Radio and TV Stations located in Michigan, Ohio, Arizona, Idaho, Nevada, New Mexico, Utah, Wyoming Maryland, Washington DC, Virginia and West Virginia:  if five (5) full time employee threshold is met, prepare EEO public file report covering the period from ‘June 1, 2025 to May 31, 2026, upload it to the station online public inspection file and post it on the station website

Mid-Term EEO Reviews for Radio stations have ended because all radio stations are now beyond the mid-point of their current 8-year license renewal term. License renewal applications for radio stations in Washinton DC, Maryland, Virginia and West Virginia will be due in one year on June 1, 2027

Mid-Term EEO Review for Television stations located in Arizona, Idaho, Nevada, New Mexico, Utah and Wyoming: if station employment unit has five (5) or more full-time employees, an independent mid-term EEO review of the station’s last two EEO public file reports by the FCC will occur in connection with your upload of the 2025-26 EEO public file report due June 1.  By uploading an EEO public file report, the FCC automatically knows that the television station meets the 5 or more full-time employee threshold for a mid-term review. So unlike for radio, there is no OPIF mechanism available or needed for TV stations to specify the number of SEU employees

The Order cites to the ongoing investigation launched last year into the stations’ DEI practices and for non-compliance with the Communications Act. It also cites Section 73.3539 (c) of the rules which expressly allows the FCC to direct a licensee to file a renewal application by a date certain if the FCC deems it essential to the conduct of an investigation. The Order makes clear that the Bureau considers the renewal applications essential and gives ABC until May 28^th to file the applications.  The same cited rule indicates that if a licensee fails to file the renewal applications within the prescribed time, the investigation proceeds as if a renewal application had been filed.

One day prior to the Disney/ABC Order, the Media Bureau Video Division Chief issued a similar order to Bridge News, LLC, licensee of several Class A and LPTV stations, ordering it to also file early renewal applications no later than May 27^th as part of an ongoing investigation into apparent numerous unauthorized transfers of control.

While ordering stations to file early renewal applications is unusual, it is not unprecedented.  The FCC uses license renewal in numerous ways to enforce its rules or bring stations into compliance. A much more common tool is to address rule violations in connection with license renewal through consent decrees and, in egregious cases, short-term license renewals of one to three years.

While some have linked the Disney/ABC Order to the Trump administration’s criticism of Jimmy Kimmel, the issuance of a similar order against Bridge News one day earlier – and ongoing FCC investigations of both – suggest a timing tied to the investigations.

FCC Commissioner Anna Gomez issued a statement calling the Disney/ABC Order an “assault on the First Amendment” that she believes will fail. Her statement did not address the similar Bridge News, LLC order.

Despite the change to Schedule III status, medical marijuana remains a controlled substance. Even if a state has legalized the sale and distribution of marijuana, federal law still makes it a felony. And using communications facilities like radio and television to facilitate the sale of a federally controlled substance remains a felony under 21 USC § 843 (b) and (c). The DEA Order does not address the restrictions on advertising for controlled substances.  It is possible that the advertising restrictions could be addressed in the expedited June 29, 2026 hearing considering the need for other federal law changes. In the meantime, broadcasters who are regulated by the federal government should carefully scrutinize marijuana ad requests given the risk of violating federal law.

Industry adopted TV ratings (by age and content) have been in place for over 25 years and is used voluntarily by broadcast television, cable, satellite and streaming platforms.  The FCC’s notice points to significant concerns raised about the existing system related to accuracy, appropriateness and a shift in which mature, adult or inappropriate content is being rated as appropriate for young children. Parents have recently raised concerns that controversial gender identity issues are being included or promoted in children’s programs without any disclosure or transparency in the rating.

The FCC seeks comment on the current ratings system and whether it is continuing to provide information relevant to parents today. It also asks about the ongoing function of the TV Oversight Management Board which oversees the ratings system, and whether the public is aware that the V-chip can be used with the ratings system to block unwanted video programming.

The rule had a compliance deadline of May 26, 2015 but the FCC has granted six successive waiver requests based on the unavailability of any technical compliance solution and the fact that the critical details of an emergency provided in graphic form are in most instances duplicative of information conveyed in textual crawls which are aurally described. This latest extension is for 18 months or earlier if the FCC acts on a pending rulemaking petition concerning the rule.

