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Broadcasters’ next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ Public Inspection Files by July 10, 2025, reflecting information for the months of April, May, and June 2025.

Content of the Quarterly List

The FCC requires each broadcast station to air a reasonable amount of programming responsive to significant community needs, issues, and problems as determined by the station.  The FCC gives each station the discretion to determine which issues facing the community served by the station are the most significant and how best to respond to them in the station’s overall programming.

To demonstrate a station’s compliance with this public interest obligation, the FCC requires the station to maintain and place in the Public Inspection File a Quarterly List reflecting the “station’s most significant programming treatment of community issues during the preceding three month period.”  By its use of the term “most significant,” the FCC has noted that stations are not required to list all responsive programming, but only that programming which provided the most significant treatment of the issues identified.

Given that program logs are no longer mandated by the FCC, the Quarterly Lists may be the most important evidence of a station’s compliance with its public service obligations.  The lists also provide important support for the certification of Class A television station compliance discussed below.  We therefore urge stations not to “skimp” on the Quarterly Lists, and to err on the side of over-inclusiveness.  Otherwise, stations risk a determination by the FCC that they did not adequately serve the public interest during their license term.  Stations should include in the Quarterly Lists as much issue-responsive programming as they feel is necessary to demonstrate fully their responsiveness to community needs.  Taking extra time now to provide a thorough Quarterly List will help reduce risk at license renewal time.

The FCC has repeatedly emphasized the importance of the Quarterly Lists and often brings enforcement actions against stations that do not have complete Quarterly Lists in their Public Inspection File or which have failed to timely upload such lists when due.  The FCC’s base fine for missing or late Quarterly Lists is $10,000.

Preparation of the Quarterly List

The Quarterly Lists are required to be placed in the Public Inspection File by January 10, April 10, July 10, and October 10 of each year.  The next Quarterly List is required to be placed in stations’ Public Inspection Files by July 10, 2025, covering the period from April 1, 2025 through June 30, 2025. Continue reading →

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With publication of OMB approval in the Federal Register, today was the effective date for amendments to Section 73.1212(j) of the FCC’s Rules, which governs sponsorship identification for broadcast programming that “has been provided by a foreign governmental entity.”  Under those amendments, broadcast licensees would need to use one of two recordkeeping methods to demonstrate compliance with the foreign sponsorship disclosure rules.

Late today, however, the FCC’s Media Bureau released a Public Notice stating:

By this Public Notice, the Bureau announces that OMB has approved the rule modifications which revise requirements under 47 CFR § 73.1212(j)(3).  Accordingly, these revised requirements are now effective as of June 10, 2025.  However, the Bureau defers requiring compliance with the revised rules under 47 CFR § 73.1212(j)(3) until 6 months after June 10, 2025, or December 8, 2025. Only new leases and renewals of existing leases entered into on or after the compliance date must comply with the rule modifications.

So while the amended rules did go into effect today, broadcasters won’t need to come into compliance with the new recordkeeping requirements until December 8, 2025.  Until that time, you can read a detailed description of how the currently applicable pre-amendment rule works here.

Hopefully, today’s announced delay is a cause for optimism that a deregulatory FCC might use the additional time to streamline these cumbersome requirements.  If not, however, on December 8, 2025, stations will need to maintain records verifying whether a party leasing airtime is a “foreign governmental entity” for purposes of providing adequate disclosures through one of the following two recordkeeping methods:

Certification Approach

Stations and lessees of airtime must each complete a written certification reflecting that the station made the required inquiries regarding foreign governmental sponsorship.  Parties may use the FCC’s own “check-box” templates (Appendices C and D to the FCC’s Order), or create their own certification forms, provided that the forms collectively address the following required certifications:

  • Whether the licensee informed the airtime lessee of the foreign sponsorship disclosure requirement;
  • Whether the licensee asked about, and whether the lessee is, a “foreign governmental entity,” which includes foreign governments, foreign political parties, agents of foreign principals (as defined by the Foreign Agents Registration Act of 1938 (FARA), and U.S.-based foreign media outlets;
  • Whether the licensee asked about, and whether the lessee knows of, any entity or individual further back in the production or distribution chain that meets the definition of a foreign governmental entity and has provided some form of inducement to air the programming;
  • Whether the licensee sought a written certification from the lessee certifying lessee’s answers; and
  • Whether the licensee obtained the necessary information for a disclosure where one is required.

