FCC & U.S. Policy Briefing — October 5, 2026

 

1. FCC finalizes elimination of the 39% national television ownership cap

The FCC has released the final text of its order eliminating the 39% national television audience-reach cap. Transactions exceeding the former limit will instead receive case-by-case public-interest review, considering factors such as local programming, innovation, retransmission-consent costs and employment; Commissioner Gomez dissented, arguing that Congress—not the FCC—set the 39% limit. Broadcast Law Blog

Why it matters: This is a major structural change in television ownership policy and substantially increases the potential scale of future station-group transactions. The Commission's legal authority to abolish the congressionally established limit is likely to be challenged.

Action: No station filing required. For TV ownership/transfer work, use the new case-by-case framework and watch for court challenges and the Federal Register effective date.

2. Political-advertising LUC proceeding gets another comment round

The Media Bureau has opened another comment period concerning its March guidance that lowest-unit-charge treatment applies to certain candidate-authorized advertising purchased by political parties and joint fundraising committees. The current policy remains operative; the Commission has not yet rescinded or modified it. Broadcast Law Blog

Why it matters: This lands squarely in the general-election political window and affects station pricing decisions now. The additional proceeding also makes a policy reversal before the November election increasingly unlikely.

Action: Comments due October 12; replies October 19. Stations should continue applying the existing Media Bureau LUC guidance unless the Commission or a court changes it.

3. Upper C-band transition could affect broadcast satellite receive sites

The Wireless Telecommunications Bureau is seeking comment on its Upper C-band Transition Preliminary Cost Catalog. Incumbent earth stations displaced or modified as the 3.7–4.2 GHz band is further cleared for terrestrial wireless service may qualify for reimbursement, and the FCC is considering whether the procedures used in the earlier lower-C-band transition should largely be reused. Broadcast Law Blog

Why it matters: Broadcasters still using licensed C-band receive facilities for network or syndicated programming should not treat this as merely a wireless proceeding. Equipment replacement, retuning, filtering and other transition expenses can become reimbursable engineering costs.

Action: Comments due October 20; replies November 9. For affected clients, verify earth-station licensing and existing equipment before the transition process advances.

4. October broadcast compliance calendar — Q3 public-file and EAS filings approaching

Full-power radio and television stations and Class A TV stations must upload their third-quarter Issues/Programs Lists by October 13 (the normal October 10 date falls on a weekend). Separately, EAS participants must submit their 2026 ETRS Form One by October 30 ahead of the November 17 nationwide EAS test. Michigan Media

Why it matters: Issues/Programs Lists remain a frequent source of public-file violations, while the ETRS filing should also prompt an engineering check of EAS monitoring assignments, firmware, CAP connectivity and equipment clocks.

Action: October 13 — Q3 Issues/Programs List. October 30 — ETRS Form One. November 17 at 2:20 p.m. ET — nationwide EAS test.

5. Supreme Court opens new term today with major federal-state power cases

The Supreme Court of the United States begins its new term today with a docket involving immigration, voting, firearms and executive authority. Today's opening argument involves whether state-law climate-damage suits against oil companies are displaced by federal law; nearly 60 similar cases could be affected, making the case an important test of the boundary between federal and state regulatory authority. Reuters

Why it matters: Several cases this term could materially redefine the respective powers of the federal government, states and the executive branch rather than simply resolve individual disputes. Today's climate case is the first significant example.

Action: No immediate compliance action. A decision in the climate case is expected by June 2027; the Court's forthcoming immigration and voting cases warrant particular attention as the term develops.

FCC & U.S. Policy Briefing — October 2, 2026

1. NCE translator filing freeze begins tonight

The Media Bureau stops accepting reserved- and nonreserved-band LPFM, FM translator and FM booster minor-modification applications at 11:59 p.m. ET tonight, October 2. The freeze continues through the November NCE reserved-band translator window, which runs November 4–17.

Why it matters: This is the key engineering cutoff for the upcoming NCE translator work. Once tonight's filings are incorporated, the secondary-service landscape should be substantially fixed for final channel/preclusion studies.

Action: File any necessary LPFM/translator/booster minor changes before 11:59 p.m. ET tonight. Afterward, refresh the FCC database before performing final November-window studies. FCC Docs

2. FCC formally eliminates Form 395-B broadcast employment reporting requirement

The Media Bureau yesterday ordered removal of the broadcast Form 395-B race, ethnicity and gender employment-reporting provisions from Parts 73 and 74, conforming the rules to the Fifth Circuit's 2025 decision that the FCC lacked statutory authority for the requirement. The change becomes effective upon Federal Register publication; the reporting requirement had already been suspended, so stations have no new filing obligation.

