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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:

  • Numerous Rule Violations Lead to Consent Decree and Sale for Kentucky FM Stations
  • Notice of Violation Issued to Michigan FM Translator Licensee for Excess Transmitter Power and Using Wrong Antenna
  • Texas Tower Owner’s Extended Lighting Outage Generates Notice of Violation

Kentucky Broadcaster Enters Consent Decree Requiring Sale of Stations Over Late License Renewals, Unauthorized Operations and Public File Violations

The FCC’s Media Bureau entered into a Consent Decree with the licensee of four FM radio stations in Kentucky to resolve an investigation into numerous rule violations involving late-filed license renewal applications, periods of silence, reduced-power operations without FCC authorization, Public Inspection File violations, and inaccurate certifications in the stations’ license renewal applications.

The investigation began during the Media Bureau’s review of the stations’ license renewal applications.  Section 73.3539(a) of the FCC’s Rules requires broadcast license renewal applications to be filed no later than the first day of the fourth full calendar month before expiration of the station’s license.  The four stations’ applications were due April 1, 2020, but were not filed until May 1, 2020.  The FCC subsequently received information alleging that the stations had been off the air for an extended period and an Informal Objection to license renewal for one of the stations raising additional questions about that station’s operations and Public Inspection File.

The investigation uncovered numerous operational violations.  Section 73.1740(a)(4) of the FCC’s Rules requires a licensee to notify the FCC when an FM station remains silent for more than 10 consecutive days and to request Special Temporary Authority (STA) to remain silent if it cannot resume operation within 30 days.  Similarly, Section 73.1560(d) requires notification when a station operates at reduced power for more than 10 days and an STA if full-power operations are not restored within 30 days.  In the Consent Decree, the licensee admitted that all four stations were off the air for more than 30 days in 2021 without obtaining STAs and that one station also operated at reduced power for more than 30 days without an STA.

The licensee also admitted that Quarterly Issues/Programs Lists required by Section 73.3526(e)(12) of the FCC’s Rules were missing or uploaded late to the stations’ online Public Inspection Files, and that a local programming and marketing agreement involving three stations was missing from those stations’ Public Inspection Files.  The existence of those violations also meant that the licensee’s certifications in its license renewal applications that it had complied with the Public File rule and the FCC’s minimum operating schedule requirements were not accurate.  Section 1.17(a)(2) of the FCC’s Rules prohibits submitting material factual information to the FCC that is incorrect or misleading without a reasonable basis for believing it to be accurate.  The licensee subsequently uploaded most of the missing documents and amended the license renewal applications to correct its certifications.

To resolve the investigation, the licensee agreed to implement a three-year compliance plan requiring, among other things, appointment of a compliance officer, drafting a training manual with written operating procedures for employees, conducting annual employee training, reporting future violations to the FCC within ten business days of discovery, and filing annual compliance reports with the FCC.

The Media Bureau noted that while Consent Decrees often require payment of a monetary penalty to the government, it did not impose one here because the licensee had demonstrated it lacks the ability to pay such a penalty.

In adopting the Consent Decree, the Media Bureau indicated that the violations would normally warrant a short-term license renewal (typically a one to three-year license term rather than the standard eight-year term), but stated that since the stations were being sold to a new licensee, it would grant the standard license renewal term, but condition the renewal grants on completion of that sale.  The purchaser must abide by the terms of the Consent Decree.  The Media Bureau indicated it would grant the stations’ license renewal and assignment applications in a separate order.

Unauthorized Antennas and Excessive Transmitter Power Lead to Notice of Violation for Michigan FM Translator

The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to the licensee of a Michigan FM translator station for operating with an unauthorized antenna system at nearly four times its licensed transmitter power.  According to the NOV, an FCC field agent inspected the station in July 2026 in response to a complaint and identified both violations.

Section 74.1251(b)(2) of the FCC’s Rules requires FM translator licensees to file an application on FCC Form 349 before changing a station’s transmitting antenna system.  The translator was authorized to operate with an antenna oriented to two specified azimuths.  During the inspection, however, the agent found that the station was using a three-antenna array oriented to entirely different azimuths.  The Enforcement Bureau concluded that the array did not maintain the station’s authorized antenna pattern and that the licensee had not filed the required application seeking approval to change its antenna system.

The agent also found that the translator was operating well above its authorized transmitter power.  Section 74.1235(e) of the FCC’s Rules provides that an FM translator’s transmitter power output may not exceed 105 percent of its authorized level.  The station was authorized for a transmitter power output of 38 watts, but the FCC measured it operating at 150 watts, or 394 percent of its authorized transmitter power.

