This Week in Regulation for Broadcasters: September 7, 2026 to September 11, 2026

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

• The FCC released a draft Report and Order and Further Notice of Proposed Rulemaking which, if adopted at its September 30 regular monthly Open Meeting, would significantly revise the FCC’s procedures under the National Environmental Policy Act (NEPA) for determining if constructing communications facilities, including broadcast towers, affect the environment.  These reforms limit the actions subject to FCC environmental review and streamline and expedite the review process for those projects that remain subject to NEPA.  The reforms generally require review of broadcast activities only when the construction of a new tower requires an Antenna Structure Registration.  The Further Notice seeks comment on the FCC’s related National Historic Preservation Act (NHPA) framework, including whether the FCC’s spectrum licensing procedures trigger the need for historic preservation review and whether the FCC should undertake changes like those planned for NEPA review that would make the FCC’s NHPA framework more efficient. 
• The U.S. Senate Commerce Committee announced that it will hold a hearing on September 17 where it will consider the nomination of Danielle Thumann (Severs) for one of the vacant seats on the FCC.  Thumann currently works as Senior Counsel to FCC Chair Brendan Carr.  Earlier in her legal career, in addition to other positions at the FCC, she worked for Crown Castle tower company and the Wilkinson Barker Knauer law firm in Washington.  She has been nominated to fill the vacant Republican seat on the FCC.  As no one has been nominated for the vacant Democratic seat, and as Democratic Commissioner Gomez’ term has expired as well (though she can continue to serve through the end of 2027), there is some speculation that Senate Democrats will try to hold up her confirmation until a Democratic nomination is made.
• The FCC’s Media Bureau released an updated Media Bureau Fact Sheet correcting the 2026 regulatory fee amount for LPTV, Class A TV, and TV translator stations ($255).  The original Media Bureau Fact Sheet released last week provided an incorrect 2026 fee amount for these stations, and this change matches the fee owed by these stations as set out in the FCC’s August Report and Order, which officially set the 2026 fee amounts.
• The U.S. Court of Appeals for the District of Columbia Circuit dismissed a petition for writ of mandamus filed by several former FCC chairs, commissioners, staff, and public interest groups asking that the Court order the FCC to act on their petition filed in November 2025 seeking an FCC determination that the news distortion policy should be abolished.  As we noted here, the petition was titled a “Petition for Special Relief” and argued that the policy violates the First Amendment because the FCC was using it to suppress viewpoints critical of President Trump and the policy cannot be applied without embroiling the FCC in prohibited content-based decision making.  In June, the Media Bureau dismissed the petition, finding that the FCC’s rules did not explicitly allow a “special relief” petition to be filed to change a Commission policy (see our note here).  The petitioners subsequently argued to the Court that the Bureau’s dismissal was part of a pattern of unreasonable delay by the Commission in acting on their petition, while the alleged pattern of abuse of the news distortion policy continued to suppress the First Amendment rights of broadcasters and journalists.  The Court rejected the petitioners’ request in a very short order, finding that they failed to show that they could not obtain review of the Bureau’s dismissal of their petition by the full Commission before appealing the decision to a federal court.
• The Media Bureau released a Public Notice announcing that October 11 is the deadline for all U.S.-based “foreign media outlets” classified as “an agent of a foreign government” under the Foreign Agents Registration Act to notify the FCC of their relationship to, and whether the outlet receives any funding from, a foreign government or political party.  This requirement applies to companies providing video programming to cable and satellite television systems.  The FCC must report to Congress every 6 months on the operations of U.S.-based foreign media outlets, with the next report due on or before November 11.
• FCC Commissioner Gomez issued a statement after late-night ABC host Jimmy Kimmel announced that his interview with Democratic Texas State Representative James Talarico—who is also a candidate for the Texas U.S. Senate seat—will not air on ABC network TV stations due to the FCC’s alleged pressure campaign against ABC.  Gomez said that the decision “shows just how far this Administration’s campaign of censorship and control has gone.” Gomez also said that “any attempt to pressure broadcasters into self-censorship undermines both press freedom and the public’s right to hear from candidates in their communities seeking public office,” and that “the FCC has no lawful authority to threaten broadcast licenses over guest bookings or editorial decisions.” 
• The Media Bureau released a Memorandum Opinion and Order granting a Washington TV translator licensee’s petition requesting reconsideration of the Bureau’s 2023 Forfeiture Order fining the licensee $4,500 for filing its 3 translators’ license renewal applications over 2 months late.  In the Forfeiture Order, the Bureau found that the licensee failed to timely respond to the underlying Notice of Apparent Liability for Forfeiture (NAL), by paying the proposed fine or seeking its reduction or cancellation.  The Bureau found that while the licensee did not timely respond to the NAL, it was in the public interest to reduce the fine to $600 due to the licensee’s documented inability to pay the fine. 
• The FCC’s Enforcement Bureau issued a Notice of Violation against a Texas broadcaster because the top beacon on the broadcaster’s tower was not lit as required by its Antenna Structure Registration and the beacon had not been repaired after several Bureau inquiries.  The broadcaster must now explain to the Bureau how it will correct the rule violations and prevent future violations from occurring.