Daily FCC & U.S. Policy Briefing — September 11, 2026

 

1. Auction 114 FM freeze starts Monday — today is the last normal business day to file

The Media Bureau's freeze on commercial and NCE FM minor-change applications begins September 14 and continues through September 30. Any covered minor-change application submitted during the window will be dismissed; Auction 114 will offer 132 vacant non-reserved FM allotments. (FCC Documentation)

Why it matters: For current FM engineering work, today is effectively the last normal filing day before a 17-day interruption. Existing FM minor changes must also protect the Auction 114 reference coordinates and, when disclosed, auction applicants' preferred-site coordinates.

Action: File any completed FM minor changes today rather than relying on Monday morning. Form 175 opens Monday at noon ET and closes September 30 at 6:00 p.m. ET.

2. FCC equal-time policy is now changing actual network programming decisions

ABC's Jimmy Kimmel says an interview with Texas Senate candidate James Talarico will be distributed online rather than aired on the ABC broadcast because of the FCC's position that daytime and late-night talk shows are not automatically exempt "bona fide news" programs under the political equal-opportunities rule. ABC's The View has likewise stopped inviting political candidates following FCC scrutiny. (Reuters)

Why it matters: The Commission's policy is no longer an abstract Washington dispute; it is affecting actual broadcast programming decisions and affiliate-carried network content during the election period. The issue is distinct from lowest-unit-charge requirements and turns on §315 equal opportunities and the bona-fide-news exemptions.

Action: Stations carrying candidate appearances outside conventional newscasts should make sure programming, traffic and counsel are identifying appearances that could trigger an equal-opportunities request. The November 3 election makes this an active compliance issue now.

3. FY 2026 regulatory-fee deadline is less than two weeks away

FCC regulatory fees for FY 2026 must be received electronically through CORES by 11:59 p.m. EDT September 24. The Media Bureau guidance specifically covers commercial AM/FM stations, FM translators and boosters, full-power TV, TV translators, LPTV and Class A television facilities. (FCC Documentation)

Why it matters: The consequence is more than the statutory 25% late penalty. The FCC can withhold action on and dismiss pending applications and other requests for benefits involving a delinquent regulatee. (FCC Documentation)

Action: This is a good point to remind commercial clients to verify their FRN/CORES access and outstanding fees rather than waiting until September 24.

4. St. George television channel substitution reaches reply-comment stage

Comments closed yesterday in MB Docket 26-195 / RM-12023, involving a proposed amendment of the TV Table of Allotments at St. George, Utah. The proposal remains a rulemaking—not an adopted channel change—and the FCC will now consider the record before deciding whether to amend §73.622(j). (FR Tracker)

Why it matters: These apparently routine channel-substitution proceedings remain worth watching because they provide current examples of how the Media Bureau is handling full-power DTV allotment changes, principal-community coverage and post-repack channel engineering.

Action: Reply comments are due September 25. No broader television filing action is required.

5. Supreme Court blocks Missouri's new congressional map for the November election

The Supreme Court of the United States yesterday blocked Missouri from using its newly redrawn congressional map in the November 3 midterms, leaving the state's previous congressional districts in place. The order followed conflicting state and federal court rulings and is immediately consequential because Republicans hold only a narrow House majority. (Reuters)

Why it matters: This is more consequential than routine campaign coverage: it determines the actual congressional districts used in November and could affect control of the House. The Court's emergency order did not resolve the broader merits of partisan redistricting.

Action: No public compliance action. For election planning, treat Missouri's prior congressional map as controlling for November 3 unless the Court issues a further order.

FCC & U.S. Policy Briefing — September 4, 2026

1. Political lowest-unit-charge window opens today — but the FCC rule is in Supreme Court limbo

The **60-day lowest-unit-charge (LUC) window for the November 3 general election begins today, September 4**. The FCC's March guidance would have extended LUC treatment beyond candidates and their authorized committees to certain party-coordinated and joint-fundraising advertising, but the Fourth Circuit **vacated that expansion on August 25**; Republican congressional committees have now asked the Supreme Court of the United States for an emergency stay.

**Why it matters:** Until the Supreme Court changes the situation, stations should **not assume that party committees or joint fundraising committees automatically qualify for LUC** merely because an advertisement is coordinated with a candidate. Candidate and authorized-campaign-committee purchases remain entitled to LUC under §315(b). This is a genuinely fluid compliance issue rather than a settled FCC policy. 

**Action:** Effective **today**, review political-ad rate treatment carefully and watch for Supreme Court action in *NRCC v. Brown*, No. 26A274. 

