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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 Warns New York Property Owners Over Pirate Radio Broadcasts
  • New Jersey AM Radio Station Cited for Tower, Power, and EAS Violations
  • FCC Targets Covered List Entity Over Equipment Authorization Violations

FCC Issues Notices to Three NY Property Owners Over Pirate Radio Activities on Their Premises

The FCC’s Enforcement Bureau issued Notices of Illegal Pirate Radio Broadcasting (Notices) to three property owners in New York following investigations into unlicensed FM broadcasts.  The Enforcement Bureau’s New York field office initiated the investigations after receiving complaints about unauthorized radio operations.  In each instance, agents used direction-finding techniques to confirm that the transmissions were emanating from the identified properties.

FCC records indicated that no license had been issued for a broadcast station to operate at those locations and frequencies, and the Enforcement Bureau determined that the signals were too powerful to qualify for any exemptions applicable to extremely low-powered devices.

Under Section 511 of the Communications Act, the FCC may impose significant fines not only on the pirate operators, but also on property owners who permit such activity on their premises.  The Notices warn that property owners can face fines of up to $2,453,218 if the FCC determines that they continue to allow unauthorized transmissions to occur on their properties.

The Notices direct the property owners to respond within ten business days providing evidence that the unauthorized broadcasts have ceased.  They also request that the property owners identify the individual(s) responsible for the pirate radio operations.

The Enforcement Bureau added that even if the property owners do not respond, the FCC may determine that it has sufficient knowledge of the pirate radio activity to support enforcement actions that could result in “significant financial penalties.”

FCC Pursues New Jersey AM Station for Tower, Power and EAS Violations

The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to the owner of a New Jersey AM radio station with several Pennsylvania transmission towers for multiple rule violations.  The NOV states that agents from the FCC’s New York field office inspected the station and its associated towers on two occasions in May and August 2025 and identified numerous rule violations.

According to the NOV, the agents found that the towers lacked lighting required by their Antenna Structure Registrations (ASR).  Section 17.23 of the FCC’s Rules requires that towers be painted and lighted in accordance with their registration.   The structures’ ASRs required a red beacon at the top level and two side marker lights at the one-third and two-thirds levels.  While each structure displayed a red beacon at the top, none of the required side marker lights were operational. 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, 2026, reflecting information for the months of January, February, and March 2026.

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, 2026, covering the period from January 1, 2026 through March 31, 2026. 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:

  • Airport Transmissions Lead to FCC Notice of Unlicensed Operation
  • FCC Issues Notice of Violation for Prolonged Tower Lighting Outage
  • FCC Cuts Off Voice Provider Linked to Illegal Robocalls

FCC Issues Notice of Unlicensed Operation for Unauthorized Aviation Frequency Use

Following a complaint of harmful interference at a Billings, Montana airport, the Denver office of the FCC’s Enforcement Bureau issued a Notice of Unlicensed Operation (NOUO) to an aviation services provider operating at the airport.

According to the NOUO, the FCC’s Denver field office received a complaint regarding unauthorized transmissions on 128.825 MHz at the Billings-Logan International Airport.  The complaint alleged that the transmissions were causing interference to a licensed operator at the airport.  During the investigation, an FCC agent located the source of the interference, and ultimately spoke with a provider of airport services, including charters, aircraft sales, and hanger space rentals.  The provider confirmed it was operating radios on 128.825 MHz as part of its fixed-base operator support services at the airport.  The FCC determined that no license had been issued authorizing the services provider to operate on that frequency.

Such unlicensed operations are prohibited by Section 301 of the Communications Act.  In the NOUO, the FCC warned the services provider that operating without a valid authorization violates federal law and could result in “substantial monetary fines, in rem seizure of the offending radio equipment, and criminal sanctions including imprisonment.”

The NOUO directed the company to immediately cease the transmissions and to not resume them unless it obtained the necessary FCC authorization.  It gave the company 10 days to provide any evidence of authority to operate on that frequency, at which point the FCC will “determine what, if any, enforcement action is required to ensure your compliance with the Commission’s rules.”

Michigan Tower Owner Cited for Failing to Maintain Required Obstruction Lighting

The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to a Michigan tower owner for failing to maintain required obstruction lighting.