The NOV requires the licensee to submit a written response within 20 days fully explaining each alleged violation and all relevant surrounding facts and circumstances, including the specific actions taken to correct the violations and prevent them from recurring.  The response must include a timeline for completing any corrective actions and be supported by an affidavit or declaration from an authorized officer of the licensee with personal knowledge of the facts.  While the NOV does not itself impose a fine, the FCC may take additional enforcement action after reviewing the licensee’s response, including issuing a Notice of Apparent Liability for Forfeiture.

Unrepaired Tower Beacon Leads to FCC Notice of Violation for Texas Tower Owner

 The FCC’s Enforcement Bureau issued a Notice of Violation to the owner of a Texas tower for failing to repair a required obstruction light.  According to the NOV, an agent from the FCC’s Dallas field office determined through research and other investigative methods that the tower’s top beacon had remained extinguished for an extended period of time.

Section 17.23 of the FCC’s Rules requires towers to be painted and lit in accordance with their tower registrations.  The registration for the Texas tower required it to display a red beacon at the top and two steady-burning red side marker lights at its midpoint.  Sections 17.6(a) and 17.56 require tower owners to maintain the specified tower lighting and complete any repairs as soon as practicable.

A representative of the tower owner confirmed to the FCC agent on July 3, 2025 that the top beacon was not functioning and was awaiting repair.  The agent reminded the representative that the light must be repaired as soon as practicable.  Despite the warning, in emails sent in December 2025 and January, March, and May of 2026, the representative confirmed to the agent that the beacon had still not been repaired and remained extinguished.  The beacon therefore remained dark for more than ten months after the tower owner first acknowledged the outage.

In response, the Enforcement Bureau issued the NOV to the tower owner.  It requires that a written response be submitted to the FCC within 20 days fully explaining each violation and all relevant surrounding facts and circumstances, including the specific actions taken to correct the violations and prevent future incidents.  The response must include a timeline for completing repairs and be supported by an affidavit or declaration from an authorized officer of the tower owner with personal knowledge of the facts.  Upon receipt of the response, the Enforcement Bureau will determine whether further actions, such as issuance of a fine, are appropriate.

A PDF of this article can be found at FCC Enforcement ~ September 2026.

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Broadcasters’ next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ Public Inspection Files by October 10, 2026, reflecting information for the months of July, August, and September 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. Continue reading →

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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, 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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October 1, 2026 is the deadline for commercial TV stations to (1) upload to their online Public Inspection File their must-carry/retransmission consent carriage election statements for the three-year cycle covering January 1, 2027 to December 31, 2029, and (2) directly notify MVPDs of any changes to their carriage elections.

Under the FCC’s electronic carriage election procedures, commercial TV stations must place statements electing either must-carry or retransmission consent in their Public Inspection File by October 1 every third year and retain the statement there throughout the three-year election cycle.  A separate notice sent directly to an MVPD is only required when a station wishes to change from the carriage status it elected with respect to that MVPD for the prior three-year cycle.  Television stations and satellite providers must maintain up-to-date contact information for carriage-related issues in their online Public Inspection File, and cable operators must do the same in the FCC’s Cable Operations and Licensing System (COALS) database.  If they have not already done so, stations and MVPDs should immediately check to confirm that the contact information currently listed in their Public Inspection File or COALS is accurate and up to date.

A station wishing to change from its current carriage election with respect to an MVPD must, in addition to uploading the new carriage election statement, send notice of that change directly to the MVPD’s email address provided in the MVPD’s Public Inspection File or COALS (and copy the FCC at ElectionNotices@FCC.gov).  The station must also place a copy of the emailed election change notice in its Public Inspection File alongside the station’s carriage election statement.  MVPDs are required to confirm receipt of the change notice as soon as possible.  If a station does not receive confirmation, it must follow up using the telephone number provided in the MVPD’s Public Inspection File or COALS.  A station that retains records demonstrating it took the required steps and timely uploaded its election materials to its Public Inspection File will be able to demonstrate that it complied with the FCC’s election procedures.

Noncommercial educational (“NCE”) television stations are not entitled to elect retransmission consent, so their process is slightly different.  These stations are required to make an initial request for carriage, which most did back when the FCC’s electronic election procedures took effect in 2020.  Thereafter, NCE stations are required to maintain their carriage requests in their Public Inspection File.  As a result, NCE stations do not make new triennial elections every three years, but should verify that their carriage-related information remains accurate and current in their Public Inspection File.