2. FCC–Disney fight escalates over extraordinary early reviews of eight ABC licenses

The Federal Communications Commission asked a federal court yesterday to dismiss [Disney's challenge to the FCC's early review of eight ABC-owned television licenses]

**Why it matters:** The case potentially reaches well beyond ABC. It tests how far the Commission may use the **broadcast-license review process to investigate a licensee before its normal renewal cycle**, with obvious implications for the traditional separation between FCC licensing authority and protected programming/editorial decisions. Disney characterizes the reviews as retaliation; the FCC says it is investigating allegations of unlawful discrimination. 

**Action:** No broadcaster filing is presently required. A district-court hearing is scheduled for **October 6**, and the FCC has agreed to provide at least 48 hours' notice before referring the ABC licenses for a hearing.

3. FCC opens formal review of Spanish Broadcasting System restructuring and foreign ownership

The Media Bureau has opened **MB Docket No. 26-240** covering the post-bankruptcy transfer of the license subsidiaries of Spanish Broadcasting System. SBS is also seeking a §310(b)(4) declaratory ruling allowing aggregate foreign equity and/or voting interests to exceed the normal **25% statutory benchmark**. 

**Why it matters:** This is a useful real-world test of the FCC's **January 2026 revised foreign-ownership framework for broadcasters**. The proceeding involves multiple major-market radio facilities, including WCMQ-FM Hialeah and WXDJ(FM), and may provide practical precedent for future broadcast ownership restructurings involving foreign capital. 

**Action:** **Petitions to deny: October 2; oppositions: October 19; replies: October 26.** The proceeding is permit-but-disclose. [FCC Public Notice — DA 26-933]

4. FCC systems maintenance starts tonight — avoid weekend-dependent filings

The FCC is warning that its electronic systems will undergo **scheduled maintenance beginning tonight, Friday September 4 at 6:00 p.m. ET, continuing through Sunday September 6 at 5:00 p.m. ET**. The Commission warns users to expect temporary service disruptions and periods of reduced availability.

**Why it matters:** For engineering practice this is the kind of mundane notice that can become consequential if an LMS, ASR, CORES or other Commission-system transaction is left for the weekend. It is particularly worth noting with the **Auction 114 FM freeze only ten days away** and regulatory-fee activity underway.

**Action:** Complete any time-sensitive FCC database work **before 6:00 p.m. ET today** where practical. Separately, remember that the Auction 114 commercial/NCE FM minor-change freeze starts **September 14**, and FY2026 regulatory fees are due **September 24**.

5. Administration takes new mail-ballot restrictions directly to Supreme Court

The Trump administration asked the Supreme Court yesterday to permit enforcement of a new United States Postal Service rule tightening requirements for mail ballots ahead of the **November 3 midterm election**. The rule would require states to supply voter-specific lists and use approved ballot-mail envelopes with unique barcodes; USPS could refuse ballots that do not comply. A federal judge temporarily blocked the rule August 27, finding that it likely intrudes on states' constitutional election authority and that compliance on the compressed timetable may be impracticable.

**Why it matters:** This is potentially consequential election administration rather than ordinary campaign politics. The administration argues the standards protect against fraud; the challenging states and voting-rights groups contend they could prevent otherwise legitimate ballots from being delivered. The Supreme Court has **not yet resolved the merits**, so the ultimate rules for November remain unsettled.

**Action:** No individual action at present, but watch for rapid Supreme Court action because election-mail preparation is already underway.

FCC & U.S. Policy Briefing — September 3, 2026

 

1. FCC opens CORES for FY 2026 regulatory fees — September 24 deadline

The FCC has opened CORES for FY 2026 regulatory-fee payments. Commercial AM/FM, FM translators and boosters, full-power TV, LPTV and Class A facilities are among the media services covered; payment must be completed electronically by 11:59 p.m. EDT September 24. 

Why it matters: A late payment triggers an immediate 25% statutory penalty, and delinquency can cause the FCC to withhold action on or dismiss pending applications. The licensee or permit holder on the payment due date bears the obligation even where an assignment occurred after October 1, 2025. 

Action: Have commercial broadcast clients verify their CORES/FRN access and fee obligations now; don't leave electronic payment troubleshooting until September 24.

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2. Auction 114 FM freeze begins September 14 — file pending minor changes beforehand

The Media Bureau's Auction 114 FM minor-change freeze begins September 14 when the Form 175 window opens. During September 14–30, the FCC will not accept commercial or NCE FM minor-change applications; applications submitted during the freeze will be dismissed. Auction 114 contains 132 vacant non-reserved FM allotments. 

