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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:

  • $7,000 Consent Decree for National Cell Phone Provider Marketing Unauthorized Smartphone
  • FCC Pursues Missouri Property Owners Over Pirate Radio Broadcasts
  • New Hampshire AM Station Gets Notice of Violation for Failing to Air Station IDs

FCC Settles Investigation Into Marketing of Unauthorized Smartphone

A national wireless provider entered into a Consent Decree with the FCC’s Enforcement Bureau for marketing a smartphone in the United States prior to receiving equipment authorization for it from the Commission.  The phone was announced and marketing of it commenced on May 14, 2024.  The provider advertised and otherwise marketed the phone for over a week until it was made available for purchase on May 23, 2024.  The phone received an FCC equipment authorization on May 29, 2024.  During that two-week period, thousands of phones were sold to consumers in violation of the FCC’s equipment marketing rules.

Section 302(b) of the Communications Act and Section 2.803(b) of the FCC’s Rules prohibit marketing or importing radio frequency devices prior to receiving equipment authorization by the FCC.  “Marketing” includes selling, leasing, offering for sale or lease, advertising for sale or lease, importing, shipping, or distributing the device for sale or lease.  Sections 2.1203 and 2.1204 of the FCC’s Rules require radio frequency devices to receive equipment authorization approval prior to importation into the U.S. unless the device qualifies for an exemption and complies with the FCC’s applicable technical and administrative requirements.

In October 2024, the FCC sent a Letter of Inquiry (LOI) to the provider requesting information about the marketing of the smartphone and seeking information regarding compliance with the FCC’s import restrictions.  The provider timely responded to the LOI, explaining that it typically “relies on manufacturers to ensure that FCC equipment authorization procedures are met” and citing its contractual terms with the manufacturer regarding authorization prior to delivery.  The FCC determined, however, that those contractual references were insufficient to avoid a violation of its import rules.

To resolve the matter, the provider entered into a Consent Decree with the Enforcement Bureau under which it agreed to implement a Compliance Plan and make a $7,000 voluntary contribution to the U.S. Treasury.  The Consent Decree requires the provider to designate a compliance officer, implement a multi-part Compliance Plan, file annual compliance reports with the Commission for the next three years, and verify that all devices have proper FCC authorization (or qualify for an exemption) prior to accepting delivery of them.

Missouri Property Owners Warned Over Illegal Radio Broadcasts

The Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting (Notice) to two property owners in Boonville, Missouri.  The Enforcement Bureau’s Columbia Office investigated the property after receiving a complaint about unlicensed operation.  The agents confirmed, using direction-finding techniques, that unauthorized transmissions were emanating from the property on two separate occasions: December 18, 2024, and August 21, 2025.

FCC records indicated that no license had been issued for a broadcast station at that location, and the Enforcement Bureau determined that exemptions for extremely low-powered devices also did not apply. Continue reading →

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On August 29, 2025, the FCC released its Report and Order establishing the annual regulatory fees for Fiscal Year (FY) 2025.  The Commission followed that release with a Public Notice announcing that regulatory fees must be paid no later than 11:59 PM, Eastern Daylight Time on September 25, 2025. The fees must be paid for all licenses and initial construction permits granted on or before October 1, 2024.

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October 1 is the deadline for broadcast stations licensed to communities in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, the Mariana Islands, Missouri, Oregon, Puerto Rico, the Virgin Islands, and Washington 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, October 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 →