These certifications must be dated and signed by an appropriate representative of each party and retained in the licensee’s records as discussed below.

Screenshot Approach

As an alternative to certifications, licensees may ask lessees to provide screenshots of their search results when searching for themselves in the following two federal databases:

This option places the responsibility for conducting the searches on the lessee and, the FCC believes, avoids triggering the investigatory concerns raised by the D.C. Circuit. Licensees must still conduct and document the same underlying foreign sponsorship inquiries (but without need of written certifications) and retain the lessee responses in their records.

Regardless of which approach a station adopts by December 8, it must retain documentation of its diligence efforts—whether certifications or screenshots—for the remainder of the license term or one year, whichever is longer.  The records may be stored in either the licensee’s Public Inspection File or in its internal files, as long as the documents are promptly made available to the FCC upon request.

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Public File Violations Lead to Spate of FCC Consent Decrees
  • California Tower Owner Cited for Multiple Violations
  • Montana TV Translators Miss License Renewal Deadline

Public File Violations Lead to Consent Decrees with Multiple California Licensees

In a flurry of Consent Decrees, the FCC resolved investigations into Public Inspection File violations by three California television licensees.  Two of the Consent Decrees impose $32,500 civil penalties for willfully and repeatedly violating the FCC’s rules by failing to timely upload to the Public Inspection File required Quarterly Issues/Programs Lists and children’s commercial limits certifications.  The third licensee agreed to pay a $42,500 civil penalty for the same violations, as well as for the late filing of a license to cover application and the resulting unauthorized operation.

In each instance, while processing license renewal applications, the FCC’s Media Bureau noted that the applicant had been unable to certify that all required documentation had been uploaded to the station’s Public Inspection File when required during the license term.  Each station disclosed that it had been late in uploading Quarterly Issues/Programs Lists and children’s commercial limits certifications to its Public Inspection File, asserting “administrative oversight and/or employee turnover.”

Section 73.3526(e)(11)(i) of the FCC’s Rules requires that every full power commercial television station place in its Public Inspection File “a list of programs that have provided the station’s most significant treatment of community issues during the preceding three month period.”  Section 73.3526(e)(11)(ii) of the FCC’s Rules requires that every full power commercial television station place in its Public Inspection File “records sufficient to permit substantiation of the station’s certification, in its license renewal application, of compliance with the commercial limits on children’s programming….”

Each Consent Decree details the respective station’s failure to timely upload multiple Issues/Programs Lists and commercial limits certifications.  The first station uploaded 26 Issues/Programs lists late and 21 children’s commercial limits certifications late.  The second station uploaded 31 Issues/Programs Lists late and 23 children’s commercial limits certifications late.  The third station uploaded 27 Issues/Programs lists late and 20 children’s commercial limits certifications late.  Each station had several such Lists and certifications that were uploaded over a year late.  As of the date each Consent Decree was adopted, the respective station had uploaded all required documents to its Public Inspection File.

With regard to the third station, in addition to the late Quarterly Issues/Program Lists and children’s commercial limits certifications, it had failed to timely file a license to cover application.  In June 2021, the FCC granted the station a construction permit to modify the station’s facilities to increase power.  The construction permit had an expiration date of June 2024.  Despite timely completing construction of the new facilities around October 2021, the licensee did not file a license application for the new facilities until March 2025.  Sections 73.3536 and 73.3598(a) of the FCC’s Rules require that a license application be filed promptly upon completion of construction. Continue reading →

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June 1 is the deadline for broadcast stations licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming to place their Annual EEO Public File Report in their Public Inspection File and post the report on their station website.