According to the NOV, an agent from the FCC’s Chicago field office inspected the tower in November 2025 and found that its obstruction lighting was not operating as specified in the Antenna Structure Registration (ASR) database.  Section 17.23 of the FCC’s Rules requires that antenna structures be painted and lighted in accordance with their registration.  The ASR for the tower required medium intensity white obstruction lighting at night, including a top-level strobe and two mid-level strobes.  At the time of the inspection, however, all of the required lighting was dark except for a single low-intensity, non-strobing white light that did not comply with Federal Aviation Administration specifications. 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, 2026 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:

  • Public File Violations by Pennsylvania Class A Television Station Yield $6,000 Consent Decree
  • Spurious Emissions Lead to Notice of Violation for Hawaiian FM Station Licensee
  • Texas Radio Station Licenses Designated for Hearing Over Unauthorized Transfer of Control and Lack of Candor Claims

Pennsylvania Class A TV Station Licensee Agrees to $6,000 Consent Decree for Public File Violations

The Video Division of the FCC’s Media Bureau entered into a Consent Decree with the licensee of two Pennsylvania Class A TV stations to resolve an investigation into the stations’ failure to timely upload required documents to their online Public Inspection Files.

Section 73.3526(e)(11)(i) of the FCC’s Rules requires that every Class A TV 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.”  The list must include a brief narrative of the issues addressed, as well as the date, time, duration, and title of each program aired addressing those issues.  The list must be placed in the Public Inspection File within 10 days of the end of each calendar quarter.

In March 2023, the licensee filed its license renewal applications for the two stations.  In the applications, the licensee certified that it had timely uploaded all required documentation to each station’s Public Inspection File during the license term.  However, after FCC staff notified the licensee that documents were in fact missing from both stations’ Public Inspection Files, the licensee belatedly uploaded five missing Issues/Programs Lists to one station’s Public File, and six missing Issues/Programs Lists to the other station’s Public File.  The licensee subsequently amended its license renewal applications to change the certification regarding timely Public Inspection File uploads from “yes” to “no.”

A staff review found that during the license term, one station had a total of six late Issues/Programs Lists during the license term (five of which were entirely missing until July 2025), and the other station had a total of seven late uploads (six of which were entirely missing until July 2025).  To resolve the matter, the licensee entered into the Consent Decree in which it admitted the facts surrounding the violations and agreed to implement new policies and procedures to prevent a recurrence.  These include designating a compliance officer, creating formal operating procedures to prevent future violations, drafting a compliance manual and distributing it to relevant employees, and conducting regular employee compliance training.

The licensee also agreed to report to the FCC within ten business days of discovery any violation of the Public Inspection File rule or the terms of the Consent Decree during the next two years.  Finally, it agreed to make a $6,000 voluntary contribution to the U.S. Treasury.  In return, the Media Bureau agreed to grant the stations’ license renewal applications, but conditioned the grants on receipt of the $6,000 payment.

Hawaii FM Station Receives Notice of Violation for Spurious Emissions

The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to the licensee of an FM radio station in Hawaii for generating spurious emissions at its transmitter site.  Spurious emissions occur when unintended radio frequency signals are generated outside a station’s assigned bandwidth.  These have the potential to cause harmful interference to other licensed users.

According to the NOV, the FCC’s Honolulu field office received a complaint from the Federal Aviation Administration, leading to an FCC field agent monitoring the FM station’s transmissions on May 14, 2025.  The agent observed signals emanating from the station’s transmitter site that were outside its licensed frequency and which were above the allowable limit under Section 73.317(d) of the FCC’s Rules.  These spurious emissions should have been attenuated by at least 80 dB compared to the station’s licensed transmissions, but the agent found that the spurious emissions far exceeded that level. Continue reading →

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As noted yesterday, the FCC announced in a robocall proceeding that all individuals and entities that have a Federal Registration Number (FRN) in the FCC’s CORES database are now required to update it within ten business days of any change in the associated information. In the underlying Order, the FCC stated its reasons for doing so in relation to the Robocall Mitigation Database, which is one of the systems that automatically incorporates FRN information:

Requiring Filers to Update Information in CORES
To ensure that the Robocall Mitigation Database reflects up-to-date information, we adopt our proposal in the Notice that all entities and individuals that register in CORES in order to submit filings to the Database or that register for any other purpose be required to update any information submitted to CORES within 10 business days of any change to that information.

The FCC then made clear that its use of the phase “all entities and individuals that register in CORES” wasn’t accidental:

Additionally, keeping information in CORES up to date may have benefits outside the robocall proceeding as well. As we stated in the Notice, this procedural improvement will also benefit other Commission databases beyond the Database that make use of contact information imported from CORES. We therefore implement a 10-business day deadline for all CORES registrants to submit updates after a change in information occurs.

