a long-established FCC practice, and the Media Bureau has called in other broadcasters’ renewals early (including Bridge News, whose renewals were requested at the same time as those of Disney) and recently concluded that a short-term renewal was appropriate for a station’s continued violations of its Online Public Inspection File (OPIF) obligations after entering into a Consent Decree for those rule violations (as we noted here). Carr said that the Disney early renewals resulted from an investigation of EEO practices rather than content-based questions. Carr also defended the Media Bureau’s updated guidance on the equal time rule, stating that the FCC could not ignore the statutory obligation that broadcasters provide equal time to opposing candidates. Carr contrasted these actions with what he alleged were political actions by the FCC under the Biden Administration, which he said included pressuring cable providers to drop right-wing news outlets, blocking the sale of broadcast stations for political reasons, and refusing to renew broadcast licenses.
Chairman Carr also released a statement regarding the FCC’s efforts in supporting the 2026 FIFA World Cup. Carr stated that it was the FCC’s “priority number one” to “ensure the radio spectrum requirements essential to the World Cup,” including for broadcast operations, “are fully supported.” Carr stated that “the FCC has deployed a networked constellation of advanced spectrum sensors across all U.S. venues to conduct remote spectrum monitoring and help identify harmful interference.”
The FCC released a Small Entity Compliance Guide providing broadcasters with guidelines on disclosing if they are owned or controlled by a “foreign adversary.” In January, the FCC released a Report and Order requiring all broadcast licensees and permittees to file a certification with the FCC stating if they are owned or controlled by a “foreign adversary”—which the FCC defines as the Peoples’ Republic of China, Cuba, Iran, North Korea, Russia, and Venezuela (if related to ousted politician Nicolás Maduro). Entities certifying yes will need to disclose all foreign adversary ownership interests (including interests held by their citizens or companies organized under their laws) of 10% or greater and describe the nature of the foreign adversary’s control. Once the FCC launches the new reporting database, broadcasters will follow different reporting schedules based on their size (larger broadcasters must report more often), and the first filings will be due 60 days (120 days for smaller entities) after the database launches. The FCC may revoke authorizations if an entity fails to file the certification or fails to timely correct deficient certifications.
The Media Bureau released a Notice of Proposed Rulemaking proposing to delete vacant Channel 288A at Selmer, Tennessee from the Table of FM Allotments because the allotment is short spaced by 9 kilometers to another FM station and is vacant after the license of a station that operated on the channel was cancelled. The Bureau noted that there were no alternate channels available at Selmer to alleviate the short-spacing. Comments and reply comments responding to the NPRM are due July 24 and August 10, respectively.
The Media Bureau and Office of Managing Director issued Orders to Pay or to Show Cause against two Texas FM stations 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 first station has an unpaid regulatory fee debt totaling $2,856.43 for fiscal years 2021 and 2022, and the second station has an unpaid regulatory fee debt totaling $1,849.58 for fiscal years 2020 and 2021.

June 1, 2026 to June 5, 2026

The FCC released a draft Report and Order and Further Notice of Proposed Rulemaking which, if adopted at its June 25 Open Meeting, would modernize the Emergency Alert System (EAS). The draft Report and Order seeks to improve EAS cybersecurity by requiring EAS Participants, including broadcasters, to take certain actions to secure their EAS equipment, studio transmitter links, and any remotely managed equipment used for routing, processing, or inserting content into their programming streams. These actions include: before operations, EAS Participants must change all default passwords, use strong passwords, and change passwords if an EAS Participant believes that the password has been comprised; test and install security patches and security-related software and firmware upgrades promptly after those patches or upgrades are available; and use a network firewall or comparable network segmentation practice to limit remote access to authorized devices and users. If adopted at the June meeting, EAS Participants must comply with these new requirements within 60 days after the new rules’ publication in the Federal Register. The draft FNPRM proposes to improve EAS’s integrity by requiring authentication of all EAS alerts before being transmitted, and allowing EAS Participants to use software-based EAS encoder/decoder technology instead of a dedicated EAS hardware device to process EAS alerts. The draft FNPRM also seeks comment on requiring EAS alerts to display symbols for the emergency type, whether to adopt universal EAS alert message identification requirements, and how to improve geo-targeted EAS alerts’ accuracy.
The U.S. Supreme Court upheld the FCC’s authority to issue monetary penalties against regulated entities for FCC rule violations. Last year, the FCC appealed to the Supreme Court the decision of the U.S. Court of Appeals for the Fifth Circuit overturning a $57 million FCC-imposed fine on AT&T for failing to protect some of its mobile phone users’ location data. The Fifth Circuit had found that the fine violated AT&T’s Seventh Amendment right to a jury trial, relying on a ruling by the Supreme Court in the Jarkesy case, where the Supreme Court held, in connection with fines imposed by the Securities and Exchange Commission, that federal agencies cannot issue fines that are analogous to penalties at common law without providing the right to a jury trial to those accused of the violation. Following the AT&T decision, the U.S. Courts of Appeals for the D.C. Circuit and Second Circuit issued separate decisions reaching the opposite conclusion – upholding FCC fines imposed on T-Mobile and Verizon for similar violations, finding that the Jarkesy precedent did not apply as FCC fines were not self-executing – they could be collected only after the U.S. Department of Justice sued the offender in federal court, where the issues could be relitigated with a jury. These conflicting decisions created a “circuit split” that provided grounds for the Supreme Court to consider the issue. The Supreme Court’s decision last week found that, as FCC decisions were not binding unless and until the DOJ sued to collect them, and as the FCC could not penalize a party for not paying a fine until the DOJ prevailed in a Court action where all of the issues that led to the fine could be litigated with no presumption that the FCC’s decision was correct, FCC fines were different than those in Jarkesy. In particular, the Court noted that the SEC alone made the ultimate determination of the facts and law about any violation and could, after imposing a penalty, immediately take collection actions against the violator’s assets. Unlike with FCC fines, no Court action was necessary before the SEC could collect the fines it imposed. We will write more on our Broadcast Law Blog later this week about this decision and considerations for broadcasters in assessing its impact on their dealing with FCC-imposed fines.
The U.S. House Communications and Technology Subcommittee held a hearing tilted “Where are We?: Examining Positioning, Navigation, and Timing Capabilities in the United States.” The hearing focused on several issues including Global Positioning System (GPS) vulnerabilities and the need for Positioning, Navigation, and Timing (PNT) resiliency, and the status of the Broadcast Positioning System (BPS). At the hearing Subcommittee Chairman Hudson (R-NC) referenced the FCC’s March 2025 Notice of Inquiry exploring how the FCC can support industry efforts to develop new PNT technologies, including the BPS provided by TV stations operating with the ATSC 3.0 transmission standard. The hearing memo is available here, and further information on the hearing, including video and testimony, is available here.
The FCC’s Media Bureau entered into a Consent Decree with two Texas FM translators to resolve its investigation into their compliance with the FCC’s rules. The Bureau found that the translators were not rebroadcasting their designated primary stations and were impermissibly originating programming. The Bureau also found that the translators’ ownership changed without prior FCC approval and were controlled by a Mexican citizen for a period of time without FCC approval. The Bureau further found that one of the translators was not operating with authorized equipment, was off the air or operated at reduced power for about 6 months, and its licensee failed to respond adequately to interference complaints against the translator. The Consent Decree requires that the licensee make a $50,000 voluntary contribution to the U.S. Treasury and enter into a compliance plan to ensure compliance with the FCC’s rules.

On our Broadcast Law Blog, we discussed the eligibility requirements and the application limits for the upcoming NCE FM translator filing window later this year.

May 25, 2026 to May 29, 2026

The FCC’s Media Bureau released a Public Notice reminding broadcasters that new foreign government sponsored programming identification requirements take effect on June 7. The FCC released a Report and Order in June 2024 providing broadcasters with standardized certification language to document their already required determinations of whether those who “lease” program time on their stations are foreign governments or their agents. The Public Notice confirms that this standardized certification language must be used for any new program contracts or renewals of existing agreements after that date. The June 2024 Order also required that broadcasters verify whether sponsors of ads that are not for commercial products or services are foreign governments or their agents unless those ads come from political candidates whose ads cannot be censored (see our articles here, here, and here). This would include issue ads and paid PSAs. The Bureau suspended compliance with this aspect of the 2024 decision for 2 years or until further notice so the FCC can review the public benefits of extending the rules to these ads. But the Bureau stated that, if a station has actual knowledge that such an ad was provided by a foreign governmental entity, then the enhanced sponsorship identification and online public file obligations required for any program sponsored by a foreign government or its agents are required. See the article on our Broadcast Law Blog for more on this week’s Public Notice.
The Media Bureau released a Public Notice reminding broadcasters of their public interest obligations. The Bureau stated that broadcasters are public trustees of radio spectrum and must provide programming responsive to the needs and interest of their local communities, and that it can take appropriate action against broadcasters who fail to serve the public interest – including by enforcement action, granting a renewal application with conditions and/or on a short-term basis, requiring stations to file early renewals, or designating an application for hearing. The Notice stated that the FCC will engage in a “robust review” of applications to ensure broadcasters’ compliance with their public interest obligations and encouraged broadcasters to review and modify their operations to ensure compliance with FCC rules and policies. The Notice concluded that the FCC would exercise its authority to ensure that broadcasters either fulfill their public interest obligations or it will “provide the privilege of being a broadcast licensee to someone else that will fulfill that duty.” While no new rules or policies were outlined in this Notice, the release of this Notice one year before the next license renewal cycle begins, and soon after the FCC called for early license renewals from a number of stations, suggests that broadcasters need to heed this warning.
- The FCC issued Public Notices concerning the license renewal applications from Bridge News and Disney ABC, which the FCC had ordered to be filed early. These notices discuss the FCC’s next steps in processing those applications. As we noted last week, Bridge News has asked for reconsideration of the order requiring the early renewals, arguing that the order was not justified by prior FCC precedent. In the Disney ABC renewal applications, it stated that the applications were filed “under protest” as the call for an early renewal was not supported by FCC precedent and raised many other legal concerns.
The Media Bureau released a Public Notice announcing the adoption of an application limit and eligibility restrictions for the upcoming noncommercial reserved band filing window. In February, the FCC released a Public Notice announcing its plans to open a filing window in 2026 for new noncommercial FM translator stations in the reserved band (Channels 201-220 – 88.1 through 91.9 MHz) and proposing an application limit and eligibility restrictions (see our article here and note here). This week’s Public Notice confirmed that applicants must be the licensee or permittee of an existing noncommercial AM or FM station or an LPFM station that the proposed translator will rebroadcast. Applicants will be limited to 10 applications nationwide, except that Tribal LPFM applicants would be limited to 4 applications and all other LPFM applicants would be limited to 2 applications. The Bureau also imposed a 4-year holding period – meaning that any translator granted from this window cannot change its primary station or be assigned to an entity (except where both the primary station and the translator are sold together to a single buyer) until the translator has operated for 4 years.
The FCC’s Enforcement Bureau issued Notices of Violation against two commonly owned Illinois AM and FM stations after the Bureau’s inspection of its stations’ towers revealed FCC rule violations. The Bureau found that the FM station’s tower was not equipped with the required white obstruction lighting and the station failed to update the FCC regarding the tower’s ownership. The Bureau also found that the paint on AM station’s tower was faded and lacked the required lighting and the station failed to register the structure with the FCC. The stations must now explain to the Bureau how they will correct their violations and prevent future violations from occurring. Based on the stations’ responses, the Bureau will consider whether these stations will be subject to penalties for their alleged violations.

On our Broadcast Law Blog, we took a look at the June regulatory dates and deadlines affecting broadcasters including annual EEO public file reports in several states, comment dates in a number of FCC proceedings (including on annual regulatory fees, auction rules for an upcoming FM auction, modification of the TV audible crawl rule, and TV parental ratings systems) – plus the opening of a number of Lowest Unit Charge windows for primary elections in July and August.