Separate procedures also apply to those Low Power TV stations that qualify for must-carry but which are not required to maintain a Public Inspection File.  Qualified LPTV stations must provide an initial carriage election by email directly to MVPDs and thereafter provide a new email notice when changing their election for the upcoming three-year cycle.  As with full-power commercial television stations, a qualified LPTV station must copy ElectionNotices@FCC.gov when making initial or change notifications to MVPDs.  Because these stations do not have an online Public Inspection File, they must ensure that their contact information in the FCC’s Licensing and Management System is up to date so that MVPDs can contact them with any carriage-related questions.

To avoid last-minute issues in meeting the October 1 deadline, commercial TV stations should review their carriage arrangements now, determine whether they will maintain or change them for the 2027-2029 cycle, and then place the appropriate election documentation in their Public Inspection File and send any required email notifications to ensure those are received by the October 1 deadline.

Stations that are planning to change their election with respect to an MVPD should also confirm the MVPD’s listed contact information well in advance of the deadline to avoid last-minute issues, such as discovering that the FCC’s Public Inspection File or COALS databases are offline for maintenance or other reasons, or that the MVPD’s contact information is simply missing from those databases.  This will ensure the station has sufficient time to determine and implement the best alternative approach should that be necessary.

Finally, after uploading these documents to the Public Inspection File, stations should take the added step of confirming that the uploaded documents are visible on the public-facing side of the Public Inspection File so it is clear that the station completed all steps by the October 1 deadline.

A PDF of this article can be found at October 1 Deadline Approaching for TV Stations’ Must-Carry/Retransmission Consent Elections.

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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:

  • Georgia GMRS Licensee Receives Notice of Violation for Improperly Linking Repeaters
  • FCC Cites Electronic Billboard Owner in Colorado for Years of Harmful Interference
  • Three Texas FM Translators Cited for Retransmitting Wrong Primary Station

Improperly Linked Repeaters Generate Notice of Violation for Georgia GMRS Licensee
The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to a Georgia General Mobile Radio Service (GMRS) licensee for improperly linking multiple GMRS repeaters via the internet. Linking the repeaters allowed them to simultaneously retransmit radio messages over a larger geographic area than permitted under FCC rules.

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:

  • FCC Proposes $25,000 Fines Against Eight Companies for Failing to Respond to Enforcement Bureau Letters of Inquiry
  • Louisiana Broadband Provider Enters $10,000 Consent Decree to Resolve Investigation into Inaccurate Reimbursement Program Certification
  • Texas AM Stations Face Possible License Revocation Over Unpaid Regulatory Fees

Eight Companies Face $25,000 Fines for Failing to Respond to FCC Letters of Inquiry
The FCC’s Enforcement Bureau (Bureau) issued eight Notices of Apparent Liability for Forfeiture (NALs) proposing a total of $200,000 in fines against eight companies for failing to respond to Bureau Letters of Inquiry (LOIs). Each company faces a proposed $25,000 fine for failing to respond to an LOI seeking information about whether it marketed radiofrequency equipment in the United States that was included on the FCC’s Covered List.

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August 1 is the deadline for broadcast stations licensed to communities in California, Illinois, North Carolina, South Carolina, and Wisconsin 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, August 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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This advisory is directed to television stations with locally produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided the station’s signal to at least one viewer outside the station’s local service area during 2025. These stations may be eligible to file royalty claims for compensation with the U.S. Copyright Royalty Board. These filings are due by July 31, 2026.

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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:

  • Texas FM Translator Licensee Agrees to $50,000 Consent Decree for Multiple Rule Violations
  • Public File Violations Result in $41,000 Consent Decree for Pennsylvania Television Station
  • Illinois AM Station Receives Notice of Violation for Tower Registration and Lighting Failures

Violations Yield $50,000 Consent Decree for Texas FM Translator Licensee
The FCC’s Media Bureau entered into a Consent Decree with the licensee of two Texas FM translator stations to resolve an investigation into numerous violations of the Commission’s rules governing FM translator operations, station ownership, use of unauthorized equipment, and the failure to seek Special Temporary Authority (STA) to remain silent for more than 30 days.

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Broadcasters’ next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ Public Inspection Files by July 10, 2026, reflecting information for the months of April, May, and June 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.

Continue reading →