The NAB is using the Trump Administration’s recent executive orders to shore up and expand its case against the FCC’s proposed expanded foreign sponsorship identification rules to the Office of Management and Budget.
In a new filing, NAB claims the Commission’s plan to enforce broad due diligence and recordkeeping obligations for foreign-sponsored content is not only unlawful but “runs headlong into some of the most critical priorities of the Trump Administration.”
The rules, which were approved in July 2024 by a 3–2 FCC vote under a Democratic-controlled Commission, would require broadcasters to verify and document whether all entities purchasing time on radio or television, including domestic organizations like state agencies or nonprofits, are connected to foreign governments.
In January, NAB first made its argument to the OMB that these requirements far exceed what is necessary to ensure transparency and are unlawful under the Administrative Procedure Act, the Paperwork Reduction Act, the Communications Act, and the First Amendment.
“The Commission’s expansion of its rules to require multi-step diligence involving thousands of non-candidate issue advertisements and paid public service announcements, with no evidence that any foreign governmental entity has even attempted to sponsor such advertising, cannot pass muster,” NAB wrote. “The underlying rules and related information collections also are at odds with recent administration directives to eliminate, modify and stop adopting/approving unlawful, burdensome regulations.”
Specifically, NAB cited Executive Orders 14192 and 14219, signed earlier this year by President Trump. EO 14192 mandates that federal agencies repeal ten regulations for every new one issued, ensure new regulatory costs are “significantly less than zero,” and eliminate outdated rules that hamper economic growth. EO 14219 directs agencies to rescind any regulation that is not authorized by clear statutory authority, imposes undue burdens on small businesses, or contradicts Supreme Court rulings on administrative overreach.
NAB noted that the FCC’s plan contradicts these orders by requiring redundant certifications from entities with no plausible foreign ties, such as the US Army or local school districts. The Commission’s requirement that broadcasters obtain and retain signed attestations from all time buyers was especially criticized.
“While broadcasters have no objection to the requirement to disclose foreign government sponsored content, the elaborate ‘morass’ of regulations the Commission has created… requires them to make inquiries and obtain certifications from entities that are obviously domestic,” NAB said.
The group also faulted the FCC for using outdated data and failing to account for the real number of affected broadcasters, which NAB estimates is closer to 200,000 leases nationwide. The Commission had relied on time brokerage agreement data that vastly undercounts leasing activity across the industry.
NAB again urged OMB to either reject the proposal outright or demand significant revisions “to minimize the burden on affected respondents.”