May 18, 2026 to May 22, 2026

The language of the AM Radio for Every Vehicle Act, which would mandate the inclusion of AM radios in all cars sold in the United States, has been added by the House Committee on Energy and Commerce to the pending surface transportation reauthorization legislation. Attaching the bill on AM radio to the larger legislation reauthorizing funds for surface transportation increases the chances that the AM radio mandate could pass Congress this year. The NAB issued a statement applauding the action as essential for public safety, while the CEO of the Consumer Technology Association posted on X his opposition saying that the mandate would raise the cost of cars and stifle innovation. We wrote more about the provisions of AM bill on our Broadcast Law Blog, here and here.
The FCC’s Media Bureau provided guidelines for processing broadcast applications filed while a “remedial foreign ownership petition” is pending. 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 more than 25% in a U.S. entity directly or indirectly controlling an FCC licensee. When a broadcast company, through no fault of its own, exceeds the 25% limit, the FCC provides broadcasters with a safe harbor to avoid enforcement penalties by allowing them to either remedy their foreign ownership noncompliance (by, for instance, redeeming the foreign ownership interest) or to seek retroactive FCC approval of the foreign interest through a “remedial petition.” While a remedial petition is pending, under the new guidelines, applications related to a station’s ongoing operations (including STA requests and minor modification applications) will generally be processed as normal. Applications for transfers of control and assignments of license will also be processed but any grant may be conditioned on, for instance, minimizing the unapproved foreign interest holder’s involvement in the stations while the petition is pending. The Bureau generally will not process applications for new broadcast authorizations (including applications for a new station, licenses to cover competed construction permits, and license renewals) until the petition has been granted. For more on the background of this action, and on what it does and does not cover, see this article on our Broadcast Law Blog.
The Media Bureau announced that comments and reply comments are due June 22 and July 6, respectively, on Disney/ABC’s Petition for Declaratory Ruling concerning the status of “The View” as a bona fide news interview program exempt from the FCC’s equal opportunity rules. As we noted here, Disney/ABC contended that it was unprecedented for the Bureau to order a licensee to file a Petition for Declaratory Ruling, particularly as ABC received a ruling from Bureau in 2002 that “The View” was exempt from the equal time rules. Disney/ABC also questioned the validity of the Bureau’s January Public Notice (which we discussed here), contending that the Bureau cannot change 40 years of FCC precedent holding that, even without an explicit FCC declaratory ruling, regularly scheduled interview programs controlled by a licensee and regularly featuring newsmakers are exempt from the equal time rules. The Bureau seeks comment on several matters, including whether “The View” qualifies as a bona fide news interview program and whether its programming decisions are politically motivated, and the broader question as to whether the equal opportunity rules can still be applied consistent with First Amendment principles.
The U.S. Court of Appeals for the D.C. Circuit ordered the FCC to respond within 30 days to a petition for writ of mandamus asking that the Court order the FCC to act on a November 2025 petition seeking repeal of the FCC’s news distortion policy its petition because, it is argued, it has become apparent that FCC Chairman Carr does not intend to act on it. The November petition, as we noted here, was filed by a number of former FCC chairs, commissioners, staff, and public interest groups, arguing that the policy should be repealed as being inconsistent with the First Amendment both because the FCC appears to be using it to suppress viewpoints critical of President Trump (see our note here) and because, more broadly, the policy cannot be applied without embroiling the FCC in prohibited content-based decision making.
The licensee of numerous Class A, LPTV, and TV translator stations filed a petition for reconsideration of the Media Bureau’s April Order requiring it to file by May 27 license renewal applications for all of its stations – years before those applications would ordinarily be due. The FCC, after an investigation of whether the licensee had engaged in an unauthorized transfer of control, claimed that the early renewals were needed because “additional actions” were warranted so it could assess whether the licensee was operating in the public interest. The licensee, it its Petition for Reconsideration, made several arguments including that no “additional actions” were needed as the Bureau had the information to resolve the issue as the purported unauthorized changes in ownership were simply a clerical error in some FCC filings that the licensee itself had brought to the FCC’s attention and corrected; that even had an unauthorized transfer occurred, FCC policy was that a fine should be the only penalty (which it was prepared to pay as part of a consent decree being negotiated with the Media Bureau when the Order demanding the early renewals was released); that FCC precedent makes clear that demanding early renewals requires a “compelling reason” and cannot be invoked except when there is no other way to assess a licensee’s conduct (not necessary here as the licensee’s purported misconduct had already been investigated, admitted, and explained); and that the Media Bureau did not have the power to require this early filing (only the full Commission could take this extraordinary action).
The FCC announced that June 18 is the effective date of its March Report and Order updating and clarifying several broadcast rules. These changes include conforming rules to current licensing systems (including replacing outdated CDBS application form references with those currently used in LMS); eliminating outdated and obsolete requirements (including post-incentive auction digital transition notification requirements; the rule requiring a 20% increase in AM station power for processing a power increase application, and the rule restricting Special Temporary Authorizations for technical and equipment problems to 90 days when other STAs can be granted for up to 180 days); modifying its application signatory rules to allow corporate directors and duly authorized employees of corporations, partnerships, unincorporated associations, or government entities to certify applications; and revising several broadcast rules for clarity (including clarifying when stations’ local public notice obligations are triggered for their applications).
The FCC released a Report and Order streamlining Disaster Information Reporting System (DIRS) filing obligations, which are voluntary for broadcasters. While under FCC Chairwoman Rosenworcel, the FCC proposed requiring TV and radio stations to report their operating status during disasters in the FCC’s DIRS database (see our note here), the Order does not require broadcasters to file DIRS reports. The FCC instead adopted a “one-click” filing option to reduce all DIRS participants’ filing burdens.
The Media Bureau entered into a Consent Decree with the licensee of a Pennsylvania TV station to resolve questions raised by its pending license renewal application. The issues centered on the station’s Online Public Inspection File (OPIF). The Bureau found that 12 Quarterly Issues/Programs Lists, 14 Commercial Limits Certifications (certifying as to compliance with the limits on commercials in children’s programming), and 11 Children’s Television Programming Reports were missing from the station’s OPIF or were uploaded late, and these issues were not accurately disclosed in the renewal application. The Consent Decree requires the licensee make a $41,000 voluntary contribution to the U.S. Treasury.
The Media Bureau affirmed its previous dismissal of an application for a new Connecticut LPFM station because it proposed an operation on 87.7 MHz, which is not in the FM band and is not listed in the rules among the channels available for LPFM operation. 7 MHz is instead part of TV Channel 6. The applicant sought a waiver, pointing to the lack of other frequencies for LPFM use in its area, and the fact that other FM uses of this frequency and 87.9 had been authorized by the FCC. The Bureau rejected the waiver concluding that the use of these channels by LPFM stations is more appropriately addressed in a rulemaking where policy issues and appropriate limits on such use can be evaluated, rather than by a waiver in connection with an individual application.

May 11, 2026 to May 15, 2026

The FCC announced that it will hold Auction 114, beginning on February 2, 2027, making available 132 channels on which new FM stations can be built. This includes 33 construction permits that were offered but not sold in prior auctions. The FCC’s Office of Economics and Analytics (OEA) released a Public Notice proposing procedures for the auction. The OEA seeks comment on its proposed procedures including the auction timeline, minimum bid amounts, bidding eligibility, and default payments. A list of the vacant FM allotments to be offered for sale in Auction 114 can be found here. Comments and reply comments responding to the OEA’s Public Notice are due June 9 and June 24, respectively. For more on Auction 114, see our discussion on our Broadcast Law Blog here.
- To allow Auction 114 to occur, the FCC’s Media Bureau also released a Public Notice announcing a filing freeze on applications proposing modifications to any of the vacant FM allotments included in the auction. The Bureau states that the freeze, which began on May 11, will continue until the day after the post-Auction 114 long-form construction permit applications are due.
The FCC announced that comments and reply comments are due June 15 and June 29, respectively, responding to its Notice of Proposed Rulemaking proposing to amend the Audible Crawl Rule, which requires TV broadcasters to provide an audio description of visual, nontextual emergency information (radar maps or other graphics) displayed during non-newscast programming on a secondary audio stream (the SAP Channel). The FCC proposes dropping the requirement if a station provides a textual crawl on screen with the same information as in the visual image and if audio of the text is aired on the SAP Channel (as already required for such textual alerts).
State broadcast associations representing broadcasters in all 50 states plus those in DC and Puerto Rico issued a resolution asking that Congress reexamine the Sports Broadcasting Act of 1961 to determine if the antitrust exemptions provided to sports leagues to negotiate collectively for rights to telecast their games still made sense given the radical change in the television marketplace and the migration of many sports to streaming and other pay services. The NAB applauded that call for Congressional review. These actions appear to be related to the recent FCC proceeding to review sports broadcasting and its relationship to the FCC’s obligation to regulate broadcasting in the public interest (see our article here).
FCC Commissioner Gomez sent a letter to Disney/ABC regarding the FCC’s recent investigations of the company for alleged violations of the FCC’s rules. Gomez asserts that the investigations were politically motivated attempts to put pressure on Disney to dictate its programming choices, which violated the company’s First Amendment right citing, among other things, that the FCC pursued investigating Disney on alleged equal time issues while ignoring other broadcasters’ activities subject to the same rule because the FCC was seeking protecting speech that it favors while punishing speech it opposes. Gomez also claims that the Media Bureau’s January Public Notice (see our discussion here), which changed the common interpretation of a fundamental principle of political broadcasting law for the last thirty years that the “news interview” exception from the equal time rules was to be interpreted broadly, was issued specifically to create new exposure for broadcasters that the FCC wanted to target.
The FCC’s Office of Engineering and Technology and the Media Bureau announced the release of Version 2.3.1 of TVStudy, which broadcasters use to perform TV station coverage and interference analysis for allotment petitions and modification applications. More information on the changes can be found here.
The FCC announced that comments are due July 13 in response to the following radio station community of license change proposals: WJZA(AM), from Hapeville, Georgia, to North Decatur, Georgia; WNJE(AM), from Trenton, New Jersey, to Jobstown, New Jersey; WKTQ(FM), from Oakland, Maryland, to Chalkhill, Pennsylvania; KDFM(FM), from Falfurrias, Texas, to Premont, Texas; WKBC-FM, from North Wilkesboro, North Carolina, to Stony Point, North Carolina; and WWZG(FM), from Tompkinsville, Kentucky, to Park City, Kentucky.
The FCC’s Enforcement Bureau issued Notices of Violation against four Texas and Illinois LPFM and FM translator stations after the Bureau’s inspection of their stations revealed FCC rule violations. The Bureau found a Texas FM translator failed to rebroadcast its designated primary station and failed to file a modification application to change its antenna. A Texas FM translator and a Texas LPFM station were cited for failing to notify the FCC that they were silent after their equipment was removed from their transmitter sites. An Illinois LPFM station was found to be operating at a location not authorized by its license, as was its studio transmitter link. The stations must now explain to the Bureau how they will correct their rule violations and prevent future violations from occurring and, based on their responses, it will consider whether these stations will be subject to penalties for their alleged violations.
The FCC submitted its 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 U.S.-based foreign media outlets to register with the FCC. These are entities that produce or distribute video programming transmitted, or intended for transmission, by multichannel video programming distributors in the United States and are agents of a foreign entity or government. Under the NDAA, the FCC must update Congress every six months with a list of the U.S.-based foreign media outlets that registered with the FCC between October 12, 2025 and April 11, 2026. As was the case with many past reports, the report stated that no foreign-based media outlets registered with the FCC.
The Media Bureau released an Order deleting vacant FM Channel 277C at Freeport, Texas from the FM Allotments Table because the allotment did not comply with the FCC’s minimum distance separation requirements. The Bureau deleted the allotment after a staff engineering analysis determined that the vacant FM channel was short-spaced by 182 kilometers to vacant Channel 277C2 at Wharton, Texas, and there were no alternate channels available to resolve the short-spacing conflict.

May 4, 2026 to May 8, 2026

Disney/ABC filed a Petition for Declaratory Ruling, at the order of the FCC’s Media Bureau, concerning the status of “The View” as a bona fide news interview program exempt from the FCC’s equal opportunity rules. ABC contended that it was unprecedented for the Bureau to order a licensee to file a Petition for Declaratory Ruling, particularly as ABC received such a ruling from Bureau in 2002 concluding that the View is a bona fide news interview program. As that 2002 ruling has never been modified or repealed, any new petition is unnecessary. ABC’s petition also questions the validity of the Media Bureau’s January Public Notice (which we wrote about on our Broadcast Law Blog here), contending that the Bureau cannot change 40 years of prior FCC precedent that programs are exempt from the equal time rules as bona fide news interview programs exempt from equal time even without an explicit FCC declaratory ruling when, like “The View,” they are regularly scheduled and controlled by the program’s producers and where candidate appearances are chosen based on newsworthiness and not to benefit particular candidates. Citing the FCC’s investigation of whether the February appearance of Democratic Texas Senatorial candidate James Talarico on the “The View” violated the equal time rules (see our note here), ABC also argues that any attempt by the FCC to find that the appearance was contrary to the rules would violate the First Amendment, and that such an action would be prohibited viewpoint discrimination based on the perceived political viewpoints expressed on the program, noting that no similar investigation has been taken against radio stations in Texas who had Republican candidates on the air before the recent Texas primaries.
FCC Commissioner Gomez called on the FCC to conduct a full review of the foreign ownership interests involved in the proposed Paramount-Warner Bros. Discovery merger. Gomez stated that Paramount’s recent petition to exceed the Communications Act’s foreign ownership limits set out in Section 310(b) (see our note here) raised concerns about the involvement of wealth funds run by foreign governments which have “documented records of press suppression and a troubling willingness to silence journalists.” Absent FCC approval, Section 310(b) prohibits foreign entities, individuals, and governments from holding ownership interests of more than 20% in an FCC licensee and more than 25% in a U.S. entity directly or indirectly controlling an FCC licensee. Gomez asked the FCC to initiate a rigorous review of Paramount’s foreign interests by releasing all related investment agreements, allowing public comment, and coordinating with national security agencies—including CFIUS and the DOJ National Security Division—before ruling on the merger. Gomez noted that multiple members of Congress have also requested that the FCC closely scrutinize Paramount’s proposed foreign interests before any action.
FCC Chairman Car responded to a letter from Senators Cruz (R-TX) and Cantwell (D-WA) expressing their concerns about the FCC delegating the approval of the Nexstar-TEGNA merger to the Media Bureau (see our note here), writing that the Media Bureau had full authority to approve the transaction. He noted that the Bureau had previously approved similarly sized mergers, and that it had the authority to waive the national TV ownership cap. Carr also stated that the Bureau’s decision was not a final agency action and that parties have already petitioned the full Commission for review of the Bureau’s decision.
- In another ownership decision, the Media Bureau granted the assignments of several TV stations from SagamoreHill and Block Communications to Gray Media, resulting Gray owning 2 full-power TV stations in the Columbus, GA-Opelika, AL DMA and 3 full-power TV stations in the Lubbock, TX and Louisville, KY DMAs. As with its recent approvals of similar TV station assignments (see our notes here, here, here, and here), the Bureau rejected claims that the applicants had to show that the public interest justified owning two stations in a market as no special showing is needed after the U.S. Court of Appeals for the Eighth Circuit vacated the restriction on owning two top-4 stations in any market (see our article here). The Bureau waived the Local TV Ownership Rule to allow Gray to own 3 stations in the Lubbock and Louisville DMAs finding successful independent ownership of the third stations was unlikely given their low ratings and revenue, and Gray’s common ownership of multiple stations in each market would enhance those stations’ local programming offerings. The Bureau also found that other arguments about the harms from the proposed assignments were speculative.
The Media and Wireless Telecommunications Bureaus jointly announced the designated Broadcast Auxiliary Service frequency coordinator for the 2026 FIFA World Cup this summer. Frequency coordination periods at each World Cup venue will cover a 5-kilometer radius around the venue and will start 5 days before a venue’s initial match, ending one day after the venue’s last match. The Bureaus will permit low-power auxiliary stations to operate near the venues at power levels not exceeding 1 watt, on TV channels at least 40 kilometers from a TV station on that channel. These actions are like those adopted for other major events such as national political conventions, presidential inaugurations, the Olympic Games, and the 2025 FIFA Club World Cup.