Why it matters: This directly affects ordinary FM engineering work. Pending minor-change proposals should also be checked for protection of the Auction 114 allotment reference coordinates and, once disclosed, protected preferred-site coordinates.

Action: File ready FM minor changes before September 14. Auction applicants have until 6:00 p.m. ET September 30 to submit Form 175; bidding begins February 2, 2027. 

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3. EAS modernization: cybersecurity work and September 29 reply-comment deadline

The FCC's EAS modernization proceeding remains one of the more consequential technical compliance matters for broadcasters this month. The June order addresses cybersecurity safeguards for EAS and related networked broadcast equipment, while the accompanying Further Notice continues consideration of additional EAS/WEA changes; reply comments are due September 29 in PS Dockets 25-224, 15-94 and 15-91.

Why it matters: EAS is increasingly an IT/network-security issue as well as a Part 11 issue. Password management, software/firmware maintenance and isolation of Internet-accessible equipment deserve engineering review rather than being left solely to station administrative staff.

Action: Put September 29 on the engineering/compliance calendar and review EAS network exposure, credentials and update practices.

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4. FCC's 2026 broadcast EEO audit responses are due October 20

The Enforcement Bureau has selected roughly 5% of radio and television stations for its 2026 random EEO audits. Selected stations must upload the principal audit response to their FCC-hosted online public inspection files by October 20, 2026; certain privacy-sensitive responses are instead submitted directly to the Enforcement Bureau by email. 

Why it matters: This is easy for engineering-oriented clients to overlook because it is not an LMS filing. Stations should verify whether any facility in their ownership group or associated employment unit appears on the audit list.

Action: Check client call signs against the FCC's August 21 audit list now. Affected stations have about seven weeks remaining to assemble the required records.

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5. Federal shutdown avoided: stopgap funding signed through December 11

President Trump signed H.R. 6500, the Continuing Appropriations and Extensions Act, 2027, on September 2. It funds federal agencies through December 11, 2026, eliminating the immediate October 1 shutdown risk while Congress continues work on the FY 2027 appropriations bills. 

Why it matters: For broadcast practitioners, this materially reduces the near-term risk of disruption to FCC application processing, Media Bureau/OET work, FAA and other federal regulatory functions during an already busy fall filing period.

Action: No immediate filing action. The next federal-funding pressure point is December 11, which is worth keeping in view for filings or federal approvals expected late in the year.

Edited - republished from This Week in Regulation for Broadcasters:  April 29, 2024, to May 3, 2024, | Broadcast Law Blog  -- 

This Week in Regulation for Broadcasters:  April 29, 2024 to May 3, 2024

By David Oxenford & Keenan Adamchak on May 5, 2024

POSTED IN AM RADIO, ARTIFICIAL INTELLIGENCE, EEO COMPLIANCE/DIVERSITY, EMERGENCY COMMUNICATIONS, FM RADIO, FM TRANSLATORS AND LPFM, GENERAL FCC, INTELLECTUAL PROPERTY, MUSIC RIGHTS, NONCOMMERCIAL BROADCASTING, POLITICAL BROADCASTING, PROGRAMMING REGULATIONS, PUBLIC INTEREST OBLIGATIONS/LOCALISM

