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