Why it matters: This finally cleans up the rulebook after the unsuccessful 2024 attempt to revive Form 395-B. Importantly, ordinary broadcast EEO requirements and FCC EEO audits remain in force.

Action: No Form 395-B filing is required. Stations receiving a 2026 EEO audit letter still face the separate October 20 response deadline. Radio World

3. October 10 Quarterly Issues/Programs List deadline approaching

Full-power radio and television stations must place their third-quarter Issues/Programs Lists covering July 1–September 30 in their online public inspection files by October 10. The lists must identify the significant community issues addressed during the quarter and programming responsive to those issues.

Why it matters: This remains one of the most common public-file compliance vulnerabilities encountered during license renewal and FCC review. Translators do not independently carry this obligation, but the originating full-power station does.

Action: October 10 deadline. Begin assembling the Q3 list now rather than reconstructing programming records at the last minute. Broadcast Law Blog

4. FCC's new tower environmental rules are now released — 200-foot threshold deserves attention

The text of the FCC's September 30 NEPA overhaul, FCC 26-64, is now available. The Commission concludes that privately constructed facilities generally are not subject to FCC NEPA review unless Commission action such as Antenna Structure Registration makes the project a major federal action; in practice, towers 200 feet or shorter and sufficiently removed from airports can often fall outside ASR and therefore the FCC's NEPA process. Separate Section 106 historic-preservation, RF exposure and Endangered Species Act requirements are not automatically eliminated.

Why it matters: This is directly relevant to AM/FM/TV tower siting and could substantially simplify environmental processing for some new broadcast structures. The accompanying proceeding considers further changes to historic-preservation review, but those are proposals, not current rules.

Action: For new tower projects, distinguish NEPA/ASR requirements from Section 106 and other federal obligations rather than assuming the entire environmental process disappeared. Watch Federal Register publication for effective and comment dates. Wireless Estimator

5. Supreme Court's new term opens Monday with major executive-power cases

The Supreme Court of the United States begins its new term Monday, October 5, with a docket containing consequential disputes involving Trump administration immigration policies, voting restrictions, firearms regulation, climate liability and LGBT rights. Yesterday the Court also agreed to review the administration's policy requiring mandatory detention of millions of immigrants during removal proceedings; numerous lower-court judges have found the policy unlawful.

Why it matters: The term is shaping up as another major test of the scope of presidential and federal administrative authority, with decisions potentially affecting immigration enforcement, election administration and federal-state power well beyond the individual cases.

Action: No immediate compliance action. Watch the cases involving executive authority particularly closely as arguments begin this month; acceptance of a case for review does not indicate how the Court will rule. reuters.com

FCC & U.S. Policy Briefing — October 1, 2026

 

1. FCC adopts major rewrite of NEPA environmental-review rules

The FCC yesterday adopted its Report and Order and Further NPRM in WT Docket 25-217, narrowing the communications facilities treated as “major Federal actions” subject to NEPA and streamlining environmental assessments and related procedures. Facilities requiring Antenna Structure Registration remain an important dividing line, while the accompanying FNPRM continues consideration of changes to National Historic Preservation Act review. Radio World

Why it matters: This can directly affect the permitting path for new or modified broadcast towers, particularly the relationship among FCC authorization, ASR and environmental review. It is potentially useful deregulation, but it does not eliminate environmental or historic-preservation obligations generally.

Action: For new tower projects, use the newly adopted order rather than the former blanket assumptions about FCC NEPA review. Watch for the Federal Register publication, effective date and FNPRM comment deadlines.

2. NCE translator freeze deadline is tomorrow night

The Media Bureau will stop accepting reserved- and nonreserved-band LPFM, FM translator and FM booster minor-modification applications after 11:59 p.m. ET Friday, October 2. The freeze then remains in place through the close of the NCE reserved-band translator window. FCC Docs

Why it matters: For the November translator work, this is effectively the database cutoff for secondary-service modifications that could change channel availability. After tomorrow night, the engineering environment becomes substantially more stable for final preclusion studies.

Action: Deadline: October 2, 11:59 p.m. ET. After the freeze takes effect, refresh the FCC database and rerun final channel/preclusion studies against that frozen landscape.

3. NCE translator window details now particularly important — November 17 is also the comparative “snapshot”

The first reserved-band NCE FM translator window opens November 4 at 12:01 a.m. ET and closes November 17 at 6:00 p.m. ET. The Media Bureau specifically states that the November 17 closing date is also the snapshot date for establishing comparative points and comparing mutually exclusive applications; applications filed before or after the window will be dismissed. FCC Docs

Why it matters: There is no filing priority from submitting early within the window; applications timely filed during the window are compared using the closing-date snapshot. This is particularly relevant when deciding when to place completed applications into LMS.