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

• The FTC announced that it will hold a 45-minute webinar on May 14 at 11:00 a.m. ET to provide an overview of its final rule banning noncompete agreements.  As we discussed in our update last week, the FTC banned the use of noncompete provisions in employment agreements (and clauses that act like noncompetes by limiting employee mobility) except in connection with the sale of a business.  The webinar is free and open to the public to provide information about compliance with the new rule.  The FTC requests that participants submit questions ahead of the webinar, by emailing them asknoncompete@ftc.gov.  A link to the webinar will be available on the FTC’s website on the day of the event, and a recording of the webinar will later be made available on the site.  The FTC has also posted a Business and Small Entity Compliance Guide about the new rule.
• On Capitol Hill, there were a number of actions potentially impacting broadcasters:
  • The House Subcommittee on Innovation, Data, and Commerce held a hearing titled “Draft Legislation to Preserve Americans’ Access to AM Radio.”  At the hearing, the subcommittee considered the proposed AM for Every Vehicle Act, which requires that automobile manufacturers retain AM radio in the car dashboard.  As we recently discussed on our Broadcast Law Blog, while this Act has garnered much support on Capitol Hill, there have been concerns regarding mandates on the car industry to protect the AM technology that some see as outdated.  The hearing included testimonies from witnesses representing radio manufacturers, carmakers, broadcasters, and the Navajo nation.  A recording of the hearing can be found here, a copy of the hearing can be found here, and the witnesses’ written testimony can be found here, here, here, and here.  This week, press reports indicated that there are 250 sponsors of the bill in the House (well more than a majority), and a 60-sponsor supermajority in the Senate– making the bill filibuster-proof.  The bill, however, must be brought to the floor of each chamber for a vote before President Biden can sign it into law.  No dates for such votes have been set. 
  • The Senate Subcommittee on Intellectual Property held a hearing titled “The NO FAKES Act: Protecting Americans from Unauthorized Digital Replicas.”  At the hearing, the subcommittee considered a draft of the Nurture Originals, Foster Art, and Keep Entertainment Safe (“NO FAKES”) Act, which seeks to protect actors, musicians, and other performers’ likenesses from unauthorized replicas that are generated using artificial intelligence.  The hearing featured testimony from record labels, entertainment industry associations, and academia.  Further information on the hearing, including video and testimony, is available here. 
  • The House Subcommittee on Oversight and Investigations announced that it will hold a hearing on May 8 at 10:00 a.m. ET titled “Examining Accusations of Ideological Bias at NPR, a Taxpayer Funded News Entity.”  At the hearing, the subcommittee members will question NPR’s President and CEO, Katherine Maher, regarding concerns over NPR’s lack of diversity in the viewpoints of its staff and in its coverage of issues.  The hearing will be live streamed and available here.
• When will broadcasters have to file the FCC Form 395B report – classifying their employees into job categories and reporting on their race, ethnicity, and gender?  Activity this week related to the FCC’s February Report and Order (see our article here) voting to reinstate the Form could affect the answer to that question:
  • The FCC announced that the Order will become effective on June 3.  However, compliance will not be required until the Office of Management and Budget (OMB) completes its review of the form to be used for the reports.  The FCC’s Media Bureau will issue a public notice announcing the deadline when the OMB review is complete.  Once that happens, broadcasters would need to file each year by September 30.
  • However, two petitions for reconsideration (see here and here) were filed by Catholic broadcasting groups asking the FCC to revisit its reinstatement of the Form.  The petitioners oppose the FCC’s inclusion of a non-binary option for the Form’s gender identity reporting category arguing, among other things, that this option violates their First Amendment religious freedoms by compelling speech about a gender option in which they do not believe.  One petitioner requests that the FCC suspend broadcasters’ obligation to comply with the gender identity reporting requirement while the matter remains pending.  Instead of asking the FCC to review its own action reinstating the Form, the National Religious Broadcasters (NRB) association and one of its members, American Family Association, filed a petition for review with the US Court of Appeals, seeking to have the Court overturn the FCC’s action (see the NRB Press Release).  Other court appeals may follow. 
• The FCC’s Media Bureau affirmed its dismissals of three LPFM construction permit applications due to the applicants’ failure to comply with the FCC’s rules governing new LPFM station applications:
  • The Bureau affirmed its dismissal of an Alabama LPFM construction permit application because the proposed coordinates for its transmitter site were such that the applicant was not local as required by the rules (neither its headquarters nor the residence of 75% of its board members were within required radius of its proposed station’s transmitter site – 10 miles in the Top 50 markets, 20 mile outside those markets).  The Bureau rejected the applicant’s request to correct what it claimed was a clerical error in the coordinates, explaining that the qualification requirements must be met based on the information in an applicant’s “Tech Box” portion of its initial application, and the failure to meet those requirements cannot be corrected after the application filing deadline.
  • The Bureau affirmed its dismissals of a Washington and a Pennsylvania LPFM construction permit applications for their failures to meet the minimum distance spacing requirements necessary for protecting nearby FM and LPFM stations, rejecting each applicant’s arguments for reinstatement of their applications because the LPFM application procedures clearly state that initial applications failing to show compliance with the FCC’s channel spacing requirements are to be dismissed without an opportunity to amend.  In the Pennsylvania decision, the Bureau again made clear that it relies on the technical parameters submitted in the “Tech Box” portion of the initial application – not on information set out elsewhere in the application or otherwise “widely known.”
• The FCC’s Media Bureau released a Notice of Proposed Rulemaking asking for comments on an applicant’s petition for rulemaking proposing the substitution of Channel 285C1 for vacant Channel 235C1 at Canadian, Texas to allow its station KPQP, Panhandle, Texas to move from Channel 291C3 to Channel 235C3.  Comments and reply comments in response to the petition will be due June 24 and July 9, respectively.