On our Broadcast Law Blog, we discussed the impact of the U.S. Department of Justice’s decision to move medical marijuana from Schedule I to Schedule III on broadcaster ability to advertise marijuana products.

April 27, 2026 to May 1, 2026

The FCC released a Notice of Proposed Rulemaking proposing its fiscal year 2026 regulatory fees for its regulated entities, including broadcast stations. The FCC proposes to continue to calculate full-power TV station fees using its population-based methodology and proposes a TV station fee factor of $0.006957 per population served—about a 4.2% increase from fiscal year 2025 ($0.006674). The FCC proposes similar increases in full-power radio station fees, but proposes decreased fees for LPTV, Class A, TV/FM translators, FM boosters, and earth stations (transmit/receive and transmit only). Comments and reply comments responding to the NPRM are due May 28 and June 12, respectively.
The FCC’s Media Bureau ordered Disney to file its ABC TV stations’ license renewal applications by May 28—years before its stations’ current license expiration dates. While the FCC rules allow the Commission to order a broadcast station to file its license renewal early if review of the renewal application is “essential” to the investigation, the process has not been used in many decades. The Bureau stated that while Disney responded to the FCC’s inquiries during its investigation of its stations’ possible violations of anti-DEI policies, “additional actions are appropriate” to continue its investigation and to decide if Disney was meeting its public interest obligations. At the press conference following last week’s regular monthly FCC Open Meeting, Carr said that Disney’s renewals were called in early after the FCC found that Disney’s DEI inquiry responses were insufficient, and the decision was not related to Jimmy Kimmel’s monologue last week (see note below). Commissioner Gomez called the decision “the most egregious action this FCC has taken in violation of the First Amendment.” The NAB issued a statement calling for the FCC to use its regular enforcement processes if it believes that there was a violation of its rules rather than taking this “nearly unprecedented” action that creates uncertainty and instability for the broadcast industry. According to one publication, even Senator Cruz (R-Texas) condemned the action, claiming that the FCC should not be acting as the “speech police.”
- The Bureau also ordered the licensee of numerous Class A, LPTV, and TV translator stations to file its renewals by May 27. The Bureau stated that while the licensee responded to the FCC’s inquiries in an investigation of possible unauthorized transfers of control, the renewals were ordered to be filed early because the FCC believed that “additional actions” by the FCC were warranted so it can conduct its inquiry and assess whether the licensee was operating in the public interest.
- In a third case, the Media Bureau issued a one-year short-term renewal modifying its April 1 order adopting a Consent Decree with a Mississippi AM station. The Consent Decree had been entered into to resolve FCC rule violations revealed during the Bureau’s review of the station’s license renewal – including its failure to upload Quarterly Issues/Programs Lists to its Online Public Inspection File (OPIF). While the Consent Decree planned to grant the station’s renewal for a full 8-year term after it paid a $1,000 voluntary contribution to the U.S. Treasury, the grant was conditioned on there being no other issues preventing that grant. But the Bureau learned that the station failed to upload its Q1 2026 Issues/Programs List to its OPIF by the April 10 deadline, only 10 days after the approval of the Consent Decree, which had been premised on the station’s future adherence to the rules. Given this new violation so soon after licensee had pledged compliance, the Bureau concluded that a one-year renewal was appropriate.
National Religious Broadcasters filed a complaint with the FCC against Disney requesting that the FCC investigate and sanction Disney for the broadcast of ABC late night host Jimmy Kimmel’s monologue aired before the White House Correspondents’ Dinner (where a gunman allegedly attempted to assassinate President Trump). Kimmel had said: “Our first lady, Melania, is here. Look at Melania, so beautiful. Mrs. Trump, you have the glow of an expectant widow.” NRB argues that Kimmel’s statement could have been an incitement of violence against the President and was thus not protected by the First Amendment. However, after filing this complaint, the NRB released a second statement expressing its concern about the accelerated Disney renewals, stating that selective enforcement undermines confidence in the system and the clarity and consistency that all broadcasters, including religious broadcasters, need to carry on their operations.
The FCC released a Notice of Proposed Rulemaking proposing to amend the Audible Crawl Rule, which requires TV broadcasters to provide an audio description of visual, nontextual emergency information (radar maps or other graphics) displayed during non-newscast programming on a secondary audio stream (the SAP Channel). The FCC proposes dropping the requirement if a station provides a textual crawl on screen with the same information as in the visual image and if the text is aired on the SAP Channel’s audio (as already required for such textual alerts).
A number of former FCC chairs, commissioners, staff, and public interest groups jointly filed a petition for writ of mandamus with the U.S. Court of Appeals for the D.C. Circuit asking the Court to compel the FCC to act on their November 2025 petition seeking repeal of the FCC’s news distortion policy because the FCC improperly used it to suppress viewpoints critical of President Trump in violation of broadcasters’ First Amendment rights (see our note here). The petitioners claim that FCC Chairman Carr’s post on X stating “How about no” in response to the proposed repeal shows that the FCC refuses to act on the petition. While mandamus petitions are rarely granted and usually require an extraordinary delay in an agency’s action before a court will intervene, the Petitioners argue that this policy may be used to suppress political speech before the upcoming mid-term elections, thus requiring quick action.
The FCC released a draft Third Report and Order, which if adopted at its May 20 Open Meeting, would streamline Disaster Information Reporting System (DIRS) filing obligations, which are voluntary for broadcasters. Under FCC Chairwoman Rosenworcel, the FCC proposed requiring TV and radio stations to report their operating status during disasters in the FCC’s DIRS database (see our note here). The draft Order does not require broadcasters to file DIRS reports. It does adopt a “one-click” filing option to reduce filing burdens of voluntary DIRS participants including broadcasters.
The Media Bureau announced that comments and reply comments are due May 27 and June 11, respectively, on Paramount’s petition to exceed the foreign ownership limits of Section 310(b) of the Communications Act – which, absent FCC approval, prohibits foreign entities, individuals, and governments from holding ownership interests of more than 20% in an FCC licensee and more than 25% in a U.S. entity directly or indirectly controlling an FCC licensee. Paramount seeks approval for existing and future foreign investors to hold indirect interests in the company above the 25% statutory benchmark, specific investors from Saudi Arabia, the United Arab Emirates, and Qatar to hold indirect interests more than 5%, and non-controlling future foreign investors to hold indirect interests up to 20%. Paramount states that granting its petition would increase the company’s access to capital, allowing it to compete more effectively and improve its investments in local news and journalism.
The Media Bureau granted Scripps/ION Television and Gray Media’s assignment applications proposing to swap several full-power TV, LPTV, and TV translator stations to reduce their national audience reach under the national TV ownership cap and to 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. The Bureau also granted the assignment of Allen Media’s TV stations to Gray in the Huntsville-Decatur (Florence), AL; Paducah-Cape Girardeau-Harrisburg, MS-IL; Evansville, IN; Lafayette, LA; Rockford, IL; Fort Wayne, IN; and Montgomery-Selma, AL DMAs, resulting in Gray owning two or more TV stations in each market. DIRECTV and several cable and satellite associations argued that, although these applications complied with the Local Television Ownership Rule, the applicants still had to address the transactions’ public interest benefits and harms. Citing its recent approvals of TV station assignment applications where similar arguments were raised (see our notes here, here, and here), the Bureau again found that a special public interest showing was not needed after the U.S. Court of Appeals for the Eighth Circuit vacated the top-4 restriction (see our article here) and that additional arguments about the transactions’ harms were speculative.
The Media Bureau denied (see here and here) requests to reinstate two new Alabama LPFM stations’ construction permit applications to correct their clerical errors causing their dismissals for violating the FCC’s LPFM application requirements. The Bureau dismissed the applications because one violated the LPFM localism requirements by proposing a transmitter site 560 miles off the North Carolina coast, and the other one violated the LPFM minimum distance separation requirements by proposing the wrong channel. The Bureau affirmed the applications’ dismissals, noting that the FCC’s policies prohibit LPFM applicants from filing curative amendments to correct such clerical errors.

April 20, 2026 to April 24, 2026

The FCC’s Media Bureau released a Public Notice requesting comment on the TV Parental Guidelines ratings system. In 1996, Congress determined that parents should be informed about the nature of TV programming and be able to block programming they believe is harmful to their children. TV industry representatives created the TV Parental Guidelines age ratings system, which is overseen by TV Oversight Management Board (TVOMB). In 2019, the FCC submitted a report to Congress on the status of the TV Parental Guidelines system, which included suggestions on increasing the system’s accuracy, accessibility, and transparency to the public, and increasing awareness of the TVOMB’s role. The Bureau seeks comments on various issues related to these Guidelines, including whether the industry has adopted the FCC’s 2019 suggestions, the TVOMB’s effectiveness in administering the system, and the public’s awareness and understanding of the system. Notably, the Bureau asks if changes are needed to include specific disclosures for shows with transgender and gender non-binary content. Comments and reply comments responding to the Public Notice are due May 22 and June 22, respectively.
The U.S. Department of Justice’s Drug Enforcement Administration announced the rescheduling of state-regulated medical marijuana products from Schedule I to Schedule III of the Controlled Substances Act. Schedule I drugs have no approved uses, while those on Schedule III can be distributed for medical purposes. The DEA’s order did not address how medical marijuana can be advertised, as Schedule III drugs are still “controlled substances” whose marketing is regulated. The DOJ also initiated an expedited administrative hearing process beginning June 29 to consider other changes to marijuana’s status under federal law. Last December, we discussed how even after the rescheduling to Schedule III, marijuana advertising could remain restricted under federal law. It is possible that the DOJ could address the legality of marijuana advertising in the upcoming June hearing.
At the NAB Show, FCC Commissioner Trusty made remarks regarding broadcasters and their public interest obligations. Trusty referenced a 1998 speech made by former FCC Chairman Powell in which Powell stated that he hoped for a visit from “the angel of the public interest,” someone who might appear and offer guidance on how to apply and follow that standard. Trusty noted that broadcasters’ public interest obligations were more than a set of discrete rules and instead were designed to bring out the very best in broadcasting. Trusty stated that she believed broadcasters could be their own “angels of the public interest” in delivering trusted information, connection, and service to their local communities, but to do so, the FCC must ensure that broadcasters can compete on a level playing field in today’s media marketplace. She also stated that the renewed emphasis under Chairman Carr on ensuring broadcasters meet their public interest obligations was a “reason for optimism” that broadcasters would meet these obligations – expressing that a “trust but verify” regime was more nimble in addressing issues than one that merely relies on blanket rules.
The Media Bureau granted an application for the assignment of a Scranton, Pennsylvania TV station to Sinclair, which required a waiver of the Local TV Ownership Rule, which limits a broadcaster to owning two TV stations in any market, to allow Sinclair to own 3 TV stations in the Wilkes-Barre-Scranton-Hazelton, PA Nielsen Designated Market Area (DMA). The Bureau found that granting the waiver was in the public interest because Sinclair’s acquisition of the station would expand local news and programming offerings in the DMA, and concluded that it was unlikely that an out-of-market competitor could operate the station as a standalone station due to the station’s diminished revenue prospects as the second to last ranked station in the DMA. The Bureau further found that Sinclair’s acquisition of the station would not harm competition in the market, but would instead bolster it through Sinclair’s expanded programming offerings enabled by the combined stations’ revenues.
The Media Bureau released a Report and Order updating the FM Table of Allotments by allotting Channel 265C3 at Enterprise, Utah, as the community’s second local service, and changing KXUT’s community of license from Channel 227C2, Page, Arizona, to Channel 226C1, Orderville, Utah, and changing KXQX’s community of license from Channel 223A, Tusayan, Arizona, to Channel 223C2, Big Water, Utah, both as first local services. The FCC will announce in the future when a filing window will open for applications to construct a new station on Channel 265C3 at Enterprise.
The Media Bureau and Office of Managing Director issued an Order to Pay or to Show Cause against the licensee of a current and a former Montana AM station and a former Montana FM translator station proposing to revoke its current station’s license unless, within 60 days, the licensee 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 licensee has an unpaid regulatory fee debt totaling $6,754.80 for fiscal years 2019, 2021, 2022, and 2023 for both its currently and formerly licensed stations.

