David Oxenford

By David Oxenford, Wilkinson Barker Knauer

With much of everyone’s focus on the outcome of the November 3 midterm elections, broadcasters cannot forget the regulatory dates and deadlines in November and early December.  While the dates and deadlines in November tend to be lighter than in other months, many routine deadlines do fall in early December, and even the upcoming month does have dates worthy of note to all broadcasters—including the nationwide test of the Emergency Alert System (EAS), which is scheduled for November 17.  For more on the nationwide EAS test and broadcasters’ accompanying filing obligations in the FCC’s EAS Test Reporting System (ETRS), as well as other dates and deadlines occurring next month and in early December, here is our look at what is coming your way.

Daylight Savings Time ends on November 1.  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.

The noncommercial educational (NCE) reserved band (88.1-91.9 MHz) FM translator filing window will open at 12:01 a.m. ET on November 4 and will close at 6:00 p.m. EST on November 17.  To have an application considered by the FCC, by November 17, applicants must have complete applications in the FCC’s electronic filing system providing all the information necessary to establish the applicant’s claims for points to be used in the FCC’s “points system” to choose between mutually exclusive applicants (applicants who, for technical reasons, cannot both be granted without destructive interference).  For more on the points system, see our articles here and here.  Applicants are limited to 10 applications nationwide, except that LPFM operators are only allowed to file for 2 translators (4 if they are a Tribal group).  See our articles here, here, here, and here for more on the NCE FM translator filing window. As we noted here and here, the FCC implemented a filing freeze on all reserved and non-reserved band LPFM, FM translator, and FM booster station minor modification applications to freeze the FM database to facilitate the preparation of applications for the new translators in the reserved band.  The freeze began on October 2 and will end at 6:00 p.m. ET on November 17.

November 9 is the deadline for reply comments responding to the FCC Wireless Telecommunications Bureau’s Public Notice seeking comment on the Upper C-band Transition Preliminary Cost Catalog.  The Cost Catalog provides the expected costs of equipment and services that will be incurred by existing C-Band operators.  In July, the FCC adopted rules reconfiguring the upper C-band (3.7-4.2 GHz) for terrestrial wireless use and requiring incumbent operators to clear the band, including earth stations used by broadcasters for receiving satellite-delivered programming (see our note here).  The FCC required new upper C-band licensees to reimburse eligible incumbent earth station operators for their transition costs and directed the Bureau to create a catalog of reimbursable costs.  The Bureau seeks comment on the proposed cost catalog and whether the reimbursement policies and procedures used when the  lower C-band was cleared for wireless uses should also be used for the clearing of the upper C-Band or if those rules should be changed.  Comments were due October 20.

The nationwide EAS test is scheduled to occur at 2:20 p.m. ET on November 17 (with December 3 as a back-up date if the test must be rescheduled).  All EAS participants, including broadcasters, must participate in the EAS test and must make the required ETRS filings.  ETRS Form One was due October 30 to provide information about each station and the EAS equipment it uses.  ETRS Form Two, reporting on the receipt of the test, is due by 2:20 p.m. ET on November 19 (or at 2:20 p.m. ET on December 5 if the test is rescheduled).  ETRS Form Three, providing more details about the test reception, is due by January 4, 2027 (or on January 18, 2027 if the test is rescheduled).  ETRS Forms Two and Three will be available in the FCC’s filing system on November 17, at the time of initiation of the nationwide test.  We provide more details about this nationwide EAS test on our Broadcast Law Blog, here.

November 18 is the deadline for reply comments responding to XGN/X1 Mobile and Tyche Media’s petition for rulemaking requesting that the FCC allow LPTV stations to use the 5G Broadcast transmission standard as an alternative to the ATSC 1.0 and 3.0 transmission standards.  The petition proposes authorizing deployment of the 5G Broadcast standard on a voluntary basis.  The proposal would require that 5G Broadcast stations offer a 720p linear free-to-air stream, reserve a minimum average of 50% of remaining capacity (never less than 2 MHz) for public safety uses, and would prohibit any LPTV station qualifying for mandatory MVPD carriage from implementing 5G Broadcast operations.  Comments were due October 19.

November 18 is also the deadline for comments responding to the FCC’s Further Notice of Proposed Rulemaking adopted last month concerning reforms to its National Historic Preservation Act (NHPA) framework for determining if constructing communications facilities, including broadcast towers, affect historical sites.  This review will also look at FCC obligations under the Endangered Species Act.  As we noted here, in an accompanying Report and Order, the FCC significantly relaxed its National Environmental Policy Act (NEPA) framework for determining if constructing communications facilities affects the environment.  In the FNPRM, the FCC seeks comment on whether its historical review procedures and those under the Endangered Species Act should be applied to fewer FCC actions, including whether the FCC’s licensing procedures should even trigger review and whether the FCC should change its review procedures in a manner similar to the way it changed NEPA review.  Reply comments are due December 3.

Broadcasters should already be offering lowest unit rates to political candidates running in the November 3 election.  As we noted in last month’s look at October regulatory dates, there are a surprising number of state and local elections later in November (noted last month) and coming up in December.  Lowest Unit Rates apply to advertising sales to candidates in those state and local elections just as they apply to elections for federal office (see our article here on the basics of computing LUR).  See our article here on the basics of computing LUR.  Several states, including American Samoa, Arkansas, Georgia, Guam, Mississippi, South Carolina, and the U.S. Virgin Islands, provide for run-off elections should no candidate meet certain vote thresholds in the November 3 election.  LUR for these run-offs will commence once the participants are identified and run through the date of the run-off election.  These dates are listed below:

As a refresher, in the 45 days before a primary election, and 60 days before a general or special election, broadcasters must extend to legally qualified candidates their lowest unit rate and continue to follow all other applicable political broadcasting rules.  For a deeper dive on how to prepare for the 2026 elections, see our post here, which also includes a link to our comprehensive Political Broadcasting Guide.  Also, look at our 2026 Broadcasters’ Calendar to see if your state has any upcoming primary, general, or special election (and confirm that all dates for political windows, including those listed above, are accurate as some dates have changed since the calendar was prepared).

Looking ahead to December, 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, 2026, 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 TV stations with 5 or more employees triggers a Mid-Term EEO Review that analyzes the last 2 Annual Reports for compliance with the FCC’s EEO requirements.  The Mid-Term EEO Review begins December 1 for these TV station employment units in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.  See our articles here and here for more on the Mid-Term EEO Review.

There will be other deadlines in December which we will write more about later next month.

As always, consult your own legal and technical advisors for other dates of importance that might apply to your stations in the upcoming months.