David Oxenford

By David Oxenford, Wilkinson Barker Knauer

As it looks like the government shutdown is here for at least a while, here is an update on some of the impacts that the shutdown has on the FCC.  Also, this notes that the FAA is still open and the importance of continuing to report to the FAA any issues with tower lighting or marking that may arise:

The federal government shutdown began at 12:01 a.m. on October 1, 2025, after Congress failed to fund the government for the coming year or to pass a “continuing resolution” to allow government agencies to function at their current levels.  In anticipation of a shutdown, on September 30, 2025, the FCC released a Public Notice (the “Notice”) announcing that it will “suspend most operations” in the event of a shutdown.  This is a departure from previous government shutdowns when the FCC announced it had available funds to continue operations for a limited time after the end of general government appropriations.  As detailed in the Notice, broadcasters’ ability to do business with the FCC during the government shutdown has been greatly curtailed.

Below is a summary of how broadcasters will be affected by the FCC’s cessation of normal operations due to the federal government shutdown.

• Applications and Other Reports and Filings.  During the shutdown, broadcasters will be unable to file applications, reports, requests, notifications, pleadings, and other documents in the following FCC databases:

o   Licensing Management System (LMS) (used for AM, FM, TV, Class A, LPTV, FM and TV Translator, and FM Booster broadcast station filings);

o   Universal Licensing System (ULS) (used for broadcast auxiliary station and microwave station filings);

o   Emergency Alert System Test Reporting System (ETRS) (used for reporting on station’s EAS equipment and capabilities);

o   International Communications Filing System (ICFS) (used for earth station filings); and

o   Online Public Inspection File (OPIF) (used for maintaining station OPIF documents, including political files – but see below regarding station’s ongoing political file obligations).

NOTE:  We have received anecdotal reports that some of these FCC databases remain available for filing purposes, but that could be subject to change as the shutdown progresses.

As the FAA is unaffected by the shutdown, broadcasters must still make required filings in the FAA’s Notice to Airmen (NOTAM) Management Service (NMS) concerning tower lighting outages: https://nms.aim.faa.gov/.  Further information regarding the availability of other FCC databases during the shutdown is provided below.

• Filing Deadlines and Expiration Dates.  All filings that are due during the shutdown and expiration dates occurring during that time will now be due and/or expire the next business day after the FCC resumes normal operations.  A filing that is due on the day that the FCC resumes normal operations will be due the following business day.  The following is a non-exhaustive list of how certain broadcaster filings and deadlines will be affected by the shutdown:

o   Special Temporary Authority (STA) – Routine Station STAs that expire during the shutdown are extended until the day after normal FCC operations resume. However, any issues involving potential risks to life or property during the shutdown should seek an Emergency STA through the FCC Operations Center at (202) 418-1122.

o   Online Public Inspection File (OPIF) – As the OPIF will be unavailable during the shutdown, stations will have until the next business day after the FCC resumes normal operations to file reports and other documents due during the shutdown (e.g., Quarterly/Issues Programs Lists, EEO Public File Reports, Donor Lists, Political File, etc.).  NOTE:  Broadcast stations are still required to maintain a separate physical political file during the shutdown, and therefore stations should retain all political spot orders received during this time and have them available if an interested party requests them for review.

o   Silent Stations – Stations that are silent during the shutdown are still subject to the requirement under Section 312(g) of the Communications Act of 1934, as amended, of resuming operations on or before the one-year anniversary of going silent.  While such stations will be unable to notify the FCC that they have timely resumed operations, stations should document the date on which they have resumed operations and notify the FCC immediately after the agency has resumed operations of when the station has resumed operations.

o   Construction Deadlines – Unlike STAs, absent further FCC guidance, construction deadlines appear to be unaffected by the government shutdown.  While stations should continue to comply with their construction permit expiration dates, stations will have until the next business day after the FCC resumes normal operations to file license to cover applications and construction buildout notifications.  Deadlines for filing construction permit tolling requests falling during the shutdown through the day on which the FCC resumes normal operations are due on the next business day after the FCC resumes normal operations.

o   Rulemaking Proceeding Comment Deadlines – Deadlines for filing comments and reply comments in FCC rulemaking proceedings are suspended through the day on which the FCC resumes normal operations and will be considered timely accepted by the FCC on the day following the FCC’s resumption of normal operations.  Nevertheless, the FCC’s Electronic Comment Filing System (ECFS) will remain open during the shutdown for filings.  NOTE:  There will be no user support available for ECFS during the shutdown.

o   Responsive Pleadings – Deadlines for oppositions, replies, and other responsive pleadings (e.g., those related to petition to deny and informal objection proceedings) are suspended through the day on which the FCC resumes normal operations and will be considered accepted by the Commission on the day following the return to normal operations.  Where due dates for opposition, reply, or responsive pleadings to such filings would normally be counted from the date the underlying submission is filed, such due dates will be counted from the day after the FCC resumes normal operations.  Due dates for pleadings in reply or response to filings due or submitted prior to October 1, 2025 are not at this time extended beyond the day after the resumption of normal operations.  NOTE:  These extensions do not apply to enforcement matters for which other dates have been set by the Enforcement Bureau (see below). 

o   Enforcement Proceedings – Except as specified by the FCC’s Enforcement Bureau, there are no extensions of deadlines relating to enforcement investigations and other enforcement proceedings involving specific parties.  The Enforcement Bureau may contact the parties to those proceedings regarding their case-specific deadlines, and parties are welcome to contact the Bureau if they have any questions about those deadlines.  Any dates conveyed by the Enforcement Bureau in these individual contacts will govern over those set forth in the Notice.

• Filing and Regulatory Fees.  The FCC’s Fee Filer System will be unavailable during the shutdown.  This means that no regulatory fee or application fee payment can be made until the FCC resumes normal business operations.

• Available FCC Databases.  As of the date of this summary, the following is a non-exhaustive list of FCC databases that remain available to the public during the shutdown:

o   Antenna Structure Registration System (ASR): https://www.fcc.gov/wireless/systems-utilities/antenna-structure-registration (viewing only)

o   AM Query Station Search:  https://www.fcc.gov/media/radio/am-query

o   FM Query Station Search:  https://www.fcc.gov/media/radio/fm-query

o   TV Query Station Search:  https://www.fcc.gov/media/television/tv-query

o   General Menu Reports:  https://fjallfoss.fcc.gov/General_Menu_Reports/index.cfm

o   FCC Media Bureau, Audio Division Tools, Databases, and Calculators:  https://www.fcc.gov/media/radio/audio-division

o   FCC Media Bureau, Video Division Tools and Databases:  https://www.fcc.gov/media/television/video-division

o   Electronic Comment Filing System (ECFS):  https://www.fcc.gov/ecfs/search/search-filings

o   Electronic Documentation Management System (EDOCS):  https://www.fcc.gov/edocs

o   Tower Construction Notification System (TCNS):  https://www.fcc.gov/wireless/systems-utilities/tower-construction-notifications/tower-construction-notifications-0

o   Commission Online Registration System (CORES):  https://apps.fcc.gov/cores/userLogin.do (FCC Registration Number (FRN) registrations and management, FCC Red Light Status, but not payment of regulatory and application fees). 

• Emergencies.  During the shutdown, broadcasters may contact the FCC in the case of an emergency affecting the safety of life or the protection of property through the FCC Operations Center at (202) 418-1122 or FCCOPS@fcc.gov, which will remain staffed.