April 13, 2026 to April 17, 2026

FCC Chairman Carr stated in a cable news interview that the FCC could investigate broadcasters and their on-air personalities for failing to disclose conflicts of interests motivating their program content choices, specifically addressing choices made by late-night TV hosts. Carr argued that such enforcement efforts are intended to create “more speech, not less” by providing more information regarding broadcasters’ motivations in selecting their programming. It is unclear what conflict of interest obligations for broadcasters Carr is referring to. Some have speculated that his reference is to the plugola rules, which require station employees to disclose their financial interests in commercial products or services that they promote on the air so that the public knows that the product is being pitched by someone who will financially benefit.
A Petition for Rulemaking was filed by a company called Landover Saturn 5 LLC asking that the FCC authorize it to conduct an incentive auction to clear the top 9 UHF TV channels and auction those channels to wireless users. The petition promises an auction that would proceed more quickly than the last incentive auction conducted by the FCC and would return $15 billion to the government after paying off broadcasters who voluntarily agreed to abandon their TV spectrum, with other proceeds to go to Landover Spectrum 5.
Reply comments were filed in response to the FCC Media Bureau’s Public Notice on the sports media marketplace. As we discussed here, the Bureau sought comment on matters including streaming platforms’ impact on broadcasters’ ability to obtain sports programming rights, sports broadcasting rights contract provisions, and the FCC’s authority to ensure wide public access to live sports. Broadcasters, the NAB, and other commenters argued that fragmentation of sports programming across broadcast, cable, and multiple streaming services creates confusion and increased costs for consumers. Broadcasters stated that the availability of free broadcast sports programming is important for low-income, rural, and elderly viewers, and viewers without high-speed broadband access, and that revenue from sports programming enables broadcasters to invest in local journalism. The Big Four broadcast network affiliate associations argued that the FCC has the authority to ensure that networks broadcast sports on their affiliates instead of routing it to their subscription streaming platforms and that local stations have the right to preempt network programming for local and regional sports content. Some commenters further urged the FCC to eliminate or relax the broadcast ownership rules to allow broadcasters to achieve the scale necessary to financially compete for rights to sports programming. Comments and reply comments filed in the proceeding can be found here.

Senator Tammy Baldwin (D-WI) introduced legislation that would require, among other things, that professional sports leagues make available a team’s games to all residents of the state in which the team plays, either on broadcast television or on an advertising supported, free streaming platform. See her Press Release for details and a link to the proposed legislation.

Opponents of Nexstar’s acquisition of TEGNA filed a reply pleading telling the FCC that it should grant their Application for Review asking the FCC reverse the Media Bureau’s approval of the acquisition (see our article here) or to designate the application for an evidentiary hearing to determine if it is in the public interest. The merger opponents—a satellite TV provider, a cable news channel, and several cable associations and public interest groups—attempted to refute Nexstar’s arguments that the Bureau’s conclusion that the merger would not cause public interest harms and its granting the waivers of the 39% national TV ownership cap and the duopoly rule (limiting ownership to 2 full-power TV stations per market) were routine exercises of the Media Bureau’s authority. The opponents argue that the FCC had never waived the national cap before this decision, and that Congress never gave the FCC such authority. Moreover, they argue that the Bureau failed to analyze how the duopoly waivers served the FCC’s localism, viewpoint diversity, and competition goals in each of the 21 affected markets, and that the acquisition harms the public interest by causing higher retransmission consent fees.

A US District Court Judge issued a preliminary injunction against Nexstar taking actions to consolidate its operations with those of TEGNA. This injunction extends the restrictions the judge set out in a temporary restraining order last week attempting to preserve TEGNA as an independent business (see our note here on the TRO) while the Court considers antitrust claims brought against the transaction. Commissioner Gomez, who issued a statement indicating her dissent from the Media Bureau order approving Nexstar’s acquisition of TEGNA, issued a statement applauding the Court’s actions.

The Media Bureau announced pleading deadlines for the application proposing the assignment of 23 TV station licenses from INYO to Scripps’ subsidiary, ION Television. As the assignment will result in Scripps exceeding the 39% national TV ownership cap and owning more than 2 full-power TV stations in 8 Nielsen Designated Market Areas, Scripps is seeking waivers of both the national cap and the local ownership rules. Petitions to deny the application are due May 18, oppositions to any petitions to deny filed are due June 2, and replies to any oppositions filed are due June 12.

April 6, 2026 to April 10, 2026

The FCC’s Media Bureau released a Memorandum Opinion and Order extending the waiver of the Audible Crawl Rule for another 18 months (through November 29, 2027) or until the FCC rules on the NAB’s pending petition for rulemaking and waiver – whichever is sooner. The rule requires TV broadcasters to provide an audio description of visual, nontextual emergency information, such as radar maps or other graphics, that is displayed during non-newscast programming, on a secondary audio stream (the station’s “SAP Channel”). Since the FCC adopted the rule over 10 years ago, the Media Bureau has granted 6 successive waiver requests based on the unavailability of any technical means to ensure compliance by converting visual information into audio for broadcast on the SAP channel. The latest extension expires on May 27, 2026.

The Commission also announced that it will be considering at its regular monthly open meeting on April 30 a Notice of Proposed Rulemaking proposing to eliminate the requirement. The FCC released a draft of the NPRM. It proposes to drop the requirement if the station provides a textual crawl on screen conveying the same emergency information that is in the visual image and that text is converted to audio provided on the SAP channel (as already required for all such textual alerts).

The FCC’s Office of Economics and Analytics issued the FCC’s biannual call for comments on the State of Competition in the Communications Marketplace. The FCC seeks comments on a list of questions about competition in the video and audio marketplaces, including the impact of digital competitors on radio and TV stations and the role that regulation plays in the competitive landscape. The FCC uses these comments to prepare required reports to Congress on competition issues and often references the reports in proceedings dealing with competition, including FCC proceedings dealing with its ownership rules. Comments are due May 21 and reply comments are due June 22.
The Media Bureau ordered a North Carolina FM translator to suspend operations for apparently causing co-channel interference to a nearby full-power FM station. The translator’s licensee had modified the station’s facilities to address earlier interference complaints, but the FM station’s licensee submitted new listener complaints showing that interference persisted. The FCC’s translator interference rules require that a minimum of 6 listener complaints from separate locations be submitted to demonstrate that a translator is causing actual interference to a full-power station. The Bureau rejected the argument that the listener complaints submitted by the full-power station’s licensee should be rejected since they all came from the same neighborhood, stating that although complaints cannot all come from the same building, in certain situations – such as a small zone of interference – listener complaints may be clustered in a small area, as was the case here. The Bureau also cautioned the FM station’s licensee against using the FCC’s interference complaint process for private financial gain after the FM translator’s licensee alleged that the FM station’s licensee asked for $500,000 in return for settling the dispute. The Bureau noted that any monetary settlements resulting from the voluntary dismissal of an interference complaint must be limited to reimbursement of the complaint’s expenses in pursuing the complaint.
A US District Court issued an order extending for another seven days a Temporary Restraining Order blocking the full integration of the Nexstar and TEGNA television stations while the court considers if a longer pause should be adopted while it reviews antitrust objections to the combination. Recognizing that Nexstar has already closed on its acquisition of TEGNA following FCC approval (see our Broadcast Law Blog article here), the court allowed Nexstar to take certain business, accounting, and legal actions for the TEGNA stations; but ordered that operational decisions, including those dealing with station contracts such as retransmission consent agreements, be conducted by independent persons not currently or recently associated with Nexstar. The intent of these actions is to preserve the TEGNA stations as independent operations should the court order that the closing be undone.
The FCC’s Enforcement Bureau issued two Notices of Illegal Pirate Radio Broadcasting against landowners in New York City and Jamacia, New York for allegedly allowing pirates to broadcast from their properties. The Bureau warned the landowners that the FCC could issue fines of up to $2,453,218 under the PIRATE Radio Act if the landowners continue to permit pirate radio broadcasts from their properties.

March 30, 2026 to April 3, 2026

The FCC’s Media Bureau released a Public Notice purporting to remind broadcasters about their lowest unit charge (LUC) obligations for political ads. LUC requirements apply to ads sponsored by legally qualified candidates and their authorized committees. In the Public Notice, the Bureau said for the first time that the LUC obligation extends to joint fundraising committees made up of a federal candidate’s principal campaign committee and other political committees. The Notice also said that the obligation extends to “coordinated expenditures” between political parties and legally qualified federal candidates. The determination that coordinated expenditures qualify for LUC contradicted a statement from the Solicitor General on behalf of the Department of Justice in a brief filed in February with the Supreme Court in a case that, if decided as urged by certain Republican party groups, could dramatically expand the ability of political parties to coordinate their spending with legally qualified federal candidates. The FCC’s rules require that stations provide LUC in the 45 days before a primary election and in the 60 days before a general election.
Senators Ted Cruz (R-TX) and Maria Cantwell (D-WA) sent FCC Chairman Carr a letter expressing their concerns about the FCC delegating to the Media Bureau the approval of the Nexstar’s acquisition of TEGNA (see our article here). The Senators stated that the merger’s size – which created the largest TV station group in history – and the decisions to waive the local and national TV ownership rules, required a vote of the full Commission. The Senators asked what mergers would require full Commission review if the approval of the novel issues involved in this decision could be delegated to the Media Bureau. The Senators noted that Carr previously disagreed with the FCC’s delegation of authority to the Media Bureau to designate the proposed Standard General-TEGNA merger for hearing in 2023, which killed that deal (see our article here), and the Media Bureau’s approval of Audacy’s bankruptcy plan in 2024 (see our note here). The Senators requested that Carr provide information on the decision to allow the Bureau to approve the Nexstar-TEGNA deal and how this situation differed from prior FCC delegations of authority which Carr opposed.

A Federal District Court enjoined the integration of TEGNA into Nexstar while it considered antitrust arguments raised by 8 state attorneys general arguing that the acquisition resulted in Nexstar acquiring too much market power. Nexstar has argued against the continuation of the temporary restraining order claiming that it cannot operate TEGNA as a separate company given that it already closed its acquisition after that acquisition was approved by the FCC and the Department of Justice.

A federal judge in the District of Columbia ruled that President Trump’s Executive Order forbidding federal agencies from providing any funding to NPR and PBS violated NPR and PBS’ First Amendment rights. The judge found that the administration cannot deny funding to NPR and PBS simply because it disagrees with their viewpoints – which the EO characterized as “left-wing propaganda” – because such an action violates the First Amendment. While the decision has been characterized in some headlines as restoring funding to NPR and PBS, because Congress eliminated that funding separate and apart from the EO, the real effect of this decision is limited to situations where government agencies may want to provide grants or other funding to these organizations out of funds other than those rejected by Congress.
The Media Bureau granted the assignment of a TV station in the Jacksonville, FL Nielsen Designated Market Area (DMA) from Hoffman Communications to Cox Television, resulting in Cox owning two of the top-4 TV stations in the DMA. As was the case last month when the Bureau approved Sinclair acquiring two of the top-4 ranked TV stations in multiple DMAs (see our notes here and here), the Bureau rejected claims by DIRECTV that Cox had to make a showing that the public interest justified the transaction. The Bureau found that, after the U.S. Court of Appeals for the Eighth Circuit vacated the top-4 restrictions (see our article here), no special showing was needed and that any arguments about other harms from the assignment, including increased retransmission consent fees, were speculative.
The FCC released a Forfeiture Order imposing a $60,000 fine against an individual for operating a pirate radio station in Miami Gardens, Florida. The pirate broadcaster now has 30 days to pay the fine or the FCC may refer the case to the U.S. Department of Justice. The FCC itself cannot sue to collect fines or take actions against individuals who ignore these fines so it must rely on the DOJ to enforce them in Court.
The Media Bureau entered into a Consent Decree with a Mississippi AM station to resolve an investigation arising from an informal complaint, finding violations including that the station’s control changed without prior FCC approval when one of its three owners bought out the interests of the other two, the station failed to upload Quarterly Issues/Programs lists to its Online Public Inspection File (OPIF), the station failed to file several biennial ownership reports, and the station falsely certified its compliance with its OPIF and biennial ownership reporting requirements in its license renewal application. The Consent Decree requires that the station pay a $1,000 voluntary contribution to the U.S. Treasury and implement a compliance plan to ensure future compliance with the FCC’s rules.

