In June, the FCC adopted new rules requiring broadcasters to ensure that airtime lessees are not linked to foreign governments, following a 3-2 vote. Now a date is set for when those rules take effect, ahead of the upcoming general election.
Effective August 15, these changes, as outlined in the Commission’s Second Report and Order, aim to increase transparency by mandating broadcasters to disclose the foreign sources of programming at the time of broadcast.
This development is in response to a federal appeals court overturning a previous set of regulations in July 2022. The updated rules offer broadcasters two simplified methods for demonstrating compliance, addressing the challenges posed by the former regulations that were criticized for requiring exhaustive investigations.
These rules mandate clear disclosure of any foreign government-sponsored programming on radio and television stations, revising provisions from an April 2021 order that notably targeted services like Sputnik. This adjustment responds to a 2022 DC Circuit ruling that called for a reassessment of identification requirements.
Broadcasters now have the option to use a standardized FCC certification or to show lessees’ search results from specified federal websites, with annual checks required for ongoing programming. The new guidelines also exempt commercial goods and services advertisements from these rules, though issue ads and paid public service announcements will still need to comply. There is no exemption for religious programming.
While some rule modifications will take effect in mid-August, others involving new or altered information collection requirements will await approval from the Office of Management and Budget under the Paperwork Reduction Act. The Media Bureau will issue a future public notice to announce the compliance dates for these specific provisions.