Under the FCC’s EEO Rule, all radio and television station employment units (“SEUs”), regardless of staff size, must afford equal opportunity to all qualified persons and practice nondiscrimination in employment.

In addition, those SEUs with five or more full-time employees (“Nonexempt SEUs”) must also comply with the FCC’s three-prong outreach requirements.  Specifically, Nonexempt SEUs must (i) broadly and inclusively disseminate information about every full-time job opening, except in exigent circumstances, (ii) send notifications of full-time job vacancies to referral organizations that have requested such notification, and (iii) earn a certain minimum number of EEO credits based on participation in various non-vacancy-specific outreach initiatives (“Menu Options”) suggested by the FCC, during each of the two-year segments (four segments total) that comprise a station’s eight-year license term.  These Menu Option initiatives include, for example, sponsoring job fairs, participating in job fairs, and having an internship program.

Nonexempt SEUs must prepare and place their Annual EEO Public File Report in the Public Inspection Files and on the websites of all stations comprising the SEU (if they have a website) by the anniversary date of the filing deadline for that station’s license renewal application.  The Annual EEO Public File Report summarizes the SEU’s EEO activities during the previous 12 months, and the licensee must maintain adequate records to document those activities.

For a detailed description of the EEO Rule and practical assistance in preparing a compliance plan, broadcasters should consult The FCC’s Equal Employment Opportunity Rules and Policies – A Guide for Broadcasters published by Pillsbury’s Communications Practice Group.

Deadline for the Annual EEO Public File Report for Nonexempt Radio and Television SEUs

Consistent with the above, June 1, 2025 is the date by which Nonexempt SEUs of radio and television stations licensed to communities in the states identified above, including Class A television stations, must (i) place their Annual EEO Public File Report in the Public Inspection Files of all stations comprising the SEU, and (ii) post the Report on the websites, if any, of those stations.  Once the new Report is posted on a station’s website, the prior year’s Report may be removed from that website. Continue reading →

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Virginia Sheriff and FCC Determine Public Safety Interference Caused by Handheld Radio
  • Unauthorized Operation by Puerto Rico AM Station Leads to Notice of Violation
  • Signal Booster Operated by Luxury Apartment Building in Texas Interferes with Local Public Safety System

Virginia Investigation Results in Notice of Unlicensed Operation for Interfering with a Public Safety Communications System

Following an investigation by a Virginia sheriff’s office into interference with the county’s public safety radio communications system, the FCC’s Enforcement Bureau conducted its own investigation and issued a Notice of Unlicensed Operation (NOUO) to an individual.

According to the NOUO, the sheriff’s office determined that a handheld Motorola two-way radio was transmitting signals in an attempt to self-authenticate and thereby access the county’s system.  The handheld unit used a unique identification code and had apparently been illegally programmed to operate on the county’s licensed frequencies.  The investigation led to an individual who admitted that he had programmed the radio to operate on the county’s frequencies and that he was the one operating it at the time the device attempted to self-authenticate and gain access to the county’s public safety radio system.

Under Section 301 of the Communications Act, use of radios like the one in question must generally be licensed by the FCC unless they transmit at a sufficiently low level of power to qualify under Part 15 of the FCC’s Rules for unlicensed operation.  The handheld radio in question was not certified as a Part 15 device.

In addition, any person operating a radio transmitter on frequencies exclusively licensed for public safety use needs an FCC license.  The NOUO stated that no such license had been issued to the individual.

Violators of Section 301 are subject to “substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions including imprisonment.”  The individual has 10 days to respond to the FCC with a description of the steps he is taking to avoid future unlicensed operation and interference.

