Foreign Adversary Reporting Rules Adopted for All FCC Licensees

The FCC has adopted a Report & Order requiring all FCC licensees to periodically file certifications stating whether they are owned or controlled by a foreign adversary. The order defines foreign adversaries as the Peoples’ Republic of China, Cuba, Iran, North Korea, Russia, and Venezuela but those can be updated from time-to-time. A single consolidated reporting system (i.e., an entirely different system from those broadcasters currently use) is being developed for these certifications.

The certification form itself is not yet available and will need to be approved by the Office of Management & Budget before it becomes due. Once OMB approves, the FCC will issue a public notice announcing the launch of the new system, and stations will have 60 days (120 days for smaller entities) to submit their first certification. The timing of future certifications will depend on the characteristics of filing entities, earlier certification submission disclosures, or the addition of new foreign adversaries to the defined list.

Broadcasters that answer “yes” to the certification will also have to disclose any program lease agreements with the applicable foreign adversary.  State or local government and Tribal Nation broadcast licensees are exempt from the new certification filing requirements. Stations not filing the certifications or inaccurately filing the certifications will be subject to a streamlined license revocation proceeding.