FCC to Vote Aug. 6 on Repealing National TV Ownership Cap

The FCC will vote on August 6 to eliminate its 39% national television ownership cap and replace it with a case-by-case public interest review, FCC Chairman Brendan Carr announced Wednesday.

The change would shift from a rigid, decades-old blanket limit—last updated more than 20 years ago—to a flexible approach allowing the FCC to approve mergers that serve the public interest and block those that do not. Officials say the move will better align regulations with today’s competitive media market, promote localism, encourage investment in news and information, and let broadcasters compete more effectively against unregulated digital platforms.

In its current form, the rule has functioned as a near-total prohibition on deals pushing national audience reach above 39% of TV households, presuming such transactions are not in the public interest. The proposed case-by-case review would let the FCC fully evaluate factors like localism, viewpoint diversity, and competition for each specific deal.

Brendan Carr

“Strict ownership limits on local broadcasters that prevent them from competing with other players in the modern marketplace are not in the public interest,” the commission stated. “While competitors are free to reach 100% of their relevant market segments, this FCC rule has generally limited broadcasters to competing for just 39% of theirs.”

The FCC emphasized it is exercising long-standing statutory authority under the Communications Act to update the rule. Both Republican and Democratic chairs have previously affirmed this power, and Congress has never stripped the agency of its ability to modify ownership limits.

The National Association of Broadcasters (NAB) applauded the proposal, calling the current restrictions “decades-old ownership restrictions that apply only to broadcasters—and none of our competitors—out of step with today’s media marketplace.” 

NAB said eliminating the cap will help local stations “better compete, invest and serve their communities with the most trusted and freely available news and information.”

A Nexstar spokesman welcomed the review as “long-overdue,” noting the rules were written before streaming services, smartphones, and social media existed. “No one would suggest limiting the reach of YouTube, Amazon, or CNN, yet local broadcasters are still forced to compete under rules written for a different century,” the spokesman said.

The draft order will be released publicly on FCC.gov tomorrow.