The FCC is warning broadcasters: modified foreign sponsorship identification rules take effect June 7, giving stations days to meet certification requirements that have survived two compliance deferrals, a court challenge, and years of sustained NAB opposition.
The rules trace to a 2021 FCC order targeting broadcasters airing content from foreign governmental entities, prompted in part by Radio Sputnik’s presence on American airwaves. A 2022 DC Circuit ruling struck down the original “duty of inquiry” framework, forcing the Commission back to the rulemaking table.
The June 2024 Second Report and Order adopted on a 3-2 party-line vote replaced the voided process with two compliance options: broadcasters may obtain an FCC-supplied certification from programmers, or document search results from designated federal databases, with annual re-verification required for long-term leases.
While the Office of Management and Budget approved the modifications effective June 10, 2025, the FCC Media Bureau deferred compliance twice; first to December 8, 2025, then again to June 7 of this year. Throughout it all, the NAB warned that the requirements would impose disproportionate compliance costs on small stations, many of which would need outside legal counsel to manage certification obligations for each programming agreement.
In a November 2024 filing, the NAB argued the 2024 order violated the Communications Act by extending certification requirements beyond traditional leases to political issue ads and paid PSAs, calling it “an impermissible content-based regulation that ironically penalizes the most protected form of speech,” and urged the FCC to revert to the lease-only scope of the 2021 rule.
New leases and renewals of existing leases entered into on or after June 7 must comply with the revised requirements.
For advertisements and paid public service announcements covered under the foreign sponsorship identification rules, the Bureau is suspending the technical requirements for two years, or until further notice. The Bureau cited the need to evaluate costs and burdens against public benefit, noting the record to date shows no covered advertisements or paid PSAs have surfaced.
However, that suspension does not eliminate liability. As of June 7, on-air disclosure requirements apply to any covered advertisement or paid PSA where the licensee has actual knowledge that the material was provided by a foreign governmental entity as defined under the rules.
