Key facts
- The FCC plans to vote on repealing the National Television Ownership Rule, which limits broadcast ownership to 39% of US TV households.
- FCC Chairman Brendan Carr announced the proposed change, advocating for a case-by-case review of mergers instead of a hard cap.
- Critics, including FCC Commissioner Anna Gomez, assert that only Congress has the authority to alter the ownership limit.
- The FCC previously granted a waiver to Nexstar Media Group, allowing it to exceed the 39% cap.
- The vote on the proposed repeal is scheduled for the commission's August 6 meeting.
The Federal Communications Commission (FCC) is preparing to vote on repealing the National Television Ownership Rule, a regulation that limits any single broadcast station owner from reaching more than 39 percent of U.S. television households. FCC Chairman Brendan Carr announced the proposed change, suggesting it would be replaced by a "case-by-case review" of proposed mergers. Carr argued in an op-ed published on Breitbart that the current rule hinders local broadcasters' ability to achieve necessary operational scale and that a shift to individual reviews would foster "localism, viewpoint diversity, and competition."
However, FCC Commissioner Anna Gomez, the sole Democrat on the three-member commission, strongly opposes the move, labeling it an "unlawful effort to hand control of the public airwaves to billionaire buddies of this administration." Gomez contends that only Congress has the authority to alter the ownership cap, citing a 2004 amendment to the Telecommunications Act that specifically set the limit at 39 percent after a previous attempt by the FCC to raise it in 2003.
Critics also point to a recent FCC waiver granted to Nexstar Media Group, allowing it to acquire Tegna and reach over half of U.S. TV households, as evidence of the commission exceeding its authority. Organizations like the United Church of Christ Media Justice Ministry, Public Knowledge, Free Press, and the Communications Workers of America have argued that the FCC cannot legally waive the 39 percent limit. Carr, however, maintains that Congress delegated rulemaking authority to the FCC, which includes the discretion to modify or waive its own rules.
The proposed repeal is supported by Nexstar and the National Association of Broadcasters, who argue that the decades-old restrictions are outdated in the current media landscape and that modernizing them will help broadcasters invest in local journalism. The vote on the proposed change is scheduled for August 6.