Foreign Adversary Ownership and Control Reconsideration Request Made by NAB to FCC
FCC Proposes New Rules for Foreign Adversary Ownership in Broadcast Licensees
The Federal Communications Commission (FCC) has proposed new rules to gather information from broadcast licensees about foreign adversary ownership or control. The proposed rules aim to fill gaps in the FCC's existing rules and provide a comprehensive view of threats from entities owned or controlled by foreign governments considered adversaries.
In response to the FCC's proposal, the National Association of Broadcasters (NAB) has filed comments suggesting that the new rules could be implemented more efficiently. The NAB advocates for efficiency by encouraging the use of standardized certification forms and clearly defined due diligence obligations to assist broadcasters in meeting expanded foreign adversary ownership disclosure requirements more effectively.
Under the FCC's proposal, broadcasters would be required to provide additional certification and reporting about foreign adversaries that do not own or control broadcast stations but that provide programming to the public through leasing arrangements. The NAB suggests that the FCC could gather foreign adversary control information from broadcast licensees by more efficient means, such as limiting the certification obligation to those licensees that have disclosable foreign adversary control.
The FCC's proposal also includes a written certification with standardized language for broadcasters to use in determining whether entities leasing program time are agents of foreign governments. After December 8, 2025, use of this new form or an equivalent will be required, which should streamline compliance and reporting processes by making verification clear and uniform across licensees.
In addition, broadcasters are required to exercise "reasonable diligence" at the time of lease agreements or renewals to verify the foreign sponsorship status of program providers. This involves maintaining proper records of their due diligence for at least the remainder of the license term or one year, whichever is longer, helping to ensure consistent tracking and verification of foreign sponsorship.
The NAB notes that the existing rules already place an extraordinary burden on commercial radio and television licensees who only lease time on their stations to local entities such as houses of worship, small businesses, and high school football teams. The NAB argues that requiring thousands of licensees to submit certifications makes no sense, given the absence of evidence that foreign adversary control of radio and television licensees is or has been an actual problem.
The FCC's proposed rules are part of a broader effort to address national security concerns related to foreign ownership of broadcast licensees. In an earlier NPRM (GN Docket No. 25-149) released in April, the FCC proposed codifying certain rules about foreign ownership, including limits to direct and indirect ownership. The White House has designated China, Russia, Iran, North Korea, Cuba, and the Maduro Regime in Venezuela as foreign adversaries.
Reply comments on the FCC's proposal (GN Docket No. 25-166) are due Aug. 19. The FCC is specifically looking at how to receive and certify information from radio and TV broadcasters. The NAB urges the commission to reconsider the need for additional rules in this area due to the lack of evidence indicating unknown and undiscoverable relationships between foreign adversaries and FCC-regulated entities. The NAB also suggests adopting definitions consistent with existing requirements for disclosing interest holders to streamline the process of gathering information for certifications.
- The FCC's proposed rules aim to provide a comprehensive view of threats from entities owned or controlled by foreign governments through information gathering from broadcast licensees regarding foreign adversary ownership.
- In response to the FCC's proposal, the National Association of Broadcasters (NAB) suggests improved efficiency by standardizing certification forms and clearly defining due diligence obligations for broadcasters.
- Under the FCC's proposal, broadcasters are required to provide additional certification and reporting about foreign adversaries, even those that do not own or control broadcast stations but provide programming through leasing arrangements.
- The NAB argues against requiring thousands of broadcasters to submit certifications, stating that the existing rules already place a significant burden on commercial radio and television licensees and there is a lack of evidence indicating foreign adversary control as an actual problem in this industry.