March 23, 2026 to March 27, 2026

Judicial appeals of the FCC’s Media Bureau approval of the transfer of control of TEGNA to Nexstar have been filed by representatives of conservative media outlets, public interest groups, multichannel video providers, and others. The appeals make arguments including that the full Commission, not the Media Bureau, should have made the decision, and questioning whether the Bureau (or the Commission) has the authority to waive the 39% audience cap, as the cap was set by Congress. Petitions to stay the effect of the FCC’s order have also been filed. Nexstar has opposed these motions. We wrote more about the significance of the Nexstar decision on our Broadcast Law Blog.
- Commissioner Gomez objected to the refusal of the Media Bureau to attach her dissent to its approval of Nexstar’s acquisition of TEGNA. A Commissioner would normally not dissent to a Media Bureau decision – Commissioners would weigh in when the Bureau decision is appealed to the full Commission. Gomez argues that her dissent should be considered now so it can be reviewed in any court challenge to the decision as the Commissioners may never get to vote on any appeal and that the Bureau decision in this case has the same practical effect as a full Commission decision.
The FCC released two decisions as part of its Delete Delete Delete proceeding looking to abolish unnecessary rules and lighten the regulatory burden on broadcasters:
- The FCC released a Report and Order updating and clarifying several broadcast rules, including conforming rules to current licensing systems (including replacing outdated CDBS application form references with those currently used in LMS); eliminating outdated and obsolete requirements (including post-incentive auction digital transition notification requirements, deleting the rule requiring a 20% increase in AM station power for processing a power increase application, and the rule restricting Special Temporary Authorizations for technical and equipment problems to 90 days when other STAs can be granted for up to 180 days); modifying its application signatory rules to allow corporate directors and duly authorized employees of corporations, partnerships, unincorporated associations, or government entities to certify applications; and revising several broadcast rules for clarity (including clarifying when stations’ local public notice obligations are triggered for their applications). The rule changes will generally become effective 30 days after the item’s publication in the Federal Register.
- The FCC also released a Direct Final Rule in which it deleted several of its rules as being unnecessary, including rules for the TV broadcast spectrum reverse auction which ended in 2017. Comments responding to the Direct Final Rule are due 20 days after the item’s publication in the Federal Register. 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 item’s publication in the Federal Register. 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 granted applications proposing the assignment of Allen Media’s TV stations in Lafayette, Indiana, Terre Haute, Indiana, and Tupelo, Mississippi to Gray Television, resulting in Gray owning its first full-power TV stations in each of those markets. Several cable and satellite associations and other groups filed objections against the applications. The Media Bureau rejected the arguments, finding that the applications complied with the FCC rules and that there were no public interest harms caused by granting the applications.
FCC Chairman Carr responded to Senator Blumenthal’s (D-CT) letter requesting information on the FCC’s recent investigation and alleged threats against broadcasters regarding violations of the equal time rule for political candidates, including in connection with the appearance of Texas U.S. candidate James Talarico on the ABC’s “The View” and CBS’ decision to block the broadcast of Talarico’s interview on Stephen Colbert’s “The Late Show” (see our notes here and here). Carr stated that the FCC’s alleged threats against broadcast networks not to air the Talarico interviews were “based on news stories that have proven to be nothing more than a series of hoaxes,” and that the Senator’s “letter repeats the false claim that the FCC censored a recent interview that a late-night TV host wanted to conduct with a legally qualified candidate for political office.” Carr stated that TV stations are not prohibited from conducting interviews with political candidates in non-news programs but if they conduct interviews outside of exempt programs they must comply with the equal time rule.
The Media Bureau and Office of Managing Director issued an Order to Pay or to Show Cause against the licensee of several current and former Texas FM stations and an LPTV station proposing to revoke its current station’s license unless, within 60 days, the licensee 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 licensee has an unpaid regulatory fee debt totaling $18,499.29 for fiscal years 2024 and 2025 for both its currently and formerly licensed stations.
The FCC’s Enforcement Bureau issued Notices of Violation against two broadcasters for violations of Commission rules on the lighting and marking of towers. The Bureau issued a Notice of Violation against a New Jersey AM station after an inspection revealed violations including its towers not being properly painted and their lighting was not operating properly, the station failed to renew its Notice to Airmen (NOTAM) of the tower lightning outage after the Notice had expired, vegetation around the towers precluded access to the base of the tower, and the station did not maintain operational Emergency Alert Service equipment. The Bureau also issued a Notice of Violation against a Texas broadcaster after an inspection of its tower revealed that the tower’s paint was not properly being maintained. The broadcasters must now explain to the Bureau how they will correct their rule violations and prevent future violations from occurring.

On our Broadcast Law Blog, we looked at upcoming regulatory dates and deadlines affecting broadcasters this April. Additionally, with April Fools’ Day right around the corner, we wrote about legal issues that can arise from on-air pranks under the FCC’s Hoax rule and even that suck pranks can give rise to civil liability.

March 16, 2026 to March 20, 2026

The FCC’s Media Bureau released a Memorandum Opinion and Order granting the transfer of control of TEGNA to Nexstar Media. The transfer, which was consummated immediately after the grant, results in Nexstar owning 2 TV stations in 17 Nielsen Designated Market Areas (DMAs) and more than 2 stations in 23 markets, as well as having a national audience reach of 54.5% of TV households. The Bureau granted Nexstar’s waiver of the 39% national TV ownership cap (which it found that it had the authority to do), citing the increased competition faced by broadcasters from other forms of media, including digital platforms, since the FCC last updated the cap over 20 years ago. The Bureau also found that Nexstar’s proposed duopolies complied with the FCC’s Local TV Ownership Rule as common ownership of 2 TV stations in a DMA is permitted in all cases following the U.S. Court of Appeals for the Eight Circuit’s decision overturning the FCC’s prohibition on owning two of the Top 4 stations in any market (see our article here). The FCC also granted Nexstar’s requested waiver of the local TV ownership rule in the 23 markets where it owns more than 2 stations finding that, in the vast majority of those markets, the station combinations would strengthen competition by supporting weaker TV stations that will be owned by Nexstar, allowing their continued operation which might not be possible without support from the company’s more successful stations in those markets. Nexstar did, however, agree to divest stations in 6 markets within 2 years if the ownership rules prohibiting such combinations are still in place at that time.
- FCC Commissioner Gomez released a statement criticizing the decision, stating that the approved transfer violates the national TV ownership cap and was “approved behind closed doors with no open process, no full Commission vote, and no transparency for the consumers and communities who will bear the consequences,” and that “the American public deserves to know how and why this decision was made.”
Commissioner Gomez also released a statement in response to FCC Chairman Carr’s recent statements, which we noted last week, that broadcasters could lose their licenses for airing unfavorable coverage of the war in Iran. Gomez stated that the “FCC has vanishingly little power over national news networks” and noted that TV station licenses are not “up for renewal until 2028.” While Gomez characterized Carr’s statements as “grounded in neither reality nor law and would not survive judicial scrutiny,” she stated that “the concern over the chilling effect of these actions, however, is very real” and follow “a well-established pattern of threatened investigations, broadcast license revocations, and regulatory harassment aimed at pressuring broadcasters and their corporate parents to comply or capitulate in advance.”
The FCC’s Public Safety and Homeland Security Bureau granted a limited waiver of the FCC’s Emergency Alert System (EAS) rules to permit a group of Michigan radio and TV stations to operate without EAS equipment while the stations were moved to new facilities. The FCC’s rules require stations, when they are operational, to have EAS equipment installed and capable of sending and receiving EAS tests and messages. The Bureau granted the waiver noting that it was for a very short period during the station moves (up to 1 hour) and the licensee pledged not to proceed with the moves if there was a risk of an emergency event or if there was a planned EAS test on the move date. See our Broadcast Law Blog discussion here of similar waivers granted recently, noting that these decisions make clear that the FCC requires a waiver when fully functional EAS equipment is deactivated, even temporarily, while the Commission’s rules give stations 60 days without requiring FCC approval to repair EAS equipment that malfunctions.
The FCC’s Media Bureau notified a Virginia FM station that its proposed community of license change from Gretna, Virginia to Brookneal, Virginia conflicted with the FCC’s community of license change policies. Several years ago, the station was licensed to Gretna but received a construction permit to move to Halifax, Virginia. Under Commission policy, a city of license change is effective when the construction permit is granted, even if the actual construction of the modified facilities has not yet occurred. In the interim, the station operates with an “implied STA” from its original facilities. While the licensee claimed that the city of license change was in the public interest because Brookneal would receive its first local service while Gretna (where the station is still operating) would continue receiving a first local service from another station, the Bureau found that the comparison should have been between Halifax and Brookneal, as the previously granted construction permit meant that the station was no longer licensed to Gretna. Even though the facilities to serve Halifax had never been constructed, the Bureau found that first local service at the larger community of Halifax was preferred over the first local service at the smaller community of Brookneal. Thus, it rejected the proposed city of license change, though it permitted the licensee to amend its proposal within 30 days in a manner that would comply with Commission policy.
The Media Bureau entered into a Consent Decree with a Virginia LPFM station to resolve its investigation into the station’s compliance with the FCC’s underwriting rules, which prohibit noncommercial stations, including LPFM stations, from airing commercial advertisements. The investigation arose from objections to the station’s license renewal application which made several allegations, including not only the underwriting issues, but also issues arising from a “co-op” agreement to which the licensee was a party, which allowed several LPFM stations to share facilities and commonly seek underwriting support. Questions were raised as to whether this agreement violated the FCC rule against LPFM stations having operating agreements with other full-power or low power stations. The Bureau concluded that, as the licensee’s agreement was with the co-op and not the licensees of the other stations, and as nothing showed that the co-op controlled the programming, personnel, or finances of the licensee, this arrangement did not violate the rule. But the Bureau promised to review any similar arrangements very carefully as it believed that this agreement was close to the line. However, finding that some of the “underwriting” on the station promoted rather than simply identified the station’s sponsors, the Consent Decree was adopted, requiring the station to implement a compliance plan to ensure the licensee’s future compliance with FCC rules. See our article here on the limits of permissible underwriting under FCC rules.
The Media Bureau affirmed its July 2025 decision dismissing a Florida LPFM construction permit application based on objections that the applicant failed to meet the FCC’s LPFM localism requirement because 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 the top 50 urban markets). The applicant requested reinstatement of its application claiming that it met the LPFM localism requirement because it relocated its headquarters after it filed its application so that it was within the required 10-mile radius, which it disclosed in an amendment filed after the LPFM filing window closed. The Bureau rejected the applicant’s arguments, stating that an applicant must meet the localism requirement when its original application is filed, and noncompliance at the time of filing cannot be corrected by an amendment. While the applicant argued that the Bureau had previously accepted an amendment to another application to clarify the applicant’s educational purpose, that decision was rejected as being precedent for accepting an amendment in this case, as the other applicant was in compliance with the educational purpose obligation at the time of filing, and the accepted amendment merely clarified that compliance.

On our Broadcast Law Blog, we posted a two-part discussion of the legal risks of advertising or promotions using “March Madness,” “Final Four,” and other NCAA trademarks (see here and here) unless you have permission of the NCAA. We also published an article that highlighted some of the legal issues under state laws that can arise when artificial intelligence is used in political attack ads to create “deep fakes” or “synthetic media” of political candidates.

March 9, 2026 to March 13, 2026

Linking to a post from the President complaining about the accuracy of media coverage of the Iran conflict, FCC Chairman Brendan Carr posted the following on X – “Broadcasters that are running hoaxes and news distortions – also known as the fake news – have a chance now to correct course before their license renewals come up. The law is clear. Broadcasters must operate in the public interest, and they will lose their licenses if they do not.” His post went on to say that it was in the best interests of broadcasters to be more accurate in their coverage, citing statistics that suggest that the public does not trust legacy media and providing examples of what he termed “fake news.”
The Copyright Royalty Board this week published in the Federal Register its approval of the settlements between SoundExchange and certain groups of broadcasters. These settlements set royalties to be paid by these broadcasters for the webcasting of sound recordings (including broadcast simulcasts) from January 1, 2026 through December 31, 2030. Settlements covering commercial broadcasters (see our Broadcast Law Blog article here providing more details on this settlement with the NAB), NPR and other CPB stations, webcasting by certain educational institutions, and one noncommercial religious broadcaster were approved. The CRB has yet to publicly release a decision as the royalties to be paid by other webcasters not covered by these settlements, including certain noncommercial broadcasters.
The FCC’s Media Bureau released a Public Notice announcing that it made changes to the call signs of several TV translator stations to bring them into compliance with the FCC’s new rule requiring that all TV translator call signs follow a uniform format (the letter “K” or “W” followed by the channel number and then “-D”) (see our note here). The affected TV translators listed in the Notice will be reissued authorizations with their updated call signs. The Bureau stated that the TV translators listed in the Notice were the only TV translator call signs that needed to be changed under the new rule. The Bureau also reminded licensees of these translators to update the call sign that is transmitted in their on-air station identification.
The FTC released an Advance Notice of Proposed Rulemaking regarding negative option marketing practices, including whether to require sellers to provide “Click to Cancel” options to consumers for cancelling their enrollments in subscriptions and services with “negative options” (contractual terms and conditions allowing a seller to interpret a customer’s silence, or failure to take an affirmative action, as acceptance of an offer to sell and charge for goods or services). In July 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the FTC’s Click to Cancel Rule (see our note here), finding that the FTC had not fully assessed the impact of and the alternatives to the new rule, which had provided more consumer protections allowing easier cancellation of negative option enrollments (see our note here). In the ANPRM, the FTC asks numerous questions about negative option use, consumer difficulty in using negative option frameworks, and the costs and benefits of new rules. It expressed a general skepticism towards the existing patchwork of laws and rules, which it believes does not provide a consistent legal framework to industry and consumers for implementing and assessing varied negative option marketing uses across different media, but did not propose any new rules. Instead, it highlighted the FTC’s enforcement actions related to unfair cancellation practices.
The FCC’s Office of Managing Director (OMD) released a Public Notice acting on a number of requests by FCC-regulated entities (mostly broadcasters) seeking waiver or deferral of annual regulatory fees. While the OMD historically acted on such requests through individual letter decisions, the OMD announced last September that it would now do so in grouped decisions like this one (see our note here).

The Media Bureau released a Public Notice announcing that April 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. This obligation applies only to video programmers (other than news organizations) backed by foreign governments or foreign political parties or their agents. 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 May 11. Given the narrow scope of entities covered by this obligation, the FCC often reports that no entity registered (see, for instance, our note here). This reporting requirement should not be confused with the broader obligation of all broadcasters to determine if foreign governments or their agents have bought program time or issue advertising on broadcast stations (see our articles here and here), or the recently adopted rules about reporting broadcast ownership interests of foreign adversaries (which we noted here).

