Legal Leaders Address Radio’s DC Turmoil Head On At HRC 2025

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“Intrigue, betrayal, and drama left and right” set the tone for this year’s regulatory panel at Hispanic Radio Conference 2025. Moderated by Fletcher, Heald & Hildreth Partner Frank Montero, the annual session felt especially urgent amid a volatile DC under President Donald Trump.

The eagerly anticipated roundtable followed an inspirational keynote from sales trainer Peter Remington and a high-impact session with automotive dealer experts discussing modern sales strategies amid tariffs and economic uncertainty out of Washington – conversations available exclusively to conference attendees.

Panelists included Latino Media Network Chief Legal and Compliance Officer Aleksandra Cuprys, Colorado Broadcasters Association President and CEO Justin Sasso, and Entravision Deputy General Counsel Christopher Wood. What began as a discussion on policy direction under a new Republican administration quickly unfolded into a comprehensive and urgent call for broadcasters to remain vigilant as the FCC’s power dynamics shift.

With the departure of both Republican Commissioner Nathan Simington and Democratic Commissioner Geoffrey Starks, FCC Chairman Carr’s deregulatory vision, “Delete, Delete, Delete,” is on hold until a quorum is restored. The plan aims to scale back or eliminate several longstanding FCC rules, including ownership caps.

Panelists noted that Carr has long advocated for removing these caps entirely, particularly in markets where Spanish-language broadcasters are reaching saturation under current limits. “In LA and Phoenix, Entravision and Univision have four FMs each,” said Wood. “The NAB is proposing raising the limit to eight FM stations in a market – or even more.”

Some panelists cautioned that lifting local radio ownership caps could trigger rapid market consolidation, with major groups—already at their legal limits—likely to move quickly to acquire additional FM stations. Such a shift, they suggested, could drive up the value of FM properties in key markets. At the same time, others warned of potential unintended consequences, including the risk that AM stations could be deprioritized or offloaded entirely as operators focus their resources on growing FM portfolios.

Of course, while policy reform remains in limbo, panelists emphasized that FCC enforcement under Carr is intensifying. Montero pointed to recent Commission actions against public radio stations and certain ethnic broadcasters for allegedly misclassifying advertising as underwriting or reporting ICE enforcement actions on air.

Cuprys warned that Spanish-language broadcasters are especially vulnerable: “Stations trying to inform their communities about immigration or public safety could be placed under scrutiny.” Panelists agreed that while the First Amendment protects editorial discretion, enforcement actions are increasingly being framed through alternate regulatory violations, such as file maintenance or technical compliance.

Sasso cautioned, “It’s the reverse of what this country was founded on. You have to prove yourself innocent to the FCC.”

The FCC’s evolving stance on foreign ownership and programming sponsorship emerged as a major area of legal concern. Under current law, foreign entities may own up to 25% of a U.S. broadcast licensee without FCC approval. In recent years, that threshold has effectively been raised, so long as the investors come from “friendly” nations like Canada, Mexico, or the UK.

But panelists noted a dual track: while ownership restrictions are loosening, content regulation is tightening. The FCC’s foreign sponsorship identification rule requires broadcasters to disclose if content is provided by foreign governments. A second phase, now scheduled to take effect this year, places the burden on broadcasters to verify their clients are not agents of foreign states.

“You have to verify that your buyer is not representing a foreign government,” said Wood. “It puts it all on the broadcaster. For every immigration lawyer or infomercial buyer, you’ve got to confirm they’re not tied to Venezuela or China.”

Cuprys added, “It’s a huge undertaking when you think about all the legal ways that you can perform. I don’t think broadcasters should have the burden to prove where all their content is coming from.”

Lastly, the potential removal of Democratic FCC Commissioner Anna Gomez was discussed. Gomez, who has been outspoken in her defense of the First Amendment, is increasingly bold in her stance against what she views as a “weaponized” FCC under Trump. While traditionally, commissioners could only be removed for cause, the current administration has asserted broader executive powers over independent agencies.

“This administration believes the president can fire a commissioner for no reason,” Wood said. “The Supreme Court will likely decide that.”