With the federal government shutdown now in its third day, having started on October 1, 2025, after Congress failed to fund the government for the coming year or to pass a “continuing resolution” to allow government agencies to function at their current levels, we thought that we should summarize the FCC’s guidance as to what is and what is not functional at the FCC during this period. In anticipation of a shutdown, on September 30, 2025, the FCC released a Public Notice announcing that it will “suspend most operations” in the event of a shutdown and providing some specifics as to what would and would not be operating during the shutdown. A summary of the FCC’s guidance is set out below. But it is important to note that much of this guidance is general, and how specific cases will be dealt with when the government reopens may be addressed in subsequent FCC notices – likely to be issued when the government reopens. This is especially true if the shutdown is prolonged.
On many specific issues, we suggest discussions with your own communications counsel to discuss what may happen when the government reopens. While, as noted below, the FCC’s general rule will be that most deadlines that were to be met during the shutdown will be extended to the day after the day of the government’s reopening, there are exceptions. For instance, targeted Enforcement Actions are still to be submitted on time. There is no indication in the FCC’s Public Notice as to how responses to the open EEO audit will be dealt with. Because the FCC-administered Online Public File database is offline, the general requirement to upload a station’s EEO audit response to the public file is impossible to meet. But what about responses to the new DEI questions which, as we noted here, can now be submitted by email rather than uploaded to the public file? There is no specific guidance in the Public Notice. Similarly, the FCC’s major change window (which we wrote about here) may be suspended until after the shutdown as LMS is unavailable during the shutdown. The same with Quarterly Issues/Programs lists as the online public file system is not functioning. But will the FCC’s systems be able to handle a crush of filings due the first business day after the day that the government reopens? These are all questions that broadcasters should consider with their counsel.
The FCC’s decision to shut down immediately after the expiration of funding is a departure from other recent government shutdowns when the FCC announced it had available funds to continue operations for a limited time after the announced end of available general government appropriations. Thus, in recent years, there was at least some time for broadcasters and others regulated by the FCC to get ready for the shutdown and get further guidance as to what would happen with respect to particular filing deadlines. Now, we have only the guidance in the Public Notice as to how broadcasters’ ability to do business with the FCC has been affected. Below is a summary of the guidance to broadcasters from that Public Notice.
· Applications and Other Reports and Filings. During the shutdown, broadcasters will be unable to file applications, reports, requests, notifications, pleadings, and other documents in the following FCC databases:
o Licensing Management System (LMS) (used for AM, FM, TV, Class A TV, LPTV, LPFM, FM and TV Translator, and FM Booster broadcast station filings);
o Universal Licensing System (ULS) (used for broadcast auxiliary station and microwave station filings);
o Emergency Alert System Test Reporting System (ETRS) (used for reporting on station’s EAS equipment and capabilities);
o International Communications Filing System (ICFS) (used for earth station filings); and
o Online Public Inspection File (OPIF) (used for maintaining station OPIF documents, including political files – but see below regarding station’s ongoing political file obligations).
· Filing Deadlines and Expiration Dates. All filings that are due during the shutdown, and all expiration dates occurring during that time, will now be due and/or expire the next business day after the FCC resumes normal operations. A filing that is due on the day that the FCC resumes normal operations will be due the following business day. The following is a non-exhaustive list of how certain broadcaster filings and deadlines will be affected by the shutdown:
o Special Temporary Authority (STA) – Routinestation STAs that expire during the shutdown are extended until the day after normal FCC operations resume. However, any issues involving potential risks to life or property during the shutdown should seek an Emergency STA through the FCC Operations Center at (202) 418-1122.
o Online Public Inspection File (OPIF) – As the OPIF will be unavailable during the shutdown, stations will have until the next business day after the FCC resumes normal operations to file reports and other documents due during the shutdown (e.g., Quarterly/Issues Programs Lists, EEO Public File Reports, Donor Lists, Political File, etc.). Broadcast stations are still required to maintain a separate physical political file during the shutdown, and therefore stations should retain all political spot orders received during this time and have them available if an interested party requests them for review.
o Silent Stations – Stations that are silent during the shutdown are still subject to the requirement under Section 312(g) of the Communications Act of 1934, as amended, of resuming operations on or before the one-year anniversary of going silent. While such stations will be unable to notify the FCC that they have timely resumed operations, stations should document the date on which they have resumed operations and notify the FCC immediately after the agency has resumed operations of when the station has resumed operations.