Radio and TV Stations located in Indiana, Kentucky, Tennessee, Texas, Delaware and Pennsylvania:  if five (5) full time employee threshold is met, prepare EEO public file report covering the period from ‘April 1, 2025 to March 31, 2026, upload it to the station online public inspection file and post it on the station website

Mid-Term EEO Review for Radio stations located in Delaware and Pennsylvania: if station employment unit has eleven (11) or more full-time employees, an independent mid-term EEO review of the SEU’s last two EEO public file reports by the FCC will occur in connection with the 2025-26 EEO public file report due April 1, and when uploading the report, each station in the SEU must indicate that the SEU has 11 or more full-timers using the “Mid-Term Review” tab is the OPIF settings section.  If the SEU has between five and ten full-time employees, when uploading the 2025-26 report, each station in the SEU should indicate that the SEU has fewer than 11 full-time employees using the “Mid-Term Review” tab in the OPIF settings section (by doing so, no mid-term EEO review of the SEU will take place)

Mid-Term EEO Review for Television stations located in Texas: if station employment unit has five (5) or more full-time employees, an independent mid-term EEO review of the station’s last two EEO public file reports by the FCC will occur in connection with your upload of the 2025-26 EEO public file report due April 1.  By uploading an EEO public file report, the FCC automatically knows that the television station meets the 5 or more full-time employee threshold for a mid-term review. So unlike for radio, there is no OPIF mechanism available or needed for TV stations to specify the number of SEU employees

Specifically, in addition to the candidates themselves and their campaigns, LUC requirements are also applicable to (1) authorized committees, including authorized committees that engage in joint fundraising with legally qualified candidates for federal office, and (2) advertisements that qualify as coordinated expenditures of political parties and legally qualified candidates for federal office.  For determining if a committee is authorized, the FCC relies upon the Federal Election Campaign Act’s “committee” definition as “the principal campaign committee or any other political committee authorized and designated by a candidate to receive contributions or make expenditures on behalf of such candidate.”

The purchase of advertising time by political parties as an independent expenditure is not entitled to LUC because those expenditures involve no coordination between the party and a candidate. But candidate-party coordinated advertisements are subject to the LUC provisions, provided that the ad otherwise complies with other applicable FCC rule requirements.

As a reminder, LUC rates apply during the 60 days prior to general or special elections and 45 days prior to a primary or runoff elections.  Outside of those windows, stations may charge regular advertising rates. Whether sold or airing during or outside of these windows, stations have public file disclosure obligations for the purchase and disposition of political ads.

Among other changes, the order (1) replaced references to FCC legacy filing systems with newer systems, (2) updated rules to correspond to new forms/schedules, (3) updated the AM station power increase rules to eliminate the requirement that stations seeking facility modifications request at least a 20% increase in power, and to reflect current AM station classifications, (4) modified LPFM rules so that LPFM applicants must protect FM, LPFM and FM translator applications submitted prior to LPFM filing windows, (5) modified the “Signature” rule to authorize not just officers, but also “duly authorized employees” and directors to sign applications, (6) clarified local notice requirements, and (7) removed language limiting special temporary authority to 90 days.

Still pending in the Delete Delete proceeding are numerous proposals to modify or eliminate more substantive rules such as the public file rule, EEO rules, and others.  The ownership reporting rule could be revised later this year to codify the temporary waiver of the biennial report filing requirement into a permanent deletion. For the moment, biennial ownership reporting is suspended through June 1, 2027.

According to the notice, “many sporting events that were previously available through free broadcast and traditional pay TV packages are now only available through a myriad of stand-alone subscription streaming services. This shift has led to notable frustration among many consumers and sports fans” who must navigate a “fragmented ecosystem” that requires “multiple subscriptions to watch live sports programming or their favorite teams.”

The notice asks for comment on the extent current sports media rights contracts conflict with or impede broadcasters from meeting their public interest obligations and how the arrangements should be considered in the context of broadcasters’ public interest obligations.  The “public interest” continues to be a major theme for Chairman Carr as he attempts to restore an emphasis on and prioritization of service to local communities and viewers.

In one instance, the FCC’s regional personnel in the Dallas, Texas office inspected a tower that needed painting and was out of compliance, requiring a response within 20 days.  In another, the Bureau’s New York office inspected four towers and found numerous violations, including painting, lighting, RF emissions, dense brush/vegetation at the base of towers, and lack of operational EAS equipment.

Tower owners are charged with compliance for the safety of air flight in connection with tower operations.  The notices of violation allow those cited to respond with an explanation but based upon the facts described in the notices, it seems likely that the tower owners will eventually be ordered to pay fines to the U.S. Treasury.