REC Advisory Letter #25: Assuring information with FCC/state are current

Avoid potential forfeitures or other actions by assuring that the information on file with the FCC and the state are current, including required state annual report filings.

On January 27, 2026, the FCC released a Public Notice from the Wireline Competition Bureau (the part of the FCC that handles telephones and related services) regarding potential forfeitures (fines) for failure to provide correct information in the Robocall Mitigation Database (RMD) and for failure to update contact information in the Commission Registration System (CORES). For the latter, the notice threatened a forfeiture of $1,000 per day.

The content of this notice prompted a couple of attorneys who work on broadcast issues to interpret the notice to suggest that the FCC was going to fine anyone who does not have their information current in CORES to be subjected to the forfeitures, regardless of which service(s) the FCC Registration Number (FRN) is associated with. As a result, several State Broadcasters Associations (SBAs) sent alerts to their member stations about the potential of forfeitures if CORES is not updated for each FRN. Some of the warnings that were circulated even suggested that this can also impact the FRNs that are used on ownership reports. REC received one media inquiry about these concerns. We have also viewed the alerts provided by several SBAs.

On Friday, February 6, 2026, the FCC released a subsequent Public Notice which clarifies that the original Report and Order for the RMD “did not address or change any forfeiture amounts that may be associated with failures to update the CORES information by non-RMD filers.”

In other words, the FCC is not going to start an arbitrary “witch hunt” to look for any user from any service that has not updated their CORES information. The information recently communicated by the FCC in the January public notice related only to the Robocall Mitigation Database and related CORES FRN data from telecom providers and not the general FCC community.

Regardless of that, broadcast stations (all classes) are required to keep their contact information up to date. Section 1.80(b)(11) of the FCC Rules allows the Commission to impose a forfeiture of up to $4,000 for failure to respond to Commission communications and up to $1,000 for “failure to maintain required records”. The FCC may attempt to reach a broadcaster through e-mail or by postal mail. Normally, if the agency sends a Letter of Inquiry (LOI) to a station which requires a response within a certain time period, they will normally send it both via email and postal mail, usually by certified mail so they can get a return receipt. As a broadcaster, you are required to timely answer any LOI and respond to each question truthfully and to the best of your knowledge, pursuant also to any additional instructions in the LOI. Normally, the Commission will permit the responses via email following the instructions in the LOI.

Broadcasters of all services are reminded that they must keep their information current in all relevant FCC databases and must make the update within 10 days of the change.

LMS Administrative Updates

The Media Bureau normally uses the information in LMS in order to contact a station. This information includes the mailing address, telephone number and email address of the licensee, their legal representative (which is normally a person in leadership or other administrative contact for stations that do not have retained counsel) and a technical representative. An Administrative Update needs to be filed in LMS if any of this information changes. Administrative Updates are notifications and they do not have to wait to be granted.

For stations that have paid REC in the past, regardless of minimum spend, we will file Administrative Updates at no charge. For all others, our fee is $50. You can also file this yourself. It is one of the easiest LMS applications to file.

FRN updates in CORES

While the Media Bureau normally does not depend on CORES for contact information, it is also a good idea to make sure that the information for the organization’s FRN is also correct in that system.

For full-service stations that file Ownership Reports, the FRNs that are used for each individual are likely “psuedo-FRNs” that were assigned by LMS during preparation of the Ownership Report form. These psuedo-FRNs cannot be maintained in CORES and there’s no way to correct them.

For those who have FRNs for other non-broadcast services, such as the Amateur Radio Service, GMRS, commercial radio licenses, etc.; you should assure that your FRN information in CORES is updated, in addition to other relevant databases.

Administrative update in ULS

For broadcast licensees that also have studio to transmitter links (STL), remote pickup units (RPU), licensed wireless microphones that are authorized under Part 74 of the FCC Rules, as well as for services licensed in other parts (including individual licenses for Amateur Radio, GMRS, etc.), you should also issue an administrative update in the FCC’s Universal License System (ULS) to assure that your most current contact information is up to date.

Reminder about changes in board members

For LPFM stations, any change in board members that triggers more than a 50% change in board members (each member counts equally) since the last time the board members have been reported to the FCC (either through the original construction permit application, an assignment of license application or previously-filed transfer of control application), the FCC requires the filing of a non-pro forma Transfer of Control application. This was formerly known as Form 316. This form must be filed within 10 days of making the change.

For full-service FM stations, this is a little different. The non-pro forma process is not used. Contact REC or your attorney for assistance.

If the license is being “transferred” to a different organization or the same organization where the state of incorporation has changed, then an Assignment of License application is required. The assignment application must be granted before the transfer/assignment can be consummated. For more assistance, please contact REC or your attorney.

Transferring control without an appropriate transfer of control application (for LPFM if more than 50% of the board as detailed above) or a granted assignment application can be considered an “unauthorized transfer of control”, which can lead to forfeitures.

Updating the state government

In addition to updating the FCC, you need to assure that other information is kept up to date by making appropriate filings with your state’s Secretary of State, Corporation Commission or equivalent agency. What exactly needs to be updated and when will depend on the laws of the state your organization is incorporated in. REC does not provide state filing services.

Board member changes

Your state may require you to file an amendment to your articles of incorporation or similar instrument when there is any changes to your board membership (regardless of the 50% threshold for the FCC transfer of control process). If there is a mismatch between the state records and what the FCC has on file, it could lead to a forfeiture, based on the circumstances.

Annual Report filings

Many states require corporations (for-profit and non-profit) to make annual filings with the Secretary of State (or equivalent). Failure to make these reports will place your corporation into a suspended, involuntary dissolution or inactive status. Technically, under such state laws, your organization technically cannot conduct business as long as the corporation status is lapsed. Many states will retroactively reinstate lapsed corporations due to a previous failure to file an annual report as long as the required report(s) is/are filed and any fees are paid. Please check with your state of incorporation for details. REC does not have this information.

Since 2026 may be a filing window year for new NCE reserved band FM translator construction permits, it is very important to assure that your organization’s corporation status is current and in good standing at the time when an application is filed in the window. If the corporation is not active at the time of filing the translator application in the window, the application may be dismissed. Correcting the issue with the state after the fact will not result in reinstatement. So, if your organization plans to file in this window, make sure the corporation status is in good standing. Again, for more information, please check with your state of incorporation for details. REC does not have this information. State incorporation documents may be required for any NCE FM translator applicants claiming the Established Local Applicant points in the event of mutual exclusivity.

Use “evergreen” contact information that always stays the same even if people change

A good idea is to establish specific email addresses and telephone numbers for broadcast stations that are general to the station and will not change when the person who answers those emails or phone calls change. This will make it easier in the event the agency needs to reach your station and there has been personnel changes. Adding additional Gmail email addresses are easy to do. Many VOIP providers (such as voip.ms, which REC uses) can provide you with a “Direct Inward Dial” phone number that can forward to any other telephone number at a very reasonable monthly rate (in the case of voip.ms, you pay less than $1 per month for the phone number but you pay a low per minute rate for incoming calls).

Bottom line

As a broadcaster, you have a responsibility not only to your listeners and your community, but you also have a responsibility to assure that your information with the FCC and the state remains current. You are also responsible to assuring that your corporation remains active with the state as this is normally required to be a FCC noncommercial educational licensee.