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Communications and Technology Alert: Broadcaster Public Interest Obligations Public Notice; UAS Conditional Approvals; NAB Files Brief in Nexstar-Tegna Merger Appeal; Request for Comment on AT&T ETC Petition [Vol. XXIII, Issue 22]

Commission Reminds Broadcasters of Public Interest Obligations

Last Thursday, the Commission issued a Public Notice informing broadcasters of the Commission’s statutory duty to determine whether broadcasters are meeting their public interest obligations. The Public Notices summarizes that Congress expressly granted the Commission the authority to manage the effective use of spectrum, which includes regulating broadcasters while using the public airways and ensuring that broadcasters continue to serve their communities in the public interest. The Public Notice also notes that while the Commission has eliminated administrative and regulatory burdens, such as ascertainment, the main studio rule, and the program origination rule, the Commission remains active in enforcing the remaining obligations, such as requiring broadcasters to maintain issues and program lists in a station’s online public inspection file. The Commission stated it has the authority to take enforcement action or alter the terms of license renewals if broadcasters fail their obligations. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).

Commission Issues Additional UAS Conditional Approvals

Last Tuesday, the Commission’s Public Safety and Homeland Security Bureau (PSHSB) announced additional grants of Conditional Approvals from listing certain UAS and UAS critical components on the Commission’s Covered List. Last December, the Commission added all UAS and UAS critical components produced in a foreign country to the Covered List. In January, the Commission established a process to permit certain manufacturers to apply for Conditional Approvals which would deem certain UAS and UAS critical components “do not pose unacceptable risks to national security.” In this round, the Department of War, in conjunction with other federal bodies, declared UAS and UAS critical components from Blueflite, Inc., Verity, and Air VEV, Inc. to be conditionally approved. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

NAB Files Amicus Brief in Nexstar-Tegna Merger Case

Last Thursday, the National Association of Broadcasters (NAB) filed an Amicus Brief in the consolidated Ninth Circuit concerning the Nexstar-Tegna merger, and a preliminary injunction issued by a lower court preventing the commencement of the full merger. While the NAB did not take a stance on the preliminary injunction or the merger itself, the Brief instead provides commentary on the industry and marketplace to inform the court addressing the current appeal. In particular, the Brief highlighted the positions of local broadcasters, who not only compete against industry competitors, but digital advertising and streaming sources for audiences and advertisers alike. NAB noted that the Nexstar-Tegna merger ultimately permits broadcasters to continue competing and delivering local news in a rapidly changing environment. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).

Commission Requests Comments on AT&T ETC Petition in California

On May 22nd, the Commission’s Wireline Competition Bureau (WCB) issued a Public Notice requesting comment on a petition from AT&T requesting “full forebearance” of Eligible Telecommunications Carrier (ETC) requirements under Section 214(e) of the Communications Act of 1934. In its petition, AT&T seeks forbearance from the ETC rules in California due to the state’s requirements to maintain service offerings of copper-based telephony services to new customers, which only serve 3% of households in the state. These California requirements conflict with the Commission’s modernization rules, which prevents AT&T’s full transition in the state. All interested parties must file comments or oppositions to the Petition by June 22, 2026, and all reply comments by July 7, 2026. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 202.434.4193).

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