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 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.