On our Broadcast Law Blog, we took a look at the upcoming regulatory deadlines affecting broadcasters in May, including comment deadlines on a number of emergency communications proposals, the effective dates of the FCC’s zonecasting order allowing the origination of limited amounts of programming by FM booters, and the opening of several windows for Lowest Unit Rates required to be charged for ad time bought by political candidates in upcoming elections. 

 Edited - republished from This Week in Regulation for Broadcasters:  April 22, 2024, to April 26, 2024, | Broadcast Law Blog  -- 

This Week in Regulation for Broadcasters:  April 22, 2024 to April 26, 2024

By David Oxenford & Keenan Adamchak on April 28, 2024

POSTED IN ADVERTISING ISSUES, AM RADIO, ARTIFICIAL INTELLIGENCE, ASSIGNMENTS AND TRANSFERS, EEO COMPLIANCE/DIVERSITY, EMERGENCY COMMUNICATIONS, FCC FINES, FM RADIO, FM TRANSLATORS AND LPFM, GENERAL FCC, LICENSE RENEWAL, LOW POWER TELEVISION/CLASS A TV, MULTIPLE OWNERSHIP RULES, NONCOMMERCIAL BROADCASTING, PAYOLA AND SPONSORSHIP IDENTIFICATION, POLITICAL BROADCASTING, PROGRAMMING REGULATIONS, PUBLIC INTEREST OBLIGATIONS/LOCALISM, TELEVISION, TOWER ISSUES