March 2, 2026 to March 6, 2026

The FCC released a draft Report and Order that, if adopted at its next Open Meeting on March 26, would update and clarify several broadcast rules. These changes include updating rules conform to current licensing systems (including replacing outdated CDBS application form references with those currently used in LMS); eliminating outdated and obsolete requirements (including post-incentive auction viewer/MVPD notification requirements, the requirement for a 20% increase in AM station power for a power increase application to be processed, and the rule that restricted Special Temporary Authorizations for technical and equipment problems to 90 days when other STAs can be granted for up to 180 days); modifying the rules as to who can sign FCC applications to allow corporate directors and duly authorized employees of corporations, partnerships, unincorporated associations, or government entities to certify applications; and revising several broadcast rules for clarity (including clarifying when stations’ local public notice obligations are triggered for their applications).
The FCC’s Media Bureau entered into two Consent Decrees to resolve its investigations of various FCC rule violations arising during its review of the station license renewal applications:
- The Bureau entered into a Consent Decree with an Arizona TV station to resolve an investigation of the station’s failure to comply with its Online Public Inspection File (OPIF) obligations. The Bureau found that the station failed to timely upload 14 Quarterly Issues/Programs lists and 9 commercial limits certifications to its OPIF during its last license renewal period. The Consent Decree requires that the station pay a $6,000 voluntary contribution to the U.S. Treasury.
- The Bureau also entered into a Consent Decree with an Oregon noncommercial FM station to resolve its investigation of the station’s failure to comply with the FCC’s underwriting rules arising from a complaint filed against the station. The Bureau found that the station aired 9 announcements that impermissibly promoted the sponsor because they contained comparative and qualitative descriptions, menu listings of products or services, and inducements to buy products or services. The Consent Decree requires that the station pay a $5,000 voluntary contribution to the U.S. Treasury and implement a compliance plan to ensure future compliance with the FCC’s underwriting rules. The Bureau also dismissed two petitions to deny the renewal application which raised additional FCC rule violations, including that the station’s most recent biennial ownership report was incomplete. The Bureau found that the station did not intend to deceive the FCC by filing an incomplete ownership report and it corrected the report when it was made aware of the issue, but it cautioned the station to be more diligent in the future in complying with its ownership reporting obligations.
The FCC released a Memorandum Opinion and Order granting the transfer of an individual’s interests in the licensee of several Wyoming radio stations to her ex-husband following her felony conviction for income tax evasion. Criminal convictions call into question an individual’s character and fitness to hold an FCC license, and the FCC generally prohibits the assignment or transfer of a station’s license when character qualification issues are pending against the transferor. However, as ex-husband was not implicated in the wrongdoing and had a long history of FCC compliance, and as the wrongdoer will receive no consideration from the transaction and will no longer be part of the broadcast industry, the Commission found that grant of the application will preserve broadcast service to the Wyoming communities served by the stations and was otherwise in the public interest.
Cumulus Media announced that filed for bankruptcy in a Texas federal bankruptcy court to eliminate roughly $600 million in debt. Cumulus stated that it will continue operating normally during the bankruptcy proceeding. Cumulus’ bankruptcy plan will need to be approved by both the bankruptcy court and the FCC (through the filing of transfer applications for its stations) before it can complete its bankruptcy restructuring.
The FCC announced that comments are due May 1 in response to the following AM and FM stations’ proposed community of license changes: WZON(AM), Bangor, Maine, to Norridgewock, Maine; WAKE(AM), Valparaiso, Indiana, to Hobart, Indiana; WFAD(AM), Middlebury, Vermont, to Bridport, Vermont; WLBE(AM), Leesburg-Eustis, Florida, to Geneva, Florida; WLCZ(FM), Lincolnton, Georgia, to Appling, Georgia; WLNK-FM, Indian Trail, North Carolina, to Weddington, North Carolina; KXAV(FM), Hebbronville, Texas, to Bruni, Texas; and WMSU(FM), Starkville, Mississippi, to Artesia, Mississippi.

February 23, 2026 to February 27, 2026

The FCC’s Media Bureau issued a Public Notice seeking comment on how changes in the sports programming marketplace have impacted consumers and broadcasters, including broadcasters’ ability to meet their public interest obligations. The Bureau seeks comments on matters including streaming platforms’ impact on broadcasters’ ability to obtain sports programming rights, specifics of agreements for the rights to cover sports, and the authority of the FCC to ensure continued viewer access to live sports. Comments and reply comments responding to the Notice are due March 27 and April 13, respectively. For more information, see the article on our Broadcast Law Blog regarding the FCC’s inquiry.
The FCC released a Public Notice announcing that comments and reply comments are due March 13 and 23, respectively, responding to its Public Notice released last week announcing its plans to open a filing window in 2026 for new noncommercial FM translator stations in the reserved band (Channels 201-220). The FCC seeks comment on a proposal to limit the filing window to the licensee or permittee of the noncommercial educational FM, noncommercial AM, or LPFM station that the proposed translator will rebroadcast; and to limit applicants to no more than 10 applications, except that Tribal LPFM applicants would be limited to 4 applications and all other LPFM applicants would be limited to 2 applications. For more on this filing window, see our article on the Broadcast Law Blog.
The Media Bureau released an Order granting an application for the assignment of an Indianapolis TV station from Scripps to Circle City Broadcasting, waiving the local television ownership rules to allow Circle City to own three TV stations in the Indianapolis Designated Market Area (DMA). The current rules allow one owner to hold the licenses of only two stations in any DMA. The Bureau found that Circle City’s acquisition of the Indianapolis ABC affiliate was essential to Circle City being able to compete with the other network-affiliated stations in the market, which have a larger market share than will the three Circle City stations. It also found that divestiture of one of Circle City’s independent TV stations was impractical as a prospective buyer would have to invest significant capital to operate the station as a stand-alone facility and would be unlikely to be able to continue to provide the significant local news programming currently offered by the station.
The FCC’s Space Bureau released a Public Notice announcing a one year extension of its temporary expedited processing procedures for earth station licensees, which were originally adopted last March. The expedited processing procedures allow for the grant of STAs for certain short-term uses and to allow the commencement of operations while regular license applications are pending without waiting for a 30-day prior notice and comment period to pass. The Bureau extended its temporary processing procedures while the FCC’s proceeding to modernize its earth station application procedures remained ongoing (see our note here). The expedited processing procedures are extended through March 10, 2027.
The Media Bureau notified a Virginia FM station that its proposed community of license change and transmitter site relocation from Martinsville, Virginia to New Castle, Virginia (a move within the Roanoke, Virgina urbanized area) conflicted with the FCC’s guidelines for community changes within urbanized areas. The station argued that the proposed community change was in the public interest because it would result in a net service gain of 74,208 people. The Bureau found that the station incorrectly used the station’s allotment coordinates to calculate this coverage gain instead of the station’s current and proposed transmitter coordinates as required by FCC policy for moves within urbanized areas. When using the proper coordinates, the Bureau found that the proposed modification would result in a net loss of service to 137,657 people within the station’s service contour and a net loss of service to 133,322 people within the Roanoke urbanized area. Thus, the Bureau found that retaining a third local service in the larger community of Martinsville (13,485 people) was preferred over the proposed smaller community of New Castle (125 people). The station now has 30 days to amend its application to conform with the FCC’s community of license change policies or it will be dismissed.
The FCC’s Office of Managing Director released an Order denying waiver requests filed by 30 different FCC-regulated entities, including some broadcasters, of the 25% late payment penalty assessed for regulatory fees for fiscal year 2024 and 2025 paid after the payment deadline set by the Commission’s staff. The Managing Director found that each entity did not satisfy its burden of explaining why waiver was necessary, noting that waivers of late payment penalties are only granted in extraordinary circumstances.
The FCC’s Administrative Law Judge terminated a hearing proceeding involving the licensee of three Texas radio stations which the Media Bureau ordered in January (see our note here) to determine whether the stations’ licenses should be revoked because of issues including a possible unauthorized transfer of control to a Mexican citizen, and whether an application for a transfer of control proposing to change the licensee’s owner should be granted. At the request of the licensee, the ALJ dismissed the transfer application. The licensee also elected to proceed without a hearing on the question of whether its licenses should be revoked, instead filing a written statement as allowed by the Commission rules, setting out the reasons why its licenses should not be revoked. The FCC’s Enforcement Bureau sought to file a reply to the licensee’s written statement. As such a reply is not permitted under the Commission’s rules, the ALJ certified the case to the full Commission to determine if a reply should be permitted and, if it is, what other actions should be taken with respect to the revocation proceeding.

On our Broadcast Law Blog, we took a look at the upcoming March regulatory dates and deadlines affecting broadcasters. We also discussed the need for stations to get prior approvals for voluntarily disabling functional EAS equipment, as evidenced by several EAS waiver requests granted by the Media Bureau in recent weeks.

February 16, 2026 to February 20, 2026

FCC Chairman Carr announced the “Pledge America Campaign” which calls on broadcasters to pledge to provide programming promoting civic education, national pride, and shared history to mark the 250th Anniversary of the signing of the Declaration of Independence. Carr notes that broadcasters have longstanding public interest obligations to educate, inform, and entertain viewers and to air programming that is responsive to the needs and interests of their local communities. Carr’s announcement provided examples of such programming -including running PSAs, short segments, or full specials promoting civic education or about inspiring local stories; segments during regular news that highlight local sites that are significant to American and regional history, such as National Park Service sites; starting each broadcast day with the national anthem or the Pledge of Allegiance; and providing daily “Today in American History” announcements highlighting significant events that took place on that day in history. The announcement stated that broadcasters “can voluntarily choose to indicate their commitment to the Pledge America Campaign and highlight their ongoing and relevant programming to their viewing and listening audiences.” On BlueSky, Commissioner Gomez reacted to this announcement by suggesting that broadcasters who choose to participate in this campaign “do so by defending their First Amendment rights and refusing government interference.”
At its February Open Meeting, the FCC adopted a Public Notice announcing its plans to open a filing window in 2026 for new noncommercial FM translator stations in the reserved band (Channels 201-220). The FCC will be seeking comment on a proposal to limit the filing window to the licensee or permittee of a noncommercial educational FM, noncommercial AM, or LPFM station that the proposed translator will rebroadcast; and to limit applicants to no more than 10 applications, except that Tribal LPFM applicants would be limited to 4 applications and all other LPFM applicants would be limited to 2 applications. Comments and reply comments on the proposed application limits will be due 15 and 25 days, respectively, after the Public Notice is published in the Federal Register. Dates for the window and filing procedures will be announced in a future notice from the FCC’s Media Bureau. For more on this filing window, see our article on our Broadcast Law Blog.
FCC Commissioner Gomez released a statement following reports that CBS blocked the broadcast of Stephen Colbert’s “The Late Show” interview with Democratic Texas State Representative James Talarico—who is also a candidate for the Texas U.S. Senate seat—due to concerns about the interview’s compliance with the FCC’s revised political candidate equal time rules for talk show interviews (see our discussion here). Gomez stated that CBS’s decision is “yet another troubling example of corporate capitulation in the face of this Administration’s broader campaign to censor and control speech,” and that “the FCC has no lawful authority to pressure broadcasters for political purposes or to create a climate that chills free expression.” FCC Chairman Carr also commented on the incident at a press conference following the FCC’s Open Meeting, stating that the FCC did not censor the interview and noted that the equal time rules are intended to provide for more speech, not less, by allowing all candidates to get access to the airwaves.
The Media Bureau granted three assignment applications proposing Sinclair’s ownership of two of the top-4 ranked TV stations in the following Designated Market Areas (DMAs): Flint-Saginaw-Bay City, MI; Traverse City-Cadillac, MI; and Rochester, NY. As was the case earlier this month when the Bureau granted several applications proposing Sinclair’s ownership of two of the top-4 ranked TV stations in multiple DMAs (see our note here), DIRECTV filed petitions to deny, arguing that granting the applications were not in the public interest because Sinclair would charge higher retransmission consent fees due to its greater market share, and that, even after the U.S. Court of Appeals for the Eighth Circuit decision to vacate the top-4 restrictions (see our article here), applicants still must show that owning two of the top-4 ranked stations in a DMA was in the public interest. The Bureau again rejected DIRECTV’s arguments, finding that DIRECTV failed to provide any transaction-specific arguments why granting the applications was not in the public interest, concluding that harm from increased retransmission consent fees was speculative, and determining that, after the Eighth Circuit’s decision, no special showing was needed to own two of the top-4 stations in any market.
As we have seen in recent weeks, the FCC’s Public Safety and Homeland Security Bureau again granted limited waivers of the FCC’s Emergency Alert Service (EAS) rules to permit radio stations to operate without EAS equipment while they were moved to new transmitter sites. The FCC’s rules require stations to have EAS devices installed and capable of sending and receiving EAS tests and messages whenever they are operational. This week, the Bureau granted two EAS rule waivers (see here and here) noting that the waivers were for a very short period of time during the station moves (up to 2 hours) and the licensees pledged not to proceed with the moves if there was a risk of an emergency event. One of these waiver grants was for two FM stations which supplemented a request that, last week, the Bureau found had insufficient information to grant (as it had not provided the specific times during which the station’s EAS equipment would not be functional – see our note here). Earlier this month, we also noted here another similar EAS waiver grant.
The Media Bureau issued a Notification of License Cancellation to a California FM station, stating that the station’s license was automatically terminated pursuant to Section 312(g) of the Communications Act which cancels a license when a station is silent for more than a year. The Commission has interpreted the cancellation requirement to also apply when a station has been operating from facilities that were not authorized by the FCC. Here, it was unclear if the station had been operating at all for several years and, even if it had, it would have been from facilities at which any authority to operate had expired years ago. The Bureau also stated that, even if the station’s license had not automatically expired pursuant to Section 312(g), the Bureau would have still dismissed the station’s license renewal application for its failure to respond adequately to the Bureau’s inquiries regarding the station’s operational status as the licensee failed repeatedly to provide information requested by the FCC’s staff.
The Media Bureau entered into a Consent Decree with a Connecticut LPFM station to resolve its investigation into whether the station was operating with its licensed facilities. A nearby FM station filed a petition for reconsideration of the station’s 2022 license to cover a modification of the LPFM’s facilities, alleging that the new LPFM operations were causing interference to the petitioner’s signal and to air navigation. At first, in declarations from its President and consulting engineer, the LPFM station denied that it was operating above its authorized power levels, but it later admitted that its station was in fact operating over its authorized power. The Bureau expressed its concern about the gravity of the false statement made by the LPFM operator (even though it was later retracted) but decided that there was not enough to conclude that the LPFM licensee intentionally tried to mislead the FCC. The Bureau agreed to a rescission of the license for its new facilities but still admonished the LPFM station for providing incorrect information, requiring that the admonition be reported in the station’s next license renewal. The Consent Decree does not impose a fine on the LPFM station, but it requires the station to submit a technical compliance report which must be reviewed and approved by the Bureau before it starts operating with its previously licensed facilities.

