FCC Revises Foreign Ownership Caps for Broadcast and Radio Licenses
Published Date: 4/9/2026
Rule
Summary
The FCC updated rules about foreign ownership for broadcast, phone, and airplane radio license holders to make things clearer and fairer. These changes affect companies with foreign investors by tightening who controls U.S. companies and how ownership info is shared. The new rules kick in on May 11, 2026, so affected businesses should get ready to follow them and avoid delays or extra paperwork.
Analyzed Economic Effects
9 provisions identified: 2 benefits, 3 costs, 4 mixed.
Limits on Advance Approval for Deemed Voting Interests
The FCC codifies that a foreign person with a deemed voting interest of 50% or more may request advance approval only to increase interest up to a non-controlling 49.99% voting and/or equity interest, unless the foreign person actually has de jure or de facto control, in which case advance approval up to 100% may be requested.
Who Counts as the U.S. Controlling Parent
The FCC defines the "controlling U.S. parent" as the first controlling entity organized in the United States that sits directly above the licensee in the vertical chain of control and that does not itself hold a license subject to Section 310(b). This definition is used to calculate aggregate foreign ownership in Section 310(b)(4) petitions.
Private Companies Get Safe Harbor Remedial Process
Privately held U.S. licensees may now use the FCC's remedial filing process (previously available to public companies) for inadvertent non-compliance with foreign ownership benchmarks, and if they meet the safe-harbor elements, the Commission does not expect to take enforcement action.
Remedial Petitions Must Be Full New Petitions
When filing remedial Section 310(b) petitions, petitioners must include all information required for an initial declaratory ruling petition, not just information about newly discovered non-compliant interests; this applies to both public and privately held companies.
Media Bureau Will Issue Broadcast Processing Guidelines
The FCC directs the Media Bureau to publish processing guidelines explaining how the agency will handle broadcast applications while a remedial Section 310(b)(4) petition is pending, including which routine applications may proceed and which non-routine matters may receive heightened scrutiny.
How NCE/LPFM Governance Counts for Foreign Ownership
For noncommercial educational (NCE) and low power FM (LPFM) stations, the FCC will assess foreign ownership by looking to governing boards or other governance documents; absent non-pro rata bylaws, each board member is deemed to hold equal voting shares (e.g., five members = 20% each). NCE/LPFM applicants with foreign ownership above benchmarks may participate in filing windows only if they file a Section 310(b)(4) petition at the same time and remain subject to the 20% limit under Section 310(b)(3).
Trustee Names Must Be Disclosed for 10%+ Interests
Petitioners must identify the trustee(s) of any trust that is a disclosable interest holder when the trust holds, or would hold, a direct or indirect interest of 10 percent or more or a controlling interest in the controlling U.S. parent. This requirement is codified in Sections 1.5001(e), (f), and (i).
Amendments: Complete Restatements for Substantial Changes
For substantial changes to a pending Section 310(b) petition, petitioners must file a complete restatement of the initial petition in ICFS (common carriers) or ECFS (broadcasters) with a cover letter describing the change; ministerial changes may be filed as targeted amendments.
No U.S. Residency Required for Foreign Investors
The FCC clarified that there is no Commission requirement that foreign investors maintain U.S. residency when investing in companies subject to Section 310(b); lack of U.S. residence is not a factor in the public interest analysis.
Your PRIA Score
Personalized for You
How does this regulation affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this federal register document and every other regulation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-09822 — Promoting the Integrity and Security of Telecommunications Certification Bodies, Measurement Facilities, and the Equipment Authorization Program
The FCC is making sure that the labs and companies testing telecom devices play by the rules and keep national security tight. They’re speeding up reviews for trusted labs, improving how they check devices after approval, and setting up secret ways to report problems. These changes start June 15, 2026, and affect testing labs, device makers, and publicly traded companies, with no big costs expected.
2026-09821 — Promoting the Integrity and Security of Telecommunications Certification Bodies, Measurement Facilities, and the Equipment Authorization Program
The FCC wants to stop recognizing test labs and certification bodies in places that don’t have trade agreements with the U.S. They’re also looking to upgrade how they use data and protect important tech secrets and national security. If you’re involved in telecom testing or certification, get ready for changes and share your thoughts by mid-June 2026!
2026-09837 — Sunshine Act Meeting; Open Commission Meeting Wednesday, May 20, 2026
On May 20, 2026, the FCC will hold an open meeting to tackle big issues like stopping illegal robocalls, making broadband data easier to manage, and boosting network safety during emergencies. These changes will affect phone companies, internet providers, and anyone who relies on safe, reliable communication. The meeting starts at 10:30 a.m., and the public can watch live online—no appointment needed!
2026-09819 — Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010
The FCC wants to make sure emergency info on TV is easy to hear and read for everyone, especially during non-news shows. They’re updating rules so if emergency text crawls match the visual alerts, they just need to be read aloud too. Video providers and distributors should get ready to follow these changes, with feedback due by June 15, 2026—no big costs expected, just clearer emergency info for all!
2026-09820 — Information Collection Being Submitted for Review and Approval to Office of Management and Budget
The Federal Communications Commission (FCC) is asking the public and small businesses to share their thoughts on how to make paperwork easier and less time-consuming. They want to reduce the burden especially for small businesses with fewer than 25 employees. Comments are due by June 15, 2026, so don’t miss your chance to help shape simpler rules without any extra costs or penalties.
2026-09838 — Auction of FM Broadcast Construction Permits Scheduled for February 2, 2027; Comment Sought on Competitive Bidding Procedures for Auction 114
The FCC is gearing up for Auction 114 on February 2, 2027, where folks can bid on permits to build new FM radio stations. They want your thoughts on how the bidding should work and the starting prices, with comments due by June 9, 2026. This is a big chance for broadcasters to grab new spots on the dial and for the FCC to make sure the auction is fair and fun!
Previous / Next Documents
Previous: 2026-06864 — Modernizing Suspension and Debarment Rules
The Federal Communications Commission is updating its rules to better stop waste, fraud, and bad actors from messing with its support programs. These changes mostly affect companies and individuals involved in FCC programs, with some rules kicking in May 11, 2026, while others wait for future announcements. The updates aim to keep government money safe and make sure only trustworthy folks get to play.
Next: 2026-06879 — Modification of Class E Airspace; Denver International Airport, Denver, CO
The FAA fixed a small but important mistake in the paperwork about Denver International Airport’s airspace changes. This correction updates the official docket number but doesn’t change the airspace rules or costs. Pilots and airlines flying near Denver should note the corrected info, effective July 9, 2026.