In that same Order, the FCC also established base fines for (a) misrepresenting such information and (b) failing to keep such information up to date:

We agree with commenters that inadvertent errors or minor lapses in compliance should not result in the same penalties as willful misconduct. We therefore find that the base forfeiture should be significantly lower than the $10,000 base forfeiture we set for submitting false or inaccurate information. That said, we agree with commenters who point out that inaccurate information in the Robocall Mitigation Database is still harmful—regardless of whether the inaccuracy results from malfeasance or neglect. Finally, we look to the penalties assessed in similar circumstances and note that the Commission has already established a $1,000 base forfeiture for failure to maintain required records. A base forfeiture in the amount of $1,000 in this instance creates a meaningful distinction between willful/malicious misconduct and inadvertent error. We find that a separate penalty for failure to update information in the RMD after a change has occurred is a necessary addition in order to ensure that filers make accuracy a priority. Finally, we hold that the integrity of the data in the RMD is no less critical than other records that licensees/authorization holders must maintain; accordingly, we apply a penalty, consistent with the fines applied in analogous circumstances. We therefore adopt a $1,000 base forfeiture for failure to update Database information within 10 business days.

Like the earlier aspect of the Order that focused entirely on FRNs in the robocall context, but then proceeded to apply a new 10-business-day requirement to all FRN holders, the language above, while focused on robocalling, seems to suggest that the FCC believes a $1,000 a day base fine is appropriate for all such inadvertent failures to update information. Supporting this view is the Order’s assertions that such a fine amount is based on “penalties assessed in similar circumstances” and the fact “that the Commission has already established a $1,000 base forfeiture for failure to maintain required records,” citing only on an FM radio decision to support both propositions.

Communications lawyers around DC, particularly those with broadcast clients, were alarmed by both the universally-applicable 10-business-day deadline to update FRNs, and the Commission’s suggestion that a $1,000 a day base fine seemed appropriate given the “analogous circumstances” of an FM radio decision. Adding to that concern was the fact that the cited FM radio decision involved a “failure to maintain required records” where—surprise—the FCC’s base fine is $1,000. Of course, that doesn’t mean the FCC would fine broadcasters with outdated FRNs $1,000 a day until their FRN is updated, but it certainly suggests they could.

Bulletins and alerts went out to clients from their DC law firms warning of the new 10-day requirement and the potential for fines for those failing to meet that deadline. FCC regulatees rushed to update their FRNs today, only to be frustrated when the sheer amount of resulting traffic crashed the FCC’s systems, preventing such updates from being filed.

Seemingly in response, late today the FCC released a Public Notice with the exciting title Wireline Competition Bureau Reminds Robocall Mitigation Database (RMD) Filers of Increased Base Forfeitures for Submitting False or Inaccurate Information and for Failure to Update RMD Filings. Not something a broadcaster or any other FCC licensee uninterested in robocall matters would typically read, but if there is anything to be learned from this episode, it is to read past the title of an FCC robocall document.

Those that did were rewarded in the second to last sentence which, to the FCC’s credit, was bolded and underlined, stating:

The Robocall Mitigation Database Report and Order did not address or change any forfeiture amounts that may be associated with failures to update the CORES information by non-RMD filers.

So it doesn’t say there won’t be fines associated with failures by those outside the robocall world to update their FRN information within 10 business days, but it at least states that the Order didn’t “address or change” those fines. We’ll call that a win. Still, I can’t help but wonder—if an FM radio station’s “failure to maintain required records” is “analogous” to a telecom provider’s failure to keep its contact information up to date in the Robocaller Mitigation Database, doesn’t that analogy run the other direction as well?

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Let’s state the obvious. The FCC’s use of mandatory Federal Registration Numbers was a bad idea from the start. It became monumentally worse today, when the FCC quietly announced that failure to update Federal Registration Number contact information within 10 business days of a change could trigger a $1,000 per day fine until it is updated, up to the current statutory maximum of $628,305.

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:

  • Satellite Communications Company Resolves Team Telecom Agreement Violations Through $175,000 Consent Decree
  • Michigan AM Station Cited for Tower and Other Violations
  • Five LPFM Applications Dismissed for Failing to Meet Localism Requirements

$175,000 Consent Decree for Satellite Communications Company’s Team Telecom Compliance Failures

The FCC’s Enforcement Bureau entered into a Consent Decree with a provider of satellite communications services to resolve an investigation into violations involving its international Section 214 and earth station authorizations.  The Consent Decree represents the first time a grantee has agreed to a financial penalty for violating a Team Telecom mitigation agreement.