February 2, 2026 to February 6, 2026

Congress this week reauthorized funding for many government agencies, including the FCC, thus avoiding a prolonged shutdown of these agencies. FCC operations were barely affected by the short lapse of government funding.
A new rule went into effect last week requiring that users of the Commission’s CORES database (including all broadcasters) update their FCC Registration Number (FRN) within 10 business days of any change. Information that needs prompt updating includes a filer’s taxpayer identification number (TIN) or social security number (SSN) as well as contact information, including an individual’s name, position, address, telephone number, and email. Look for more information on this requirement on our Broadcast Law Blog this coming week.
The FCC’s Media Bureau granted several assignment applications proposing Sinclair’s ownership of more than one of the top-4 ranked TV stations in the following Designated Market Areas (DMAs): Eugene, OR; Portland-Auburn, ME; Eureka, CA; Chico-Redding, CA; and Tri-Cities, TN-VA. Sinclair initially made a showing that its ownership of two of the top-4 ranked TV stations in these DMAs was in the public interest, but later withdrew that showing after the U.S. Court of Appeals for the Eighth Circuit vacated the top-4 restrictions (see our article here), asserting that special showing were no longer. DIRECTV filed petitions to deny against the applications, arguing that granting the applications was not in the public interest because Sinclair would charge higher retransmission consent fees due to its greater market share, and that, even after the Eighth Circuit’s decision, applicants still must show that owning two of the top-4 ranked stations in a DMA was in the public interest. The Bureau rejected DIRECTV’s arguments, finding that DIRECTV failed to provide any transaction-specific arguments why granting the applications was not in the public interest—finding that harm from increased retransmission consent fees was speculative – and that, after the Eighth Circuit’s decision, no special showing was needed to own two of the Top 4 stations in any market.
The FCC’s Public Safety and Homeland Security Bureau granted three Florida radio stations a waiver of the FCC’s Emergency Alert System (EAS) equipment rules to allow them to continue operating without EAS equipment while the stations were moved to a new transmitter site. The FCC’s rules require stations to have EAS devices installed and capable of sending and receiving EAS tests and messages when the stations are operational. The Bureau found reason to grant the waiver, noting that the licensee only requested waiver for a very short period (2 hours) during the station move and pledged not to proceed with the move if there was a risk of an emergency event or a planned EAS test.
The Media Bureau released a Notice of Proposed Rulemaking and a Report and Order regarding proposed changes to the TV Tables of Allotments:
- The Bureau released an NPRM proposing the substitution of Channel 10 for Channel 36 at Norwell, Massachusetts as the petitioner requesting the substitution no longer intends to build out the Channel 36 facilities authorized by a construction permit. The Commission considers a channel changed once a construction permit proposing such a change is granted, even before operations on the new channel commence, thus requiring this rulemaking to reauthorize the use of channel 10 even though the station in this case had been operating on that channel all along.
- The Bureau also released a Report and Order granting the substitution of UHF Channel 33 for VHF Channel 8 for a station at Hutchinson, Kansas due to the long history of VHF reception issues among the TV station’s viewers.
The FCC’s Enforcement Bureau issued a Notice of Violation against a Hawaii FM station after an inspection revealed that the station was potentially creating interference with aviation communications in the 108-137 MHz band. The station must now explain to the Bureau how it will correct the rule violation and prevent future violations from occurring.

The Media Bureau dismissed a construction permit application for a new Florida LPFM station after the applicant failed to provide a complete response to the Bureau’s request for additional information regarding the applicant’s eligibility to own an LPFM station (for LPFM stations outside of the top 50 urban markets, either the applicant must be physically headquartered or 75% of its board members must reside within a 10-mile radius of its proposed station’s transmitter site). The Bureau stated that applicants have an affirmative duty to respond fully to the FCC’s requests for information regarding an application to ensure the FCC’s proper processing of an application, and failure to do so could result in the application’s dismissal.

January 26, 2026 to January 30, 2026

Funding for the FCC’s operations, as well as that of many other government agencies, expired at the end of the day on Friday, January 30. While the Senate has approved bills that would continue to fund the FCC and most other government agencies through the end of this fiscal year (September 30, 2026), that legislation must pass the House before becoming effective. Press reports indicate that the Speaker of the House may schedule a vote on the Senate legislation as early as Monday evening, which could avert an extended shutdown – though it is not clear whether an expedited vote will be able to pass the House. In response to its lapse in funding, the FCC released one Public Notice announcing that it would be open for regular business on Monday, and it issued a second release setting out its plans for an “orderly shutdown” if the funding is not quickly approved. Watch for news about Congressional action to see if the FCC remains open for normal business after Monday. If it does not, much routine business, including the processing of pending applications, could stop as it did during the shutdown in the Fall.
The FCC released a draft Public Notice on a planned window for filing for new noncommercial educational (NCE) reserved band (Channels 201-220) FM translator stations. While most of the processing rules (and the dates) for this window would be set by the Media Bureau at some point in the future, this Notice, if adopted at the FCC’s next regular monthly Open Meeting on February 18, proposes that the filing window be limited to the licensee or permittee of the existing NCE FM station, noncommercial AM station, or LPFM station that the proposed translator will rebroadcast. The FCC also proposes limiting each applicant to no more than 10 applications in total, except that Tribal LPFM applicants would be limited to 4 applications and all other LPFM applicants would be limited to 2 applications. If the Public Notice is adopted, comment dates on these proposed eligibility criteria would be set after the notice is published in the Federal Register. For more on this proposed window, see the article we published on Friday on our Broadcast Law Blog.
At its January Open Meeting, the FCC adopted two orders dealing with foreign ownership of communications companies, including broadcasters:
- The first is a Report and Order which will require all broadcast licensees and permittees, to file a certification stating if they are owned or controlled by a “foreign adversary.” The Order defines foreign adversaries as the Peoples’ Republic of China, Cuba, Iran, North Korea, Russia, and Venezuela (if related to ousted politician Nicolás Maduro). 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 10% or greater and describe the nature of the foreign adversary’s control. Information about airtime leased (as identified by a broadcaster through their required determination if any lessee of broadcast time is a representative of a foreign government—see our discussion here) to foreign adversaries also must be reported. The Order provides a different schedule for reporting based on the broadcaster’s size (larger broadcasters reporting more often), and detailed rules on exactly how such reporting will be done. The first filings will be done 60 days (120 days for smaller entities) after the FCC launches a new database for this reporting. The FCC may revoke authorizations if an entity fails to file the required certification or fails to timely correct certifications that the FCC finds deficient.
- The second Report and Order clarifies the FCC’s policies for reviewing proposals under Section 310(b) of the Communications Act seeking approval for foreign ownership of more than 25% of an entity that owns or controls a broadcast licensee. Section 310(b) prohibits foreign entities, individuals, and governments from holding ownership interests of more than 20% in an FCC licensee, but it permits their ownership or control of more than 25% in a U.S. entity that directly or indirectly controls an FCC licensee, if the FCC finds that such ownership is in the public interest. The process for filing “petitions for declaratory ruling” asking the FCC to make such a public interest determination, and the standards used to evaluate these “PDRs,” have been adopted through decisions in specific cases and policy statements. The Order tries to provide a clearer statement of the FCC’s policies and procedures by embodying them in actual FCC rules. The Order also adopts rules clarifying how these policies apply to non-profit entities that hold broadcast licenses. The Order directs the FCC’s Media Bureau to issue guidelines for processing applications by an applicant while its PDR is pending.
The Media Bureau released a Notice of Deletion of FM Channel proposing to delete vacant Channel 277C at Freeport, Texas because it does not comply with the FCC’s minimum distance separation requirements. The Bureau states that Channel 277C at Freeport is considered a vacant FM channel after the cancellation of a station’s license that was authorized to use that frequency. The Bureau also asserts that the proposed channel deletion is in the public interest because deleting the channel resolves the existing FM spacing conflict with Channel 227C2 at Wharton, Texas and there are no alternative fully-spaced channels available for use at Freeport. Comments and reply comments responding to the Notice are due March 13 and March 30, respectively.
The Media Bureau affirmed its dismissal of a construction permit application for a new Texas LPFM station. In June 2024, the Bureau dismissed the application because the applicant failed to demonstrate reasonable assurance of transmitter site availability because it not only failed to communicate with the actual tower site owner, but a court injunction barred the use of the proposed site. The applicant advanced new facts to argue that it indeed communicated with the actual tower site owner regarding the site’s availability and the court injunction did not apply to the applicant. The Bureau rejected the applicant’s arguments because the new arguments were based on facts that could have been raised when the initial objections about its site availability were filed and, even if the new facts were considered, they still did not establish that the applicant had reasonable assurance of site availability when it filed its application as required by LPFM application processing rules.

On our Broadcast Law Blog, we took a look at February’s regulatory dates and deadlines affecting broadcasters, which include routine Annual EEO Public Inspection File Reports in eight states; ATSC 3.0 and Earth Station rulemaking comment deadlines; effective dates for some new rules for Class A, LPTV, and TV Translator stations; and lowest unit rate political windows in a number of states.

January 19, 2026 to January 23, 2026

The FCC’s Media Bureau released a Public Notice purporting to provide guidance directed to broadcast TV stations on whether the appearance of candidates in talk programs, particularly in late night and daytime TV, require that equal time be given to opposing candidates. The notice’s subheading summarized its main message – that programming motivated by partisan purposes will not be considered exempt from equal opportunities obligations. The notice also said that prior FCC decisions declaring certain programs to be exempt should not be relied on by other broadcasters for assurance that similar programs are also exempt, stating that only by asking the FCC for a determination of whether their program is exempt does a broadcaster have any assurance that equal time will not apply when candidates appear in those programs. We wrote in an article on our Broadcast Law Blog more about how this decision reverses prior Commission staff guidance that broadcasters would be given reasonable discretion to make their own decisions as to whether their programs are exempt, some of the confusion that the notice will likely cause, and its practical impact. FCC Commissioner Gomez released a statement calling the Bureau’s Public Notice “misleading” noting that “nothing has fundamentally changed with respect to our political broadcasting rules” but the announcement, putting the Commission in the role of deciding whether a broadcaster’s decision to include a candidate appearance in a program was motivated by partisan purposes or by the station’s reasonable judgment as to the appearance’s newsworthiness “does represent an escalation in this FCC’s ongoing campaign to censor and control speech.”
The FCC announced that February 23 is the effective date of many of the changes adopted in a December Report and Order in the rules for Class A TV, LPTV, and TV Translator stations. However, many of the substantive rule changes adopted in the Order will first require approval of the Office of Management and Budget (OMB) before becoming effective. The effective date will be announced in later notices for changes including those setting 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 (requiring that a station’s protected contour overlap a boundary of its community of license and that all stations must 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 establishing; and adopting a formal process to change a station’s classification from LPTV to TV translator (or vice versa).
The Media Bureau issued a Hearing Designation Order against the licensee of three Texas radio stations to determine whether its licenses should be revoked and whether a transfer of control application proposing to change the licensee’s owner should be granted. The Bureau determined that there was evidence that the proposed owner, a Mexican citizen, had controlled the stations for several years by providing programming and sales services without any written agreement and financing for the stations. The Order indicated that questions were raised by the applicants not revealing these arrangements in the pending application and by being unresponsive or inconsistent in responding to Commission inquiries about the relationships between the parties. Because of the possibility of misrepresentations and unauthorized transfers of control, the Bureau concluded that there were substantial questions requiring a hearing to assess both the current and proposed owners’ character qualifications to hold the stations’ licenses.
The FCC submitted its annual report to Congress regarding it Fiscal Year 2025 enforcement of the PIRATE Act, which enables the FCC to issue substantial fines up to $2,391,097 against pirate radio operators and the owners of property from which pirates operate (see our article on the adoption of the PIRATE Act). The report notes that the Commission issued six forfeiture orders (monetary fines) and ten notices of apparent liability for pirate radio broadcasting, and it entered into three consent decree agreements with pirate radio operators—each with twenty-year compliance plans to avoid future violations. It also issued warnings to 28 owners of property from which pirates had been operating. Many of these actions were taken following FCC “sweeps” of major metropolitan areas, as authorized by the Pirate Act.
The FCC’s Media and Enforcement Bureaus announced two Consent Decrees to resolve investigations into compliance with Online Public Inspection File (OPIF) obligations that arose during the review of station license renewal applications:
- The Media Bureau and the Enforcement Bureau entered into a Consent Decree with a Guam noncommercial TV station after finding that the station failed to upload its 2014-2021 Annual EEO Public File Reports to its OPIF (although it had uploaded them to its own website), and failed to timely upload 27 Quarterly Issues/Programs Lists to its OPIF during the renewal period. The Consent Decree grants the station’s renewal application for only 2 years (as opposed to the normal 8-year term) and requires the station to adopt a formal compliance plan to ensure that future OPIF violations do not occur.
- The Media Bureau entered into a Consent Decree with two Pennsylvania Class A TV stations after finding that the stations inaccurately certified their compliance with their OPIF obligations in their renewal applications when the stations each failed to timely upload 6 Quarterly Issues/Programs Lists during the renewal period. The Consent Decree grants the stations’ renewal applications for the full 8-year term but requires that the stations pay a $6,000 voluntary contribution to the U.S. Treasury and adopt a formal compliance plan.
The Media Bureau denied a petition for reconsideration of the dismissal of a construction permit application for a new Iowa LPFM station. As we noted here, the Bureau previously dismissed the application for several reasons including the application’s technical issues that were not allowed to be corrected by amendment. The Bureau rejected the applicant’s arguments in its petition including that the Bureau lacked statutory authority to prohibit major amendments to new LPFM applications, finding that the rule fell squarely within the FCC’s fundamental authority to make rules governing the assignment of radio frequencies.

