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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:

  • FCC Extends Consent Decree After New “Issues” Arise
  • FCC Resolves Pirate Radio Investigation With 20-Year Consent Decree
  • Spurious Emissions Lead to Notice of Violation for FM Translator Licensee

Order Extends Consent Decree Obligations Through 2029

The FCC’s Enforcement Bureau recently released an Order amending a 2024 Consent Decree with a nationwide business communications company extending the company’s compliance obligations by an additional year.  Under the amended terms, the company will now be required to file compliance reports through 2029 and report any noncompliance with the FCC’s rules or the Consent Decree during the now extended term within 15 days of discovery.  The Order did not assess any new fines, but incorporated the extended reporting period and updated several provisions of the original Consent Decree.  The FCC did not elaborate on the reasons it deemed the extension necessary, stating only that it was done “to resolve issues arising after adoption and release of the Consent Decree.”

As we discussed here in April 2024, the company agreed to the original Consent Decree to resolve an FCC investigation into its unauthorized control and operation of multiple private business radio licenses.  The investigation stemmed from the company’s acquisition of entities holding FCC licenses without prior FCC approval, along with continued operations under expired or improperly transferred authorizations.  To resolve the investigation, the company agreed to pay a $100,000 civil penalty, implement a multi-year compliance plan, and submit annual compliance reports to the FCC for four years.  Due to the additional “issues,” the four-year compliance plan is now a five-year compliance plan.

The important takeaway from this proceeding is that a consent decree does not mark the end of an investigatory encounter with the FCC, but is merely a waypoint.  The penalty for a repeated offense while the consent decree is still in effect can be substantial.  In addition, most consent decrees require the alleged violator to promptly report any new violations to the FCC, greatly increasing the likelihood that new violations will come to light (and of course concealing violations that a consent decree requires be promptly reported ramps up the risk of severe FCC enforcement action considerably).  So those who sign a consent decree thinking the worst is behind them need to make a concerted effort to ensure that there are no future violations as well, particularly during the term of the consent decree.  The enforcement process does not end when the “voluntary contribution” payment is made under a consent decree.  It continues quietly, through compliance reports, follow-up reviews, and, when needed, renewed enforcement action.

Massachusetts Pirate Radio Operator Agrees to Lengthy 20-Year Consent Decree

The FCC’s Enforcement Bureau has entered into a Consent Decree with an individual operating a pirate radio station in Massachusetts.  Pirate radio operations are illegal under the Communications Act of 1934 and can interfere with licensed communications, posing a danger to the public by interfering with licensed stations carrying public safety messages, including Emergency Alert System transmissions.

The Consent Decree follows the FCC’s issuance of a $40,000 Notice of Apparent Liability for Forfeiture (NAL) in April 2024 for operating an unauthorized FM broadcast station without a license.  In the NAL, the FCC found that the individual had twice violated the FCC’s Rules, on June 6 and July 11, 2023, by operating an unauthorized radio station.  Under Section 511 of the Communications Act, the FCC may impose a fine against any person “who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting.” Continue reading →

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December 1 is the deadline for broadcast stations licensed to communities in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont 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, December 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 →