Puerto Rico AM Station Receives Notice of Violation for Unauthorized Operation

A Puerto Rico AM radio station recently received a Notice of Violation (NOV) from the FCC.  In the NOV, the FCC’s Enforcement Bureau stated that field agents out of its Miami office observed the station operating in violation of its license.  Specifically, the agents reported that the station was operating from a single tower with a non-directional pattern, whereas the station’s license specifies a directional antenna pattern using a two-tower array.  The station had not requested and obtained Special Temporary Authority from the FCC to operate at variance from its licensed parameters.

Within 20 days of the issuance of the NOV, the licensee is required to file a response which “(i) must fully explain each violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and (iii) must include a timeline for completion of any pending corrective action(s).”  The licensee must also include “an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of [the licensee] with personal knowledge of the representations provided” in its response.  The FCC may then take additional enforcement action once it has the relevant facts in hand. Continue reading →

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Puerto Rico Broadcaster Agrees to $4,500 Consent Decree for Unauthorized LPTV Operation
  • Eleventh Circuit Rejects FCC’s Rationale for Broadcast Ownership Fine
  • FCC Proposes $325,322 Fine for Miami Radio Pirate

Unauthorized Operation Leads to $4,500 Consent Decree for Puerto Rico LPTV Station

The licensee of a Puerto Rico LPTV station and the FCC’s Media Bureau entered into a Consent Decree to resolve an investigation into whether the licensee engaged in unauthorized operation.

The LPTV station was displaced by the FCC’s broadcast Incentive Auction and subsequent spectrum repack.  The licensee filed a displacement application to move to Channel 14, and a construction permit was granted in July 2018 with a July 2021 expiration date.  Because land mobile operations can be affected by TV transmissions on Channel 14, the construction permit contained a condition that the station “identify and substantially eliminate objectionable interference” and required the station to submit documentation showing “that objectionable interference will not be caused….”  Section 73.617(b)(2)(ii) of the FCC’s Rules requires TV permittees for new operations on Channel 14 to take steps prior to construction to identify potential interference.

When construction of the station was completed, the licensee filed an application to license the facility which contained a statement that the station complied with the special condition in the construction permit, but did not provide any technical proof to support that statement.  The station then began operations prior to receiving FCC approval to do so.  Media Bureau staff requested an amendment to supplement the “no objectionable interference” exhibit at the time the application was filed, and again in October 2024 when no amendment was received in response to the first request.  Responding to the second request, the licensee submitted an exhibit demonstrating there would be no objectionable interference, and then filed for Special Temporary Authority (STA) to continue operating while the license application was pending.

Section 73.1745(a) of the FCC’s Rules and Section 301 of the Communications Act require that a station have an FCC license in order to operate.  The FCC found that in the absence of either an STA or a license, the station had been operating without authorization for over three years. Continue reading →

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Broadcasters’ next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ Public Inspection Files by April 10, 2025, reflecting information for the months of January, February, and March 2025.

Content of the Quarterly List

The FCC requires each broadcast station to air a reasonable amount of programming responsive to significant community needs, issues, and problems as determined by the station.  The FCC gives each station the discretion to determine which issues facing the community served by the station are the most significant and how best to respond to them in the station’s overall programming.

To demonstrate a station’s compliance with this public interest obligation, the FCC requires the station to maintain and place in the Public Inspection File a Quarterly List reflecting the “station’s most significant programming treatment of community issues during the preceding three month period.”  By its use of the term “most significant,” the FCC has noted that stations are not required to list all responsive programming, but only that programming which provided the most significant treatment of the issues identified.

Given that program logs are no longer mandated by the FCC, the Quarterly Lists may be the most important evidence of a station’s compliance with its public service obligations.  The lists also provide important support for the certification of Class A television station compliance discussed below.  We therefore urge stations not to “skimp” on the Quarterly Lists, and to err on the side of over-inclusiveness.  Otherwise, stations risk a determination by the FCC that they did not adequately serve the public interest during their license term.  Stations should include in the Quarterly Lists as much issue-responsive programming as they feel is necessary to demonstrate fully their responsiveness to community needs.  Taking extra time now to provide a thorough Quarterly List will help reduce risk at license renewal time.