Grant of the authorizations had been expressly conditioned on the company’s ongoing compliance with a Team Telecom mitigation agreement.  Team Telecom is an interagency group led by the Departments of Justice (DOJ), Homeland Security, and Defense.  It reviews foreign involvement in U.S. telecommunications transactions for national security and law enforcement concerns.  When Team Telecom identifies potential risks resulting from foreign involvement in a proposed transaction, it may recommend that the FCC not approve the transaction, or enter into a mitigation agreement with the applicant designed to ameliorate those concerns.

Where an applicant enters into a mitigation agreement, Team Telecom will typically inform the FCC that it does not object to the proposed transaction so long as the approval is conditioned upon continuing compliance with the mitigation agreement. The FCC then makes an independent decision as to whether to grant the requested authorization, but tends to defer to Team Telecom’s judgment regarding matters of foreign involvement, including as to whether the grant should be conditioned on compliance with a Team Telecom mitigation agreement.

The investigation at the core of this Consent Decree stemmed from a May 2024 referral by the DOJ, which received a notification from the company requesting approval to permit several foreign employees to have access to the company’s U.S. communications infrastructure and customer information.  The mitigation agreement required that the company submit foreign employee access requests to DOJ at least 30 days prior to permitting access.  The DOJ’s review of this request led to a finding that the company had already provided access to numerous foreign employees without first notifying the DOJ.

After the DOJ referred the alleged violation to the FCC, the FCC’s Enforcement Bureau commenced an investigation which concluded that the company had failed to notify the DOJ before giving 186 foreign employees access to the company’s U.S. communications infrastructure and customer information.  The FCC concluded that the failure stemmed from the company’s inadequate screening procedures.  Although all 186 employees were later cleared by the DOJ, the requests were submitted only after the investigation commenced.

To resolve the matter, the company entered into a Consent Decree in which it admitted the facts surrounding the violations and agreed to implement new policies and procedures to prevent a recurrence.  These include designating a compliance officer, creating formal operating procedures to prevent future violations, distributing a compliance manual to relevant staff, and conducting regular employee compliance training.  The company also agreed to submit regular compliance reports to the FCC over the next three years and promptly notify the FCC of any future violations.  Finally, it agreed to make a $175,000 voluntary contribution to the U.S. Treasury.

FCC Issues Notice of Violation to Michigan AM Station for Multiple Tower and Other Rule Violations

The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to the owner of a Michigan AM radio station for multiple rule violations.  The NOV notes that agents from the FCC’s Columbia and Chicago field offices had inspected the radio station and tower sites on two separate days in February 2025 and once again in September 2025, finding multiple rule violations. Continue reading →

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February 1 is the deadline for broadcast stations licensed to communities in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma 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, February 1, 2026 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 deadline to file the 2025 Annual Children’s Television Programming Report with the FCC is January 30, 2026, reflecting programming aired during the 2025 calendar year.  In addition, commercial stations’ documentation of their compliance with the commercial limits in children’s programming during the 2025 calendar year must be placed in their Public Inspection File by January 30, 2026.

Overview

The Children’s Television Act of 1990 requires full power and Class A television stations to: (1) limit the amount of commercial matter aired during programs originally produced and broadcast for an audience of children 12 years of age and under, and (2) air programming responsive to the educational and informational needs of children 16 years of age and under.  In addition, stations must comply with paperwork requirements related to these obligations.

Since the Act’s passage, the FCC has refined the rules relating to these requirements a number of times.  The current rules provide broadcasters with flexibility that prior versions of the rules did not in scheduling educational children’s television programming, and modify some aspects of the definition of “core” educational children’s television programming.  Quarterly filing of the commercial limits certifications and the Children’s Television Programming Report has been eliminated in favor of annual filings.

Commercial Television Stations

Commercial Limitations

The FCC’s rules require that stations limit the amount of “commercial matter” appearing in programs aimed at children 12 years old and younger to 12 minutes per clock hour on weekdays and 10.5 minutes per clock hour on the weekend.  The definition of commercial matter includes not only commercial spots, but also (i) website addresses displayed during children’s programming and promotional material, unless they comply with a four-part test, (ii) websites that are considered “host-selling” under the Commission’s rules, and (iii) program promos, unless they promote (a) children’s educational/informational programming, or (b) other age-appropriate programming appearing on the same channel. Continue reading →