o Construction Deadlines – Unlike STAs, absent further FCC guidance, construction deadlines appear to be unaffected by the government shutdown. While stations should continue to comply with their construction permit expiration dates, stations will have until the next business day after the FCC resumes normal operations to file license to cover applications and construction buildout notifications. Deadlines for filing construction permit tolling requests falling during the shutdown through the day on which the FCC resumes normal operations are due on the next business day after the FCC resumes normal operations.
o Rulemaking Proceeding Comment Deadlines – Deadlines for filing comments and reply comments in FCC rulemaking proceedings are suspended through the day on which the FCC resumes normal operations and will be considered timely accepted by the FCC on the day following the FCC’s resumption of normal operations. The FCC’s Electronic Comment Filing System (ECFS) will remain open during the shutdown for filings, but there will be no user support available for ECFS during the shutdown.
o Responsive Pleadings – Deadlines for oppositions, replies, and other responsive pleadings (e.g., those related to petition to deny and informal objection proceedings) are suspended through the day on which the FCC resumes normal operations and will be considered accepted by the Commission on the day following the return to normal operations. Where due dates for opposition, reply, or responsive pleadings to such filings normally would be counted from the date the underlying submission is filed, such due dates will be counted from the day after the FCC resumes normal operations. Due dates for pleadings in reply or response to filings due or submitted prior to October 1, 2025 are not at this time extended beyond the day after the resumption of normal operations. These extensions do not apply to enforcement matters for which other dates have been set by the Enforcement Bureau (see below).
o Enforcement Proceedings – Except as specified by the FCC’s Enforcement Bureau, there are no extensions of deadlines relating to enforcement investigations and other enforcement proceedings involving specific parties. The Enforcement Bureau may contact the parties to those proceedings regarding their case-specific deadlines, and parties are welcome to contact the Bureau if they have any questions about those deadlines. Any dates conveyed by the Enforcement Bureau in these individual contacts will govern over those set forth in the Notice.
· Filing and Regulatory Fees. The FCC’s Fee Filer System will be unavailable during the shutdown. This means that no regulatory fee or application fee payment can be made until the FCC resumes normal business operations.
· Available FCC Databases. As of the date of this summary, the following is a non-exhaustive list of FCC databases that should remain available to the public during the shutdown:
o Antenna Structure Registration System (ASR): https://www.fcc.gov/wireless/systems-utilities/antenna-structure-registration (viewing only)
o AM Query Station Search: https://www.fcc.gov/media/radio/am-query
o FM Query Station Search: https://www.fcc.gov/media/radio/fm-query
o TV Query Station Search: https://www.fcc.gov/media/television/tv-query
o General Menu Reports: https://fjallfoss.fcc.gov/General_Menu_Reports/index.cfm
o FCC Media Bureau, Audio Division Tools, Databases, and Calculators: https://www.fcc.gov/media/radio/audio-division
o FCC Media Bureau, Video Division Tools and Databases: https://www.fcc.gov/media/television/video-division
o Electronic Comment Filing System (ECFS): https://www.fcc.gov/ecfs/search/search-filings (although some search functionality seems to be disabled)
o Electronic Documentation Management System (EDOCS):https://www.fcc.gov/edocs
o Tower Construction Notification System (TCNS): https://www.fcc.gov/wireless/systems-utilities/tower-construction-notifications/tower-construction-notifications-0
o Commission Online Registration System (CORES): https://apps.fcc.gov/cores/userLogin.do (FCC Registration Number (FRN) registrations and management, FCC Red Light Status, but not payment of regulatory and application fees).
· Emergencies. During the shutdown, broadcasters may contact the FCC in the case of an emergency affecting the safety of life or the protection of property through the FCC Operations Center at (202) 418-1122 or FCCOPS@fcc.gov, which will remain staffed.
The Federal Aviation Administration is unaffected by the shutdown, so broadcasters must still make required filings in the FAA’s Notice to Airmen (NOTAM) Management Service (NMS) concerning tower lighting outages: https://nms.aim.faa.gov/.
As we noted above, this is general guidance. Consult your own attorney about how these guidelines affect any specific deadlines to which your station is subject – and watch the news for developments on the government shutdown.