On our Broadcast Law Blog, we published our annual article explaining the legal issues that can arise from advertising and promotions designed around the Super Bowl.

January 12, 2026 to January 16, 2026

The House Committee on Energy and Commerce, Communications & Technology Subcommittee held an FCC oversight hearing. The hearing featured written testimony from FCC Chairman Carr, Commissioner Gomez, and Commissioner Trusty, and questions to the Commissioners from the committee members on various broadcast issues including public interest obligations, the news distortion policy (including the FCC’s ongoing investigation of CBS), ownership rules (including the national TV ownership cap), oversight of retransmission consent fees, recent investigations of broadcasters (including those of NPR and PBS), review of the Nexstar-Tegna merger, and viewpoint diversity. Additional information and video of the hearing can be found here and here.
There have been press reports this week that the Senate Commerce Committee is planning to hold a hearing next month on the national TV ownership cap, which prohibits broadcasters from owning TV stations with a combined audience reach of more than 39% of nationwide TV households – with UHF TV station’s audience reach counting at only 50%. As we noted here, here, and here, last July, the FCC released a Public Notice seeking to refresh the record of a proceeding begun during the first Trump administration as to whether the FCC can and should modify the national ownership cap. Broadcasters and pro-business advocacy groups support relaxing or eliminating the cap, arguing that it harms broadcasters’ ability to compete against digital media giants for viewers and ad revenues. In contrast, cable and satellite operators, and pro-consumer groups, oppose changing the cap, arguing that the FCC lacks authority to do so (arguing that only Congress can change the cap) and that any relaxation would increase retransmission consent fees and cause other consumer harms.
The FCC’s Media Bureau released its quarterly Broadcast Station Totals. The release shows that, compared to the same release from a year ago, there are 41 fewer AM stations and 36 fewer commercial FM stations, but 278 more noncommercial FM stations. There were 11 more commercial UHF stations but 7 fewer commercial VHF stations, 1 more noncommercial UHF TV station, and 5 more noncommercial VHF stations.
The FCC announced that March 16 is the effective date of its November 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. In that decision, the FCC repealed several rules deemed unnecessary that dealt with the Emergency Alert System. Some of the eliminated EAS rules include rules describing nonbinding procedures for voluntary EAS participations and local area EAS plans that would otherwise exist as part of the state EAS plan (eliminated as they were not binding and thus did not need to be expressed as a rule); a rule specifying that entities may contact the FCC for guidance on EAS participation (which the FCC deemed obvious and unnecessary as a rule); and a rule authorizing broadcast stations to transmit EAS alerts using subcarriers (which the FCC said is not used in practice).
The FCC’s Enforcement Bureau proposed $20,000 fines on four individuals for pirate radio broadcasting in the New York City metropolitan area – in Brooklyn, New York, Irvington, New Jersey, and Spring Valley, New York (see here and here). Each of the individuals were connected to pirate stations through websites and social media, land records, or other means.
The Enforcement Bureau also issued a Notice of Violation against a Michigan AM station after an inspection found that the required gates enclosing the AM towers were left unlocked and its fences were in disrepair, the towers’ paint and lighting were also in disrepair, the station’s logs were not properly maintained, and the station was not operating in compliance with the FCC’s technical rules. The station must now explain to the Bureau how it will correct the rule violations and prevent future violations from occurring.
The Media Bureau dismissed five construction permit applications for new LPFM stations in Macdona, Texas; Spring, Texas; Alvin, Texas; Whaley Corner, Texas; and Mt. Charleston, Nevada for each applicant’s failure to show that it met the FCC’s LPFM ownership eligibility requirements. The Bureau found that each applicant failed to show that it was a local applicant as required by the rules because it was not physically headquartered, nor were 75% of its board members residing, within a 10-mile radius of its proposed station’s transmitter site (the distance required for LPFM stations outside of the top 50 urban markets).

January 5, 2026 to January 9, 2026

FCC Chairman Carr announced that the FCC will be considering two orders concerning foreign ownership requirements, including those for broadcasters, at its next regular monthly Open Meeting on January 29.
- The first is a Report and Order (draft available here) which will 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.” The draft Order defines foreign adversaries as the Peoples’ Republic of China, Cuba, Iran, North Korea, Russia, and Venezuela (apparently, only if related to Nicolás Maduro). 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. Information about airtime leased (as identified by a broadcaster through their required determination if any lessee of broadcast time is a representative of a foreign government – see our Broadcast Law Blog article here for background on that requirement) to foreign adversaries will also need to be reported. The draft order provides a different schedule for reporting based on the size of the broadcaster (larger broadcasters reporting more often), and some detailed rules on exactly how such reporting will be done. The FCC may revoke authorizations if an entity fails to file certifications as required or fails to timely correct certifications that the FCC finds deficient.
- The second item is a Report and Order (draft available here) that, if approved at the Open Meeting, would adopt rules clarifying the FCC’s policies for reviewing proposals under Section 310(b) of the Communications Act seeking approval for foreign ownership of more than 25% of an entity that owns or controls a broadcast licensee. Section 310(b) prohibits foreign entities, individuals, and governments from holding ownership interests of more than 20% in an FCC licensee, but it permits their ownership or control of more than 25% in a U.S. entity that directly or indirectly controls an FCC licensee, if the FCC finds that such ownership is in the public interest. The process for filing “petitions for declaratory ruling” asking the FCC to make such a public interest determination, and the standards used to evaluate these “PDRs,” have been adopted through decisions in specific cases and by a series of policy statements. This Order tries to provide a clearer statement of the Commission’s policies and procedures by embodying them in actual FCC rules. In addition, the proposed Order adopts rules that clarify how these policies apply to non-profit entities that hold broadcast licenses. If adopted, the Order will also direct the FCC’s Media Bureau to issue guidelines for processing applications by an applicant while a PDR is pending.
Also to be considered at the FCC’s Open Meeting on January 29 is a Report and Order (draft available here) which, if adopted, would allow for increased use by unlicensed wireless devices of the 6 GHz band, which is currently used by, among others, broadcast auxiliary stations. The Order would permit wireless devices to operate outdoors (these unlicensed devices are currently limited to indoor use) and at higher power than currently permitted, within parameters established in the Order designed to protect existing users of this spectrum.
The House of Representatives Energy and Commerce Committee’s Subcommittee on Communications and Technology has scheduled a hearing for January 14, 2026 at 10:15 AM Eastern Time, to review the activities of the FCC. The announcement of that hearing, to feature all three of the FCC Commissioners, is available here, and their testimony will be streamed (available here). The Senate committee that oversees the FCC had a similar hearing last month (see our note here).
The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing last week titled “Full Stream Ahead: Competition and Consumer Choice in Digital Streaming.” The hearing examined competitive dynamics in the digital streaming marketplace and the application of antitrust law to this industry as it undergoes consolidation through mergers and acquisitions. Specific discussions included the potential sale of Warner Bros. Discovery and its HBO service. The hearing also addressed how antitrust authorities define markets and measure market share, and how they evaluate evidence of potential anticompetitive effects resulting from large transactions. Additional information on the hearing, along with witness testimony and other evidence submitted for the record, is available here.
The Corporation for Public Broadcasting (CPB) announced that, due to federal funding cuts, it was formally dissolving after almost 60 years of operations. The CPB stated that without federal funding, “maintaining the corporation as a nonfunctional entity would not serve the public interest or advance the goals of public media,” and that “a dormant and defunded CPB could have become vulnerable to future political manipulation or misuse, threatening the independence of public media and the trust audiences place in it.” As we noted here, last July, Congress voted to rescind $1.1 billion of CPB’s funding for fiscal years 2026 and 2027 as part of the One Bill Beautiful Bill, thereby cutting funding to many NPR and PBS stations.
The Copyright Royalty Board announced that, by January 30, petitions to participate are due in its proceeding under Section 118 of the Copyright Act to determine the royalties to be paid by noncommercial broadcasters to ASCAP, BMI, SESAC, GMR and other performing rights organizations for the public performance of their musical works in over-the-air broadcasting. These rates are set by the CRB every five years. The new proceeding will set the rates for 2028-2032. See our article here for a discussion of the CRB’s decision setting these rates for noncommercial broadcasters for 2023-2027. The rates that commercial broadcasters pay for these rights are not set by the CRB, but through other processes (including court proceedings for ASCAP and BMI – see our article here on the most recent settlement of those proceedings – and arbitration for SESAC, see our article here).
- The CRB also announced that SoundExchange has decided to audit the payments made by several broadcasters and webcasters for the streaming of sound recordings during the period from 2022 through 2024. The list includes both commercial and noncommercial broadcasters, as well as digital companies. See our article here, published when audits were announced last year, for a description of how the audit process works.

On our Broadcast Law Blog, we published an article about our Broadcasters’ Regulatory Calendar, identifying many regulatory dates and deadlines for broadcasters in 2026, including regular FCC filing deadlines (like those for Quarterly Issues Programs lists and Annual EEO Public File Reports) as well as lowest unit charge political windows for federal, state, and local elections that will occur this year. In addition, we pulled out our crystal ball for our annual look ahead at the many legal and policy issues affecting broadcasters that we expect will be debated by the FCC, Congress, and other agencies in 2026.

December 22, 2025 to January 2, 2025

Several AM broadcasters filed a petition for rulemaking with the FCC seeking a new opportunity for licensees of AM stations to acquire FM translators. The petitioners request that the FCC permit AM stations to acquire an existing FM translator within 500 miles of their AM transmitter site and file an application to relocate the translator to an area within 25 miles of the AM site, where the FM translator can seek approval to operate on any available frequency. The petition also proposes opening an exclusive filing window for Class C and D AM stations before other AM stations can file these applications, and to permit AM stations to purchase and relocate FM translators on an ongoing basis (not just during a defined filing window). The petition proposes that each AM station be allowed to acquire up to 3 FM translators. The petitioners argue that a reinstated AM Revitalization effort is needed as AM stations continue to experience a disproportionate decline in listenership in the modern audio marketplace. Watch for an FCC request for comments on this proposal in the coming weeks.
Reply comments were due December 24 responding to the Media Bureau’s Public Notice seeking comment on the relationship between national TV networks and their affiliated local TV stations. As we noted here, the Bureau sought comment on barriers preventing local TV stations from meeting their public interest obligations and responding to the needs of their local communities, including the relationship between national networks and their local affiliates. Generally, network affiliate organizations ask the FCC to grant them more protections in their relationship with networks, including rights to negotiate retransmission consent agreements with virtual MVPDs, while networks argued that their relationship with their affiliates is a matter of contract and that the FCC should not interfere with these established business relationships. Comments (which were due December 10) and reply comments filed in response to the Public Notice can be found here.
FCC Chairman Carr released a statement summarizing “all the wins” that the FCC was “able to achieve for the American people” since he became Chairman. Carr listed several FCC actions which he said exemplified how the FCC was “empowering local broadcasters.” Carr cited the FCC’s approval of the Paramount-Skydance merger, noting the company’s commitments to ensuring a diversity of political viewpoints in programming and measures to root out news bias (see our note here). Carr also noted the FCC Media Bureau’s approvals of broadcasters’ applications to acquire two of the top-4 TV stations in the same Designated Market Area (DMA) by granting a “failing station” waiver for one such combination (see our note here) and finding that another such combination was in the public interest because it ensured the continuation of local service (see our note here) (see also our note here on the U.S. Court of Appeals for the Eight Circuit’s decision effectively doing away with the prohibition on broadcasters owning two of the top-4 TV stations in a DMA). Carr further mentioned the Media Bureau’s pending proceeding exploring the relationship between national broadcast networks and local broadcast stations (see our note here), the FCC’s pending proceeding to accelerate the ATSC 3.0 transition (see our note here), the FCC’s elimination of obsolete broadcast rules using the Direct Final Rule process (see our note here), and the FCC’s efforts to hold broadcasters accountable to their public interest obligations and empowering them to serve their local communities (without citing specific examples).
FCC Commissioner Gomez released a statement regarding reports that CBS pulled a 60 Minutes segment regarding El Salvador’s notorious CECOT prison after the Trump Administration refused to grant the network an interview for the story. Gomez condemned CBS’s decision, stating that “we are now seeing the real-world consequences of blurring the line between regulatory authority and editorial independence,” and that “a free press cannot function if the government is able to exercise veto power over critical reporting simply by refusing to engage.” Gomez also suggested that CBS’s decision to pull the story was part of efforts by Paramount, the network’s parent company, to seek favorable treatment in future regulatory approvals. Gomez further stated that she hoped “CBS provides its viewers with a clear accounting of how this decision was made and demonstrates how it will safeguard the independence of its newsroom.

On our Broadcast Law Blog, we posted our review of the regulatory dates and deadlines affecting broadcasters coming in January and in early February, including Issues Programs Lists, Children’s Television Reports, new webcasting royalties, and comment deadlines in a number of FCC proceedings – as well as lowest unit rate windows for some early 2026 primaries and local elections.

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.

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