Action: Treat November 17, 6:00 p.m. ET as the hard deadline. The previously announced 10-application limit and other June filing procedures remain in force.

4. FCC opens next stage of historic-preservation deregulation

Yesterday's environmental order is accompanied by a Further NPRM asking whether the FCC should also change its National Historic Preservation Act (NHPA) framework, including when Commission spectrum licensing constitutes an “undertaking” that triggers Section 106 review. The FCC is specifically considering ways to streamline historic-preservation procedures; these portions are proposals, not current rules. FCC Docs

Why it matters: For broadcast tower work, NHPA/Section 106 review can be at least as consequential as NEPA review, particularly for new structures and changes affecting historic properties or Tribal interests. A narrower FCC definition of an undertaking could materially reduce future tower-siting paperwork and delay.

Action: Watch the Federal Register publication for comment and reply-comment dates. Continue existing NHPA procedures until the FCC adopts any further changes.

5. States sue administration over attempted “pocket rescission” of congressional spending

California and six other states have sued the Trump administration over approximately $810 million in congressionally appropriated funds that the administration attempted to cancel at the end of the fiscal year through a “pocket rescission.” The states argue that allowing an executive rescission request to expire with the fiscal year without congressional approval violates Congress's constitutional appropriations authority; the administration maintains that the spending could lawfully be withheld. Reuters

Why it matters: The case presents a consequential separation-of-powers question: whether a president can effectively cancel congressionally enacted spending by timing a rescission request so Congress cannot complete the statutory review process before the appropriation expires.

Action: No immediate public action. Watch for a district-court injunction and eventual appellate review; a ruling validating pocket rescissions could substantially expand presidential control over appropriated federal spending.

FCC & U.S. Policy Briefing — September 30, 2026

 

1. Auction 114 deadline is today — FM minor-change freeze reaches its end

Applicants for the 132 vacant commercial FM construction permits in Auction 114 must submit FCC Form 175 by 6:00 p.m. ET today. The associated freeze on commercial and NCE FM minor-change applications also runs through today; after it ends, ordinary FM modification filing can resume.

Why it matters: Auction applicants may specify preferred transmitter sites that can affect subsequently filed spacing proposals. For new FM engineering after the freeze, relying only on the ordinary LMS facility database risks overlooking an Auction 114 site.

Action: Form 175 deadline: today, September 30, 6:00 p.m. ET. For post-freeze §73.207/§73.215 work, refresh the database and check Auction 114 preferred-site coordinates before filing.

2. NCE translator freeze begins Friday — two-day filing interval opens tomorrow

The Media Bureau's separate freeze for the November reserved-band NCE FM translator window begins October 2. It will suspend minor modifications for reserved- and nonreserved-band LPFM, FM translator and FM booster facilities through the close of the November window. FCC Docs

Why it matters: This leaves essentially October 1–2 between the Auction 114 and translator freezes. For current November-window engineering, October 2 effectively fixes much of the secondary-service facility landscape used in channel-preclusion work.

Action: File any necessary LPFM/translator/booster modifications before the October 2 cutoff. NCE translator window: November 4–17.

3. FCC votes today on major rewrite of environmental-review rules

At today's Open Meeting, the FCC will consider a Report and Order plus Further NPRM in WT Docket 25-217 substantially revising its National Environmental Policy Act procedures. The proposal is intended to clarify which FCC-authorized facilities require environmental review and accelerate infrastructure approvals; the exact final provisions will not be known until the Commission votes and releases the adopted text. FCC Docs

Why it matters: Although principally aimed at wireless infrastructure, FCC environmental procedures also intersect with broadcast tower construction and modification, particularly environmental assessments, historic-preservation review and related siting work.

Action: No change should be assumed from the draft. Review the adopted order released after today's vote before changing tower/environmental-review procedures.

4. FCC reverses Media Bureau in unusual TV must-carry/DMA case

The Commission yesterday granted DISH's appeal in the long-running WGBP-TV/WHOT-TV carriage dispute, reversing a 2024 Media Bureau decision that had allowed the Opelika, Alabama station to assert satellite must-carry rights in both the Columbus and Atlanta markets. The Commission concluded that a station cannot simultaneously claim mandatory satellite carriage throughout two separate local markets under the circumstances presented. Broadband Breakfast

Why it matters: This is a substantive television licensing/carriage precedent and reverses a Rosenworcel-era Bureau interpretation. Stations using DTS facilities or whose Nielsen DMA status has changed should not assume that OTA service extending into multiple markets produces corresponding satellite must-carry rights in each market.

