February 2025 Regulatory Dates for Broadcasters – EEO, Comment Deadlines, FM Duplication Rule, Political Windows, and More

While the new Republican-led FCC will no doubt tackle many policy issues in the upcoming months (see our article looking at some of the issues that we expect the FCC will address this year), there are also standard dates and deadlines in February to which broadcasters still need to pay attention. Here are some of those dates:

February 3 (as February 1 is a Saturday) is the deadline for radio and television station employment units in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma with five or more full-time employees to upload their Annual EEO Public File Report to their stations’ online public inspection files (OPIFs).  A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area having at least one common employee.  For employment units with five or more full-time employees, the annual report covers hiring and employment outreach activities for the prior year.  A link to the uploaded report must also be included on the home page of each station’s website, if the station has a website.  At this time, these reports appear unaffected by any actions by the new FCC.  While Chairman Carr last week issued a statement suspending all DEI efforts by the FCC, that statement did not specifically mention routine broadcast EEO filings so, until they hear otherwise, broadcasters should continue to observe these deadlines. 

The filing of the Annual EEO Public File Reports by radio station employment units with eleven or more full-time employees or TV stations with five or more employees triggers a Mid-Term EEO Review that analyzes the last two Annual Reports for compliance with the FCC’s EEO requirements.  The Mid-Term EEO Review begins February 3 for these larger radio station employment units in Kansas, Nebraska, and Oklahoma.  Television station employment units in Arkansas, Louisiana, and Mississippi are also subject to this review.  Radio stations located in Kansas, Nebraska, and Oklahoma that are part of station employment units with five or more full-time employees must also indicate in their OPIFs whether their employment unit has eleven or more full-time employees, using a checkbox now included in the OPIF’s EEO folder.  This allows the FCC to determine which station groups need a Mid-Term EEO Review.  See our articles here and here for more on the Mid-Term EEO Review.

Also related to EEO, is the February 4 scheduled oral argument in the Court appeal filed by the National Religious Broadcasters Association, the Texas Association of Broadcasters, and others, challenging the FCC’s reinstatement of FCC Form 395-B, the form that requires that a broadcaster annually prepare a report classifying all of its employees by race, gender, and employment position (see the discussions of this obligation on our Broadcast Law Blog here, here, and here). As Chairman Carr opposed the reinstatement of that form when he was a Commissioner, we should be watching to see if the FCC in fact defends that reinstatement during the February 4 argument. 

Another FCC decision opposed by Chairman Carr when he was a Commissioner has a deadline in early February.  February 3 is the deadline for affected commercial FM stations to file requests for waiver of the FCC’s FM Programming Non-Duplication Rule, which the FCC reinstated in June 2024 (see our discussion here).  The rule prohibits commonly owned or operated commercial FM stations with overlapping service contours (more than 50% contour overlap) from duplicating more than 25% of their programming.  Stations that file a waiver request by the deadline will be deemed in compliance until the FCC issues a decision concerning the waiver request.  After February 3, all commercial FM stations that have not filed a request for waiver of the FM Programming Non-Duplication Rule must comply with the rule.  As Chairman Carr opposed the reinstatement of the rule, it will be interesting to see whether any action is taken to stay this deadline or how the FCC will deal with any waiver requests that are filed. 

Also due next month are comments in response to a petition for reconsideration of the FCC’s September 2024 First Report and Order authorizing asymmetrical digital operation of HD radio stations.  The Petitioner’s proposals include that the FCC should require an FCC application or direct notice to affected stations before an HD operation is implemented and an annual filing of evidence of a station’s continued compliance with their HD authorizations; the FCC should allow objections to HD operations based on real or predicted interference to other FM stations; and the FCC should provide Class A FM stations with greater interference protection from HD stations. Comments are due February 6 and reply comments are due February 18.

Broadcasters located in Delaware, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, Oklahoma, South Dakota, Tennessee, and Washington should also be aware of the opening of the political windows in which Lowest Unit Rates apply, tied to state and local elections occurring in March and April.  Lowest Unit Rates apply to sales to state and local candidates and their authorized committees just as they do to federal candidates (see our article here on the basics of computing LUR). Those windows are as follows:

LUR DATESTATE/ TERRITORYELECTION DATEELECTION TYPEFebruary 4, 2025TennesseeApril 5, 2025Municipal Election – JacksboroFebruary 6, 2025DelawareApril 7, 2025Municipal Elections – Blades, Odessa, and NewportFebruary 7, 2025DelawareApril 8, 2025Municipal Election – NewarkMinnesotaApril 8, 2025Special ElectionMissouriApril 8, 2025Political Subdivision/ Special District Elections – VariousNew HampshireApril 8, 2025SB2 Town Elections – VariousSouth DakotaApril 8, 2025Municipal/School Board Elections – VariousFebruary 9, 2025TennesseeApril 10, 2025Municipal Election – Spring HillFebruary 11, 2025DelawareApril 12, 2025Municipal Elections – Ocean View and New CastleFebruary 12, 2025LouisianaMarch 29, 2025Municipal Primary Election – VariousOklahomaApril 1, 2025Municipal Runoff Election – Oklahoma City*February 14, 2025DelawareApril 15, 2025Municipal Election – DoverFebruary 15, 2025MississippiApril 1, 2025Municipal Primary Elections – VariousNebraskaApril 1, 2025Primary Election – OmahaFebruary 18, 2025DelawareApril 19, 2025Municipal Election – SeafordFebruary 21, 2025WashingtonApril 22, 2025Special ElectionFebruary 22, 2025NebraskaApril 8, 2025Primary Election – LincolnTennesseeApril 23, 2025Municipal Election – DaytonFebruary 25, 2025DelawareApril 26, 2025Municipal Election – MilfordTennesseeApril 26, 2025Municipal Election – Red Boiling SpringsFebruary 28, 2025DelawareApril 29, 2025Municipal Elections – Elsmere, Smyrna, Clayton, and Hartly

* Runoff election with an abbreviated LUR period due to date of preceding election.

As a refresher, in the 45 days before a primary election, and 60 days before a general or special election, broadcasters must extend to legally qualified candidates their lowest unit rate and continue to follow all other applicable political broadcasting rules.  For a deeper dive on how to prepare for the 2025 elections, see our post here, which also includes a link to our comprehensive Political Broadcasting Guide.  Also, take a look at our 2025 Broadcasters’ Calendar to see if your state has any upcoming primary, general, or special election (though confirm these dates locally as some dates have changed since the calendar was prepared). 

Finally, looking ahead to March, Daylight Savings Time resumes on March 9, and thus AM daytime-only radio stations and stations operating with pre-sunrise and/or post-sunset authority should check their sign-on and sign-off times on their current FCC authorizations to ensure compliance with the requirements set out in those authorizations.  As all times listed in FCC licenses are Standard Time, don’t be fooled into thinking that your daytime-only station has extra time to keep operating once Daylight Savings time kicks in.

As always, consult your own legal and technical advisors for other dates of importance that might apply to your stations both in February and in the months thereafter.