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.
- At its regular monthly Open Meeting, the FCC took actions to increase the security of the Emergency Alert System by adopting a Report and Order and Further Notice of Proposed Rulemaking (the final version has not yet been released, but a draft is available here and a News Release summarizing this week’s FCC’s action is here). Broadcasters are required to adopt a three-point program to secure their EAS equipment, studio transmitter links, and any remotely managed equipment used for routing, processing, or inserting content into their programming streams. Broadcasters must adopt strong password security practices; test and install security patches and security-related software and firmware upgrades promptly after those patches or upgrades are available; and use a network firewall or comparable practice to limit remote access to authorized devices and systems. Broadcasters must quickly implement these requirements (note that the draft Order in one place says it is to be effective 60 days after the publication of the final order in the Federal Register, but in another paragraph says 90 days – watch for an article on our Broadcast Law Blog detailing the requirements once the full text of the final order is released). The FNPRM seeks public comment on a number of matters including a proposal to require authentication of all EAS alerts before transmission, other steps to make EAS alerts more accurately targeted, and if software-based EAS encoders/decoders should be allowed in addition to the current EAS hardware devices.
- Several Democratic federal candidates filed a petition for review in the U.S. Court of Appeals for the Fourth Circuit seeking to overturn the FCC Media Bureau’s March Public Notice purporting to provide guidance on entitlement to lowest unit charge (LUC) for political ads. As we noted here, the Bureau said in the March Public Notice that the LUC obligation extends beyond legally qualified candidates and their official committees to joint fundraising committees comprised of a federal candidate’s principal campaign committee and other political committees, and to “coordinated expenditures” between political parties and legally qualified federal candidates. The petitioners argue that the Bureau’s guidance directly conflicts with the Communications Act and the FCC’s rules which limit LUC rate eligibility to only legally qualified candidates, and that the decision is not supported by the FEC rules on which the Media Bureau relied. In April, these same parties filed an Application for Review asking that the full Commission reject the guidance given in the Bureau’s Public Notice but, as the FCC has not acted on that request, they filed this petition asking the Court to intervene.
- The Media Bureau dismissed a November 2025 petition for special relief seeking repeal of the FCC’s news distortion policy. The rarely used news distortion policy prohibits broadcasters from deliberately distorting news about important events (liability being found where there was a deliberate intent to deceive the audience, as opposed to news slants being mere inaccuracies or the result of editorial judgements). This policy has rarely been applied to avoid embroiling the FCC in content-based decision making assessing the truth of news stories. As we noted here, the petition was filed by a number of former FCC chairs, commissioners, staff, and public interest groups, arguing that the policy violates the First Amendment because the FCC appears to be using it to suppress viewpoints critical of President Trump (see our note here) and the policy cannot be applied without prohibited content-based decision making as to the accuracy of the news. Last month, the U.S. Court of Appeals for the D.C. Circuit ordered the FCC to respond within 30 days to a petition for writ of mandamus asking that the Court order the FCC to act on the petition. In the decision this week, the Bureau dismissed the petition of the former employees on procedural grounds, concluding that the FCC’s rules do not explicitly allow for the filing of a “special relief” petition in these circumstances. The Bureau’s decision never addresses the merits of the arguments raised in the petition. Expect further actions by the supporters of this petition.
- FCC Chairman Carr responded to a letter from Democratic members of Congress seeking information on the FCC’s alleged use of its authority to pressure companies to alter their otherwise-lawful DEI policies. The letter cites the FCC’s investigations of the DEI practices of several FCC-regulated entities, including Disney/ABC, and alleges that the FCC was investigating Disney despite its DEI practices being unrelated to its broadcast stations. Carr defended the FCC’s investigations, citing its authority to prohibit discrimination under the Communications Act and President Trump’s Executive Order directing federal agencies to investigate private sector DEI practices, and alleging that the FCC believed that some broadcasters’ practices may be discriminatory.
- The FCC announced that August 21 is the effective date of its March Direct Final Rule, in which the FCC deleted several rules that it found unnecessary or obsolete. The deleted rules include rules for the TV broadcast spectrum reverse auction which ended in 2017 and regarding installment payments and auction procedures that are either out of date or are covered in other rules still applicable to broadcasters. As we noted here, the Direct Final Rule process allows the FCC to delete a rule without prior public comment if no objections to the deletion are filed in a 10 to 20-day comment period after the item’s publication in the Federal Register. If substantive negative comments are filed against the March Direct Final Rule by July 13, the FCC will implement regular notice and comment procedures before the deletions take effect.
- The FCC’s Enforcement Bureau issued a $20,000 fine against an individual in Spring Valley, New York for operating a pirate radio broadcast station. The pirate broadcaster now has 30 days to pay the fine, or the FCC may refer the case to the U.S. Department of Justice. The FCC itself cannot sue to collect fines or take actions against individuals who ignore these fines. It must rely on the DOJ to enforce them in Court.
- The Enforcement Bureau also proposed 2 separate fines for operating pirate radio broadcast stations in the Bronx, New York: a $25,000 fine against an individual, and a $20,000 fine against multiple individuals and a corporation. In each case, the Enforcement Bureau alleges that its agents heard an operating pirate station and through research identified those named as being responsible for the illegal operations.
- The Media Bureau reversed its grant of a New York FM translator’s minor modification application due to a nearby FM station’s interference complaint. The FM station filed an interference complaint against the translator’s original modification application. The FM translator then amended the modification application to address the interference claim. The Bureau granted the amended application before the FM station could address the amended proposal. In this week’s decision, the Bureau granted the FM station’s petition for reconsideration, finding that there was a valid interference claim against the amended proposal and that the FM station’s objections to the amended proposal were not raised too late, as the Bureau’s grant of the amended application only 2 days after the filing of the amendment did not provide the station with a reasonable opportunity to address the predicted interference.