The FCC has repeatedly emphasized the importance of the Quarterly Lists and often brings enforcement actions against stations that do not have complete Quarterly Lists in their Public Inspection File or which have failed to timely upload such lists when due.  The FCC’s base fine for missing or late Quarterly Lists is $10,000.

Preparation of the Quarterly List

The Quarterly Lists are required to be placed in the Public Inspection File by January 10, April 10, July 10, and October 10 of each year.  The next Quarterly List is required to be placed in stations’ Public Inspection Files by April 10, 2025, covering the period from January 1, 2025 through March 31, 2025. Continue reading →

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April 1 is the deadline for broadcast stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas to place their Annual EEO Public File Report in their Public Inspection File and post the report on their station website.

Under the FCC’s EEO Rule, all radio and television station employment units (“SEUs”), regardless of staff size, must afford equal opportunity to all qualified persons and practice nondiscrimination in employment.

In addition, those SEUs with five or more full-time employees (“Nonexempt SEUs”) must also comply with the FCC’s three-prong outreach requirements.  Specifically, Nonexempt SEUs must (i) broadly and inclusively disseminate information about every full-time job opening, except in exigent circumstances, (ii) send notifications of full-time job vacancies to referral organizations that have requested such notification, and (iii) earn a certain minimum number of EEO credits based on participation in various non-vacancy-specific outreach initiatives (“Menu Options”) suggested by the FCC, during each of the two-year segments (four segments total) that comprise a station’s eight-year license term.  These Menu Option initiatives include, for example, sponsoring job fairs, participating in job fairs, and having an internship program.

Nonexempt SEUs must prepare and place their Annual EEO Public File Report in the Public Inspection Files and on the websites of all stations comprising the SEU (if they have a website) by the anniversary date of the filing deadline for that station’s license renewal application.  The Annual EEO Public File Report summarizes the SEU’s EEO activities during the previous 12 months, and the licensee must maintain adequate records to document those activities.

For a detailed description of the EEO Rule and practical assistance in preparing a compliance plan, broadcasters should consult The FCC’s Equal Employment Opportunity Rules and Policies – A Guide for Broadcasters published by Pillsbury’s Communications Practice Group.

Deadline for the Annual EEO Public File Report for Nonexempt Radio and Television SEUs

Consistent with the above, April 1, 2025 is the date by which Nonexempt SEUs of radio and television stations licensed to communities in the states identified above, including Class A television stations, must (i) place their Annual EEO Public File Report in the Public Inspection Files of all stations comprising the SEU, and (ii) post the Report on the websites, if any, of those stations.  Once the new Report is posted on a station’s website, the prior year’s Report may be removed from that website. Continue reading →

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The National Association of Broadcasters (NAB) yesterday filed a Petition for Rulemaking asking the FCC to establish a “clear timeline” to complete the transition to the ATSC 3.0 (a/k/a “NextGen TV”) television transmission standard.  The Petition follows last week’s NAB ex parte meeting with Chairman Carr and Acting Chief of the Media Bureau, Erin Boone, in which it advocated for a comprehensive industry-wide plan to expedite completion of the transition (along with measures to modernize and/or eliminate local and national broadcast ownership restrictions and reopen the long-dormant vMVPD proceeding).

The Petition for Rulemaking calls for a 2-phase approach to ending ATSC 1.0 transmissions and fully transitioning to the NextGen TV standard.  Phase 1 would require stations in the top 55 markets (representing approximately 70% of the U.S. population) to transition to ATSC 3.0 by February 2028, with limited waivers for small or noncommercial stations if necessary.  Phase 2 would require stations in the remaining markets to transition to ATSC 3.0 by February 2030.