Action: No general filing deadline. For TV clients contemplating DMA/carriage strategies, use the new Commission-level decision rather than the superseded 2024 Bureau ruling.

5. Supreme Court allows third-country deportations to resume while taking the case

The Supreme Court of the United States yesterday allowed the administration to resume deporting some migrants to countries other than their countries of origin while litigation continues. The Court also agreed to hear the underlying case in December; the ruling permits the policy to operate for now but does not constitute a final merits decision. Reuters

Why it matters: The case presents consequential questions about executive immigration authority and the procedural protections required before the government sends an individual to a third country where persecution or torture is alleged.

Action: No general public action. Watch the December Supreme Court argument; yesterday's order changes what the government may do immediately, while the legality of the policy remains unresolved.

FCC & U.S. Policy Briefing — September 29, 2026

1. FCC EAS cybersecurity rules take effect today

The new 47 CFR §11.35(d) cybersecurity requirements are effective today, September 29. EAS participants must now employ secure authentication, promptly test and install security-related patches/firmware, and use firewalls or comparable network segmentation for EAS equipment, STLs and remotely managed equipment affecting the programming stream. GovInfo

Why it matters: This is now an enforceable rule, not an upcoming requirement. Depending on station architecture, coverage can extend to automation, processors, IP STLs, RDS equipment, remote controls and transmitters; the FCC's recent FAQ also makes clear that simply placing legacy equipment behind a firewall does not cure inadequate authentication.

Action: Compliance is required today. Stations should retain a simple internal record of passwords/authentication, patch status and firewall/network segmentation for covered equipment.

2. EAS modernization reply comments also due today

Reply comments are due today in PS Dockets 25-224, 15-94 and 15-91, the FCC's Further Notice examining additional modernization of EAS and Wireless Emergency Alerts. The proceeding considers changes beyond today's cybersecurity rules, including improvements to alert delivery, testing, accessibility and system reliability; these remain proposals, not adopted requirements. FCC Docs

Why it matters: The proceeding could produce the next round of Part 11 equipment and operating changes, so comments from EAS manufacturers, broadcasters and public-safety organizations are worth watching for proposals that could require hardware or software changes.

Action: Reply comments due today, September 29. No additional station changes are required unless and until the FCC adopts another order.

3. Auction 114 Form 175 deadline tomorrow — FM freeze also nearing its end

Applicants seeking any of the 132 vacant commercial-band FM construction permits in Auction 114 must submit FCC Form 175 by 6:00 p.m. ET tomorrow, September 30. This is also the final day of the Media Bureau freeze under which commercial and NCE FM minor-change applications filed during the September 14–30 window are dismissed. FCC Docs

Why it matters: Once the freeze ends, ordinary FM minor-change filing can resume, but Auction 114 applicants can claim preferred-site coordinates that receive protection. Those coordinates should therefore be included in spacing/preclusion checks before filing post-freeze FM modifications.

Action: Form 175: September 30, 6:00 p.m. ET. For routine FM work, refresh the engineering database and check Auction 114 preferred sites before filing after the freeze.

4. NCE translator freeze starts Friday night — only a short filing interval remains

A separate Media Bureau freeze begins at 11:59 p.m. ET October 2 in preparation for the November reserved-band NCE FM translator window. It covers minor modifications for reserved- and nonreserved-band LPFM, FM translator and FM booster stations; major modifications of existing NCE translators are also restricted. Broadcast Law Blog

Why it matters: This leaves essentially October 1 and October 2 after the Auction 114 freeze for secondary-service modifications that might affect November-window engineering. For current NCE translator channel searches, October 2 is effectively the important database cutoff.

Action: File any genuinely necessary LPFM/translator/booster changes by 11:59 p.m. ET October 2. The NCE translator window itself runs November 4–17, closing at 6:00 p.m. ET November 17.

5. Federal judge blocks use of counterterrorism grants to force state election changes

A federal district judge has blocked the administration from withholding 20% of roughly $1.1 billion in federal counterterrorism grants from jurisdictions that refused to adopt specified election procedures. The challenged conditions included hand-marked ballots, manual audits and voter-roll checks using federal immigration data; the court concluded FEMA lacked statutory authority to attach those election-administration conditions. Reuters

Why it matters: This is a consequential separation-of-powers/federalism ruling less than five weeks before the midterms: the executive branch cannot presently use these congressionally authorized security grants as leverage for unrelated election-policy changes. The decision does not resolve the separate litigation over federal voter-eligibility databases.

Action: No individual action. Watch for an administration appeal or emergency stay request before the November 3 election.