David Oxenford

By David Oxenford, Wilkinson Barker Knauer

Editor's note:  This column was originally written on November 2, 2025

In November, the biggest regulatory news may be the continuing federal government shutdown is continuing.  If the shutdown persists, comment deadlines discussed below may shift until after the government resumes normal operations.  As we discussed here, the FCC provided guidelines before the shutdown began on how regulatory deadlines would be impacted during the government shutdown, with most deadlines postponed until the day after the day that the FCC reopens.  Yet, as we noted here, many questions remain as to whether the FCC’s systems will be prepared for the backlog of filings suddenly due on one day, and as to how the reopening will affect actions like the LPTV/TV translator major change filing opportunity that was to have already been opened.  Be on the lookout for updates on what will occur should the federal government reopen this month.

One deadline unaffected by the shutdown is the requirement triggered by the end of Daylight Savings Time on November 2.  The change in the clocks means that AM daytime only stations, AM stations with different daytime and nighttime patterns, and AM stations operating with pre-sunrise and/or post-sunset authority should check their sign-on and sign-off times on their current FCC authorizations to ensure continued compliance with the FCC’s technical rules.  AM stations need to note that all times listed in FCC licenses are stated in standard time, not daylight savings time even if it is in effect.

November 3 is supposed to be the deadline (if the Federal Trade Commission is open for business) for comments responding to the FTC’s Request for Information seeking public comment on the use of noncompete agreements, seeking information on a variety of issues including why an employer may use noncompete agreements, typical salary ranges of employees subject to these agreements, their terms or limitations, and harms imposed on employees by these agreements.  As we discussed here, the FTC has decided that, instead of a blanket nationwide ban, it will address the harmful effects of noncompete agreements on a case-by-case basis, with the FTC Chairman and another commissioner issuing a statement promising that notices to many industries warning them about the improper use of these agreements will be forthcoming.

On November 20, the FCC will hold its regular required monthly Open Meeting at which it plans to vote on a draft Notice of Proposed Rulemaking proposing to auction a portion the Upper C-Band (3.7-4.2 GHz).  That band is used by earth station operators, including broadcasters, whose operations have already been curtailed by prior auctions of the Lower C Band to wireless operators (leading to payments to “incumbent” earth station operators whose facilities had been registered, reimbursing them for the costs of changing their operations because of the reallocation of the spectrum used by their earth stations).  The proposal to further curtail use of the C-Band for earth stations is intended to fulfill Congress’ mandate in the One Big Beautiful Bill Act that the FCC complete an auction of the Upper C-Band by July 2027.  The FCC proposes to clear incumbent earth station operators from the band over a five and a half-year period and, as with the prior migration to the Upper C-Band, the FCC proposes that new band users reimburse incumbent earth station operators for their transition costs.  The FCC proposes to define incumbent earth stations as those that were operational as of April 19, 2018, and remain operational, were licensed or registered as of November 7, 2018, and timely certified the accuracy of their information on file with the FCC by May 28, 2019 (the same conditions for reimbursement during the previous C-band transition). 

November 21 (if the FCC has resumed normal operations) will be the deadline for comments responding to the FCC Media Bureau’s Notice of Proposed Rulemaking proposing the substitution of the FM channel or class for the following 5 existing vacant FM allotments, replacing: Channel 221A at Hamilton, Alabama with Channel 277A; Channel 261B at Coalinga, California with Channel 261B1; Channel 291A at Rocksprings, Texas with Channel 289A; Channel 221A at Silverton, Texas with Channel 261A; and Channel 260C2 at Spur, Texas with Channel 281C2.  The Bureau determined that the existing vacant allotments do not comply with the FCC’s minimum distance separation requirements or otherwise do not comply with the FCC’s technical rules.  The Bureau stated that the proposed amendments would resolve the existing spacing conflicts and technical issues.  Reply comments are currently due December 8.

Looking ahead to December, as a reminder, the FCC suspended the requirement to file biennial ownership reports by December 1, so that is one regulatory burden that has been removed for broadcasters until at least 2027.

But, assuming that the government shutdown has been resolved and the government reopens, December 1 is the deadline for the filing of the Annual DTV Ancillary/Supplementary Services Report for the 12-Month Period Ending on September 30, 2025, and the submission of any payments that are due.  This applies to commercial and noncommercial full-power TV stations, Class A TV stations, and LPTV stations (including those operating on Channel 6) that have fee-based, non-broadcast revenues from their digital transmission capabilities.  This means that if TV stations earned fees for data transmission or other non-broadcast services, they must file the report and pay the fees.  If they did not, the report is not required.

December 1 is also the deadline for radio and television station employment units in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont with 5 or more full-time employees to upload their Annual EEO Public File Report to their stations’ online public inspection files (OPIFs).  A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area having at least one common employee.  For employment units with 5 or more full-time employees, the annual report covers hiring and employment outreach activities for the prior year.  A link to the uploaded report must also be included on the home page of each station’s website, if the station has a website.

The filing of the Annual EEO Public File Reports by radio station employment units with eleven or more full-time employees or TV stations with five or more employees triggers a Mid-Term EEO Review that analyzes the last two Annual Reports for compliance with the FCC’s EEO requirements.  The Mid-Term EEO Review begins December 1 for these larger radio station employment units in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.   Radio stations located in those states that are part of station employment units with five or more full-time employees must also indicate in their OPIFs whether their employment unit has eleven or more full-time employees, using a checkbox now included in the OPIF’s EEO folder.  This allows the FCC to determine which station groups need a Mid-Term EEO Review.  Television station employment units in Colorado, Minnesota, Montana, North Dakota, and South Dakota are also subject to this Mid-Term review.  See our articles here and here for more on the Mid-Term EEO Review.

There will be other deadlines in December – including December 8 effective date of the compliance requirement for determining if sponsors of advertising spots that are not for a commercial product or service or by a political candidate are foreign governments or their agents.  We will write more about the December dates and deadlines later this month.

In the interim, you should be watching for any news about the end of the shutdown and the deadlines that the government’s reopening will trigger.  And, as always, check with your own legal and engineering advisors as to the applicability of these dates and as to any other dates or deadlines that may apply to your operations.