In support of this transition plan, the Petition highlights a number of NextGen TV consumer benefits, including:

  • Improving the viewer experience with 4K ultra high-definition video, interactive broadcast apps, a high dynamic range picture, and improved audio with dialog enhancement to make programming more accessible;
  • Making available for the first time the Broadcast Positioning System (BPS), a new technology that leverages NextGen TV to transmit precise timing signals to address critical positioning, navigation and timing needs that is less vulnerable to jamming, spoofing, and cyberattacks than GPS, ensuring that critical systems remain operational during GPS disruptions.
  • Unlocking the “Broadcast Internet,” which can be used to relieve content delivery network congestion for high-demand streaming programming, deliver time-sensitive information to first responders in heavy crowd situations where mobile networks are overloaded, expand distance learning and telehealth accessibility, and enable many other datacasting applications;
  • Disseminating advanced emergency information during natural disasters and other emergencies; and
  • Ensuring continued public access to popular content, as the ability to offer 4K high dynamic range transmissions of sporting events may determine whether these events will remain available free over the air or will migrate to pay services that deliver a higher quality experience than the current ATSC 1.0 standard permits.

The Petition emphasizes that while broadcasters have made significant progress in rolling out NextGen TV over the past few years, a complete and coordinated transition will be necessary to take full advantage of NextGen TV’s capabilities and avoid trade-offs in picture quality and signal robustness that current capacity constraints impose when broadcasters are required to transmit duplicative signals in both ATSC 1.0 and 3.0. Continue reading →

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Seven-Figure Fine Proposed for Robocaller Targeting FCC Staff
  • FCC’s Enforcement Bureau Issues Payola Warning to Broadcasters
  • California Noncommercial TV Station Licensee Enters $25,000 Consent Decree to Wrap Up Investigation Into Multiple Rule Violations

FCC Proposes Seven-Figure Fine for Telecom Company Accused of Allowing Bad Actors to Use Its Network to Intimidate FCC Staff

The FCC proposed a multi-million dollar fine against a voice service provider accused of failing to prevent illegal voice traffic on its network.  Some of the pre-recorded calls targeted FCC staff and their families and purported to be from the FCC’s “Fraud Prevention Team,” which does not exist.  The calls attempted to extract money from the recipients through intimidation.

Under Section 64.1200(n)(4) of the FCC’s Rules, a voice service provider must take “affirmative, effective measures to prevent new and renewing customers from using its network to originate illegal calls, including knowing its customers and exercising due diligence in ensuring that its services are not used to originate illegal traffic.”  The rule gives voice service providers discretion as to how they police their own networks as long as the measures they put in place effectively prevent the origination of illegal traffic and ensure they know their customers.  Knowing your customer involves collecting and verifying customer information, including their corporate records, government identification, and the addresses from which they will be originating their calls.  The FCC has warned providers that high-volume callers merit heightened scrutiny to ensure they will not abuse the provider’s network.

In a redacted Notice of Apparent Liability for Forfeiture (NAL), the FCC detailed the parties involved in the alleged scheme, including the voice service provider and two of its customers.  The two customers were accepted as customers on the same day, and while they provided different names and email addresses, they both had the same physical address (a Toronto hotel) and used the same domain name.  According to the NAL, on the same day they were accepted as customers and into the next day, the two entities originated automated calls that reached FCC staff and sought to connect the recipients to a live caller who, in at least one case, demanded $1,000 in gift cards to help the caller avoid jail time for “crimes against the state.”

The FCC worked with the Industry Traceback Group to determine the origin of the suspected illegal robocalls.  The Enforcement Bureau then subpoenaed call records from the voice service provider and learned that the two customers made nearly 2,000 calls over the two days that FCC staff reported receiving calls.  The FCC’s investigation revealed that the information the customers provided to the voice service provider was false and that the voice service provider did not corroborate or independently verify the customers’ information, thereby failing to apply the scrutiny necessary for the company to know its customers.  The FCC noted that the customers paid the provider in untraceable bitcoin, which helped to conceal their identities, but said it was not a factor in the FCC’s finding of apparent rule violations. Continue reading →