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.
- Congress passed a bill ending the federal government shutdown which began on October 1, ensuring that the government will remain open through at least January 31, 2026. Given the unprecedented length of the shutdown – the longest in U.S. history – the FCC released a Public Notice announcing extensions of filing and other regulatory deadlines in anticipation of the large influx of filings that the FCC expects after reopening. All deadlines and filings that are due between October 1 and November 17 are generally extended until at least November 18, and grants of Special Temporary Authority expiring between October 1 and November 17 are generally extended until at least November 18. The Notice states that the FCC and its Bureaus will issue additional guidance before November 18 on possible further extensions for specific matters. As the FCC’s website indicates that some filing databases used by broadcasters, including the Licensing and Management System and the Online Public Inspection File, will not become operational until November 18 (see here and here), we expect further extensions of many deadlines. The Notice also states that the FCC staff will work with filers and provide them with flexibility when possible, and asks, until further guidance is issued, that filings be limited to instances where immediate FCC authority is needed. For more on what to expect with the FCC’s reopening, see our article on our Broadcast Law Blog here.
- The Farm Bill passed this week to fund the U.S. Department of Agriculture through September 30, 2026 includes a provision limiting hemp-derived products’ legally allowed THC, and including products like delta 8 and other synthetic cannabis derivatives within the prohibition. This action will appear to limit the sale of many cannabis products. The provision, which will take effect in November 2026, will impact broadcasters’ ability to advertise hemp-based CBD products due to the narrowed scope of products that will now be considered legal.
- A bipartisan group of former FCC Commissioners called for the FCC to eliminate its news distortion policy, arguing that the policy infringes upon broadcasters’ First Amendment rights. They also contend that it is now being improperly used to suppress viewpoints critical of President Trump. As we noted here, here, here, and here, a news distortion complaint is still pending before the FCC against CBS alleging that 60 Minutes deceptively edited an interview with then-Vice President Harris just before last year’s Presidential election. As we noted here and here, that complaint was dismissed during former FCC Chairman Rosenworcel’s tenure, but was promptly reinstated once Carr took over the agency. However, a similarly dismissed complaint against a Fox TV station, alleging that cable channel Fox News aired false statements regarding Dominion Voting Systems following the 2020 Presidential Election, was not reinstated. Last week we noted that some Democrats suggested that the FCC should review 60 Minutes’ recent interview of President Trump because, if there were issues about “news distortion” because of the editing of the Harris interview, the Trump interview raised similar issues and should be treated similarly. FCC Commissioner Gomez released a statement in response to the bipartisan call for action, stating that “this FCC has deployed a vague and effective News Distortion policy as a weapon to stretch its licensing authority and pressure newsrooms, but “as federal regulators,” we must “respect the rule of law, uphold the Constitution, and ensure that a free press is never subjected to regulatory interference by the FCC.” Chairman Carr posted on X that he will continue to hold broadcasters accountable for their public interest obligations and found it “rich for the exact same people that pressured prior FCCs to censor conservatives ‘through the news distortion policy’ to now object to the agency’s even-handed application of the law.”
- The U.S. Supreme Court denied a petition challenging the FCC’s implementation of the Low Power Protection Act (LPPA) passed by Congress in 2023 (see our note here). The petitioner requested that the U.S. Supreme Court overturn a June decision of the U.S. Court of Appeals for the D.C. Circuit rejecting the petitioner’s arguments that the FCC erred in concluding that only LPTV stations in DMAs with fewer than 95,000 households were eligible to file for Class A status under the LPPA (see our note here).
- The FCC’s Enforcement Bureau entered into a Consent Decree with a with a Massachusetts pirate radio operator to resolve its investigation of his illegal operations. In April 2024, the Bureau proposed a $40,000 fine against the individual for engaging in pirate broadcasting. Due to the individual’s demonstrated inability to pay the fine and because he ceased pirate operations, the fine was reduced by the Consent Decree to $7,200 but the individual must pay a further penalty of $40,000 if he engages or assists anyone else in pirate broadcasting during the Consent Decree’s 20-year term.
