Key facts
- Former House Majority Leader Tom DeLay asserts the FCC cannot legally repeal the 39% TV ownership cap.
- DeLay claims only Congress has the authority to change the cap, as it is written into US law.
- FCC Chairman Brendan Carr's proposal to eliminate the cap is scheduled for a vote this week.
- The 39% cap was established through a legislative compromise in 2004.
- DeLay argues the FCC is prohibited from repealing or modifying the cap during its quadrennial reviews.
Former House Majority Leader Tom DeLay has stated that the Federal Communications Commission (FCC) lacks the legal authority to repeal the National Television Ownership Rule, which caps ownership at 39% of U.S. TV households. DeLay, a Republican who helped write the law establishing the cap, argued in an op-ed that only Congress can alter this limit because it is specified in federal statute.
Despite DeLay's warning, the FCC, under Chairman Brendan Carr, is reportedly preparing to vote on eliminating the rule this week. DeLay contends that regulatory agencies cannot defy or modify laws enacted by Congress and that Carr should seek legislative action if he wishes to change the cap. He explained that the 39% limit was a compromise reached with Senator Ted Stevens to ensure the passage of a budget bill, and that the law explicitly prohibits the FCC from repealing or modifying this specific cap during its reviews.
The FCC's authority to change the cap has been a point of contention, with both Democratic and Republican leaders asserting such power. However, DeLay's argument emphasizes the specific legislative language that he believes restricts the FCC's ability to act unilaterally. He also cited former FCC Commissioner Mike O’Rielly, who reportedly described the cap as a "statute, not a suggestion."