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

• Perhaps the biggest regulatory news of the past week came not from the FCC, but instead from the Federal Trade Commission.  The FTC, in a 570-page order, adopted rules that ban the use of noncompete provisions in employment agreements (and clauses that act like noncompetes to limit employee mobility) in virtually all instances except when the promise of a noncompete is by a seller in connection with their sale of a business. The rules apply to anyone working for a company, including interns and independent contractors. Beginning at page 367 of its order, the FTC rejected arguments that contracts with broadcast on-air talent should be exempt from the ban, suggesting that companies have other ways to protect their investment in employees other than through noncompete agreements.  While applauded by labor and employee-rights organizations, the action has been condemned by many business groups who, in some cases have already challenged the FTC’s authority to adopt such a sweeping decision impacting so many aspects of the economy based solely on the FTC’s authority to prohibit unfair methods of competition.  Unless stayed by the FTC or by a Court, the rule will go into effect 120 days after it is published in the Federal Register. 
• In a ruling that may impact many “side-car” companies that buy TV stations and enter into agreements with other broadcast companies that cannot own the station because of FCC ownership rules, the FCC’s Media Bureau granted an application proposing the assignment of TV station WADL, Mount Clemens, Michigan to Mission Broadcasting, a company closely related to Nexstar Media, Inc.  However, the grant came with many conditions that may well undermine Mission’s plans for the station.  Objections were filed against the application alleging that Nexstar will have de facto control of WADL or will exercise control of the station’s retransmission consent rights to the detriment of video programming distributors and consumers.  While the Bureau permitted Mission to acquire WADL, it imposed a number of conditions to limit Nexstar’s control, including prohibiting Nexstar from financing WADL’s acquisition (it cannot even provide a loan guarantee), it cannot have an option to acquire WADL in the future, Mission must keep at least 70% of all of WADL’s advertising revenue, and Nexstar cannot provide more than 15% of WADL’s programming (even though the station was going to be a CW affiliate, and CW is owned by Nexstar). 
• The Media Bureau entered into a Consent Decree with a New York noncommercial educational (NCE) FM station to resolve an investigation into its compliance with the FCC’s underwriting and sponsorship identification rules.  Petitions challenging the station’s license renewal alleged that, during station fundraising activities, its on-air hosts (or their guests) were allowed to promote their own products and services – efforts which entailed repeatedly mentioning the price of the promoted product or service and excessively complimenting or praising the promoted item, with the station getting a portion of the proceeds to fund its operations.  While the objections acknowledged that NCE stations can give away premiums to donors, those premiums are usually pre-purchased by the station at a flat fee, and don’t involve the station in revenue sharing promotions that benefit commercial companies.  This conduct seemingly led to the reference in the Consent Decree that the station impermissibly promoted for-profit products and services in spots that contained comparative and qualitative descriptions, pricing information, calls to action, and other inducements to buy, all prohibited by the NCE rules.  The Decree imposed a short-term license renewal, required payment of a $25,000 civil penalty and a compliance plan to ensure future compliance with FCC rules.   
• 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 a report to Congress on competition issues and sometimes references the reports in proceedings dealing with competition, including FCC proceedings dealing with its ownership rules. Comments are due June 6 and reply comments are due July 8. 
• The FCC’s Public Safety and Homeland Security Bureau extended the comment deadlines for the FCC’s January Notice of Proposed Rulemaking proposing to require TV and radio stations to file reports regarding station operational outages in the FCC’s Network Outage Reporting System (NORS) database and on their operating status during disasters in the FCC’s Disaster Information Reporting System (DIRS) database. Reporting by broadcasters is now optional, but the FCC asks in this proceeding if that obligation should be mandatory.  Comments and reply comments are now due May 13 and June 12, respectively. 
• As the result of the FCC’s sweep of the Boston area (and other parts of Massachusetts) for pirate radio activities, the FCC proposed to fine seven Massachusetts pirate radio operators.  The PIRATE Act requires such sweeps in markets with substantial pirate radio activity and authorized fines (recently adjusted for inflation) of up to $119,555 per day and a maximum of $2,391,097.  The pirate radio operators have 30 days to pay either pay their fines or to object to the FCC’s proposed action.  The FCC proposed the following fines against each pirate radio operator: a $120,000 fine for broadcasting on 101.9 FM in Boston, MA, a $20,000 fine for broadcasting on 87.9 FM in Hyannis, MA, a $40,000 fine for broadcasting on 102.1 FM in Brockton, MA, a $40,000 fine for broadcasting on 93.1 FM in Cotuit, MA, a $40,000 fine for broadcasting on 96.5 FM in Brockton, MA (which involved 2 pirate operators), and a $597,775 fine for broadcasting on 89.3 FM in Mattapan, MA and on 105.3 FM in Brockton and Randolph, MA.
• The FCC’s Media Bureau granted several assignment applications related to Cumulus Media’s debt restructuring, conditioned on the suspension of a foreign investor’s voting rights and involvement in Cumulus’ management until the Bureau completed its review of a this new investor. In 2020, the FCC approved Cumulus’ petition to exceed the 25% limit on foreign investment set out in Section 310(b)(4) of the Communications Act – provided that Cumulus would in the future request specific approval for any new foreign investor proposing to hold more than a 5% voting or equity interest.  In January 2024, a Singaporean investor filed a report with the U.S. Securities and Exchange Commission (SEC) stating that it had interests in Cumulus exceeding the 5% threshold.  Cumulus then filed a petition seeking FCC approval of this new foreign investor, stating that it did not solicit the non-compliant foreign investment and was unaware of it until the SEC report was filed.  Because Cumulus was not responsible for the foreign investment and the current applications were unrelated to the qualifications of this investor, the Bureau waived its normal process of approving all foreign investors first and issued the conditional grant.
• The Bureau affirmed its dismissal of an Oregon FM station’s license renewal application pursuant to Section 312(g) of the Communications Act, which states that a station’s license will be automatically cancelled if the station that has not operated as authorized for a full year, unless the FCC finds that there are public interest factors warranting the preservation of the license.  Here, the station operated from an unauthorized location for over a year, leading to the cancellation.  The Bureau rejected the licensee’s claim that no authority was necessary as its move of its antenna from one site to another was less than one second different in geographical coordinates, concluding that a move of less than three seconds does not require a construction permit only when it involves a coordinate correction, and even then, the move requires FCC approval in a license application after the move. Neither a construction permit nor a license application was filed by this licensee.  The Bureau also dismissed the station’s argument that it was exempt from requesting authority to move to a new transmission facility as the antenna at the new site was mounted in a tree, and thus did not require construction of a new tower.  The Bureau dismissed the station’s argument as baseless, noting that placing a station’s antenna in a tree required prior FCC authorization just as placement of a station’s antenna on a tower because the FCC needs to know the precise location of any station’s transmission facilities to ensure adequate interference protection to other stations and the safety of air navigation.  Finally, the Bureau rejected the station’s argument that its license should be reinstated since it provided a second, noncommercial service within a Tribal area because the FCC does not recognize such service as providing an exception to Section 312(g). 

• The Bureau proposed a $3,000 fine against a Class A TV station operated by a well-known Massachusetts noncommercial operator for failing to timely upload one quarterly issues/programs list and six children’s programming reports to its online public inspection file.  These documents were uploaded between one day and over one year late. The operator argued that the late-filed quarterly issues programs list should be excused as it acquired the station only two weeks before the end of the quarter, and it has to wait for program information from the prior owner.  The FCC faulted the licensee for not having timely uploaded information for the portion of the quarter in which it did hold the license. 
• The Media Bureau took several actions concerning LPFM stations:
  • The Bureau dismissed two Texas LPFM construction permit applications (see here and here) because the applicants failed to demonstrate that they were nonprofit organizations eligible to be LPFM licensees finding that the organizational document provided by each applicant did not demonstrate that it was been filed and accepted by a state as a valid nonprofit organization. 
  • The Bureau affirmed its dismissals of LPFM construction permit applications in Washington and Wisconsin because the applicants failed to meet the co-channel and/or second-adjacent channel spacing requirements for protecting nearby full-power FM stations.  The Bureau rejected each applicant’s arguments for reinstatement of their applications because the LPFM application procedures clearly state that applications failing to comply with the co-channel and/or second-adjacent channel spacing requirements would be dismissed without an opportunity to amend.  In the Washington case, the Bureau noted that applicants relying on staff advice do so at their own risk.  In the Wisconsin decision, the Bureau noted that it relies on the technical parameters submitted in the “Tech Box” portion of the application – not parameters set out in any attached exhibit – and as the information in the applicant’s Tech Box did not show compliance with the spacing requirements, the application must be dismissed. 
• In a very rare, if not unprecedented action, SGCI Holdings III LLC, the Standard General company that had sought to acquire the TEGNA television stations, and its managing member Soohyung Kim, filed a civil lawsuit against the FCC, Chairwoman Jessica Rosenworcel and Media Bureau Chief Holly Sauer personally, 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 had conspired to cause the FCC to “pocket veto” the transaction by designating it for hearing (see our article here) for discriminatory reasons because Mr. Kim was not the “right type of minority.”  For more details, see press reports about the lawsuit here, here, here, here, and here (note that several have links to the complaint, and that several are subscription sites). 

On our Broadcast Law blog, we discussed the 11 states that had enacted state laws regulating the use of artificial intelligence (or “deep fakes” or “synthetic media”) in political advertising – with some states purporting to ban the use entirely, and most allowing it if it is labeled to disclose to the public that the images or voices that they are experiencing did not actually happen in the way that they are portrayed.  As noted in the article, there are concerns about some states imposing obligations on broadcasters to ensure that AI in political ads is properly labeled when broadcasters have no way to know if AI has in fact been used and, for candidate ads, the broadcaster cannot reject the ad because of the “no censorship provisions” of Section 315 of the Communications Act even if they know AI has been used.  Since we published the article, two additional states (New York and Florida) have enacted AI statutes.   

Tags: artificial intelligence in political ads, competition to broadcasters, deep fakes, DIRS, fines for pirate radio, foreign ownership of US broadcast stations, FTC noncompete rulemaking, fundraising for noncommercial broadcasters, local television ownership rules, LPFM interference, LPFM qualifications, marketplace competition, noncompete agreement, online public file, pirate radio, quarterly issues programs lists, Section 312(g), side car arrangement, synthetic media, tegna acquisition, unauthorized operations of radio station, underwriting spots on noncommercial stations

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 Edited - republished from This Week in Regulation for Broadcasters:  April 15, 2024, to April 19, 2024, | Broadcast Law Blog  -- 

This Week in Regulation for Broadcasters:  April 15, 2024, to April 19, 2024

By David Oxenford & Keenan Adamchak on April 21, 2024

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

• The FCC announced several dates and deadlines in proceedings of importance to broadcasters:
• The FCC announced that May 16 is the effective date of its decision authorizing limited program origination by FM booster stations.  This means that, beginning on May 16, a licensed FM station may seek experimental authority for up to a year (which can be renewed) to originate up to 3 minutes of programming per hour on an FM booster station.  The FCC also announced that comments are due May 16 on the FCC’s proposals for the final service and licensing rules for FM booster stations that originate programming.  Reply comments are due June 17.  See our Broadcast Law Blog article here for more details on this FCC decision.
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• The FCC announced that comments are due May 20 in response to its Notice of Proposed Rulemaking proposing a new Emergency Alert System (EAS) alert code for missing and endangered adults.  In the Notice, the FCC is seeking comment on whether to apply the new EAS alert code to individuals over the age of 17, missing adults with special needs, and missing adults who are endangered or who have been abducted or kidnapped.  Reply comments are due June 17. 
• • The FCC announced that April 19 is the effective date of its Report and Order requiring cable operators and direct broadcast satellite (DBS) providers to specify the “all-in” price for video programming in their promotional materials and on subscribers’ bills.  The “all-in” price includes all video programming charges, including those for broadcast retransmission consent, regional sports, and other programming.  Although the Order is effective, cable and DBS operators have until December 19, 2024 to comply with the new rules (or later if the Office of Management and Budget has not completed its review of the new rules by then).  Small cable operators (those with $47 million or less in annual receipts) will have until March 19, 2025 to comply with the “all-in” rule. 
• The FCC released a Notice of Proposed Rulemaking (NPRM) seeking comments regarding the current state of the marketplace for diverse and independent video programming – including the obstacles faced by independent programmers (non-broadcast programmers that are not affiliated with either a multichannel video programming distributor (MVPD), broadcast network, or broadcast station licensee) in seeking carriage by MVPDs and online video distributors (OVDs).  In 2016, the FCC launched a proceeding to examine these questions, which it terminated in 2020 after it did not receive comments on the issues.  The FCC has now determined that it needs to revisit these issues after its 2020 Communications Marketplace Report identified concerns about marketplace obstacles faced by independent programmers.  To alleviate these concerns, the FCC proposes to prohibit certain contractual provisions in program carriage agreements between independent programmers and MVPDs -most favored nation provisions (terms that entitle MVPDs to more favorable contractual terms that a programmer has provided to another MVPD or OVD) and provisions that restrict alternative distribution methods including limiting a programmer from exhibiting its programming on OVDs.  While the FCC said that it is not aware of concerns about the effect of these contractual terms on programmers affiliated with a broadcast network or station licensee, it nevertheless seeks comment on whether its proposed ban should cover these entities as well.
• The House Energy and Commerce Committee announced that the Subcommittee on Innovation, Data, and Commerce will hold a hearing on April 30 titled “Draft Legislation to Preserve Americans’ Access to AM Radio.”  At the hearing, the subcommittee will consider the proposed AM for Every Vehicle Act, which requires that automobile manufacturers retain AM radio in the car dashboard to prevent carmakers from removing AM (and potentially FM) from the car and replacing it with other entertainment options.  As we discussed on our Blog last week, while this Act has garnered much support on Capitol Hill, there has been a concern among some legislators as well as the Editorial Board of the Wall Street Journal about mandates on the car industry, particularly to protect the AM technology that some see as outdated.  The hearing will be live streamed here.
•  The Senate Judiciary Committee’s Subcommittee on Privacy, Technology and the Law held a hearing on April 16 to discuss “AI: Election Deepfakes.”  State government officials and AI specialists talked about the potential for deepfakes to disrupt elections and steps that can be taken to minimize the threat they pose.  A video recording of the hearing, and witness statements, are available on the committee’s website, here. 
• The FTC announced that it will hold an open meeting on April 23 to issue a final rule that would prohibit most employers from using noncompete clauses in employment agreements.  In January 2023, the FTC proposed to prohibit not only noncompete agreements but also any agreement that has the same effect as a noncompete agreement, including broad nondisclosure agreements that would preclude a worker from working in their field at a new company, or contract clauses that require an employee to repay a company for training costs if the employee leaves.  The proposed rule would apply not just to employees, but also to independent contractors, interns, and others performing work for a company.  The text of the final rule will not be made public until after the FTC vote at its April 23 meeting. 
• The FCC’s Media Bureau released a Notice of Proposed Rulemaking asking for comments on a TV station’s petition for rulemaking that proposes the substitution of Channel 33 for Channel 13 at Jacksonville, Florida.  The petitioner is proposing the channel substitution due to the inferior quality of its VHF channel.  The petitioner notes that although the proposed move to Channel 33 by its station – an NBC affiliate – would result in a reduction in the number of viewers served, the proposed change would not result in the loss of NBC service because NBC service is provided by other NBC stations whose contours overlap those of the station.  The petition serves as another example of the superiority of UHF channels for the transmission of digital TV signals.

On our Broadcast Law Blog, we discussed the FCC’s regulations on how broadcasters conduct on-air contests and the importance that the FCC places on stations abiding by the rules that they adopt to govern their contests. This follows the FCC Enforcement Bureau’s recent proposed fine on a California FM station for failing to deliver a winner’s prize in the time set by the contest rules.

NEW NCE FM Window - More Information

More information and a really good summary can be found on the Foster Garvey law firm site.  

If you are new to the FCC process of awarding applicants for non-commercial FM stations - particularly the point-system used to decided tie-breakers between completing applicants - you need to read the summary of "Key Considerations" by following the link below:

FCC’s Noncommercial FM Filing Window Opens in Early 2021 – Key Considerations for Applicants: Foster Garvey PC: Law Firm - Attorneys