Wednesday, August 5, 2026

NYTimes Reports 13.35M Digital Subscribers. 16.1% Profit Increase


The New York Times Company added 280,000 digital-only subscribers in the second quarter, bringing its total to 13.35 million.

The gains keep the company roughly on track to hit its goal of 15 million subscribers by the end of 2027.Total revenue rose 11.2 percent to $762.5 million for the three months ending in June. 

Adjusted operating profit climbed 16.1 percent to $155.3 million.

Digital-only subscription revenue increased 16.4 percent to $407.9 million. Digital advertising revenue jumped 20.7 percent to $114 million. Digital-only average revenue per user rose 3.1 percent year-over-year to $9.94.Revenue from affiliate, licensing and other categories grew 7.1 percent to $75.5 million, driven mostly by higher affiliate referral revenue at Wirecutter.

Adjusted operating costs rose 10 percent to $607.2 million, slightly above the company’s forecast, due to higher compensation, benefits and marketing expenses.

“Our results reflect the increasingly rare and valuable nature of our products, and the durability of our business model,” Chief Executive Meredith Kopit Levien said in a statement.

Digital-only subscribers—those with individual product subscriptions or the company’s bundle of news, 

Wirecutter, Cooking, Games and The Athletic—now account for about 12.8 million of the total 13.35 million. Print subscriptions continued their steady decline, falling to 550,000 from 580,000 a year earlier.

For the third quarter of 2026, the Times forecast a 12 to 15 percent increase in digital-only subscription revenue, a mid-to-high teens rise in digital advertising revenue, and an 8 to 9 percent increase in adjusted operating costs.

Scripps Layoffs Affect Hundreds In Several States


Ahead of earnings later this week, The E.W. Scripps Company is laying off 268 workers across its broadcast television operations as part of a new phase of its transformation plan, CEO Adam Symson announced Tuesday in a company-wide memo.

Symson said pink slips went to “teammates who have helped build and serve this company in important ways,” adding that the company is “deeply grateful for everything they have contributed.”

The cuts hit local stations in markets including New York, Nebraska, Oklahoma and Texas, affecting roles from newsroom production to local sales, according to sources. Newly acquired stations in places such as Colorado Springs and Twin Falls face deep consolidation and cost actions aimed at “fundamental changes in the product.” Newsroom resources will shift toward enterprise-level reporting instead of competing for the same stories.

Scripps plans to launch new around-the-clock news streams tailored to each market’s needs for its local news-producing stations. Many already offer free, ad-supported streaming channels; details on how the relaunched streams will differ for viewers were not specified. The company will also adopt a “hub” model to centralize digital-first news production that does not need to be replicated in every market. 

Symson said this will create “efficiency and sustainability while preserving our ability to serve local communities across every platform” and make it easier to “stay aligned on strategy, execute best practices and evolve at the speed digital demands.”

Like other broadcasters, Scripps faces declining traditional TV viewership as audiences shift to streaming platforms such as Peacock, ESPN Unlimited, Fox One and Paramount+, some of which carry the same national programming found on Scripps stations. 

Advertising dollars have followed. Local stations have responded by raising retransmission fees on cable and satellite, which has accelerated cord-cutting and reduced per-subscriber affiliate revenue.

Rumors of layoffs surfaced last week after a senior executive at a Tennessee station accidentally disclosed planned cuts during a conference call with local media executives.

If Romo Doesn't Return, CBS Sports Could Save a Bundle


CBS Sports placed Tony Romo on indefinite leave after his July 23 arrest for driving under the influence in Milwaukee and has named J.J. Watt as his temporary replacement on the network’s No. 1 NFL broadcast team, raising questions about whether Romo will ever reclaim the role.

Industry sources tell Front Office Sports they increasingly doubt Romo will keep his job as CBS’s lead NFL color commentator. 

Several expect Watt, who earned strong reviews in his first season alongside play-by-play partner Ian Eagle, to permanently take over in a Wally Pipp–style succession. Outside candidates such as Fox Sports’ Greg Olsen, the No. 2 analyst behind Tom Brady who has already called a Super Bowl and expressed interest in a top network role, are also in play.

Romo has four years remaining on the 10-year, $180 million contract he signed with CBS in 2020. The deal includes a morals clause, according to The Athletic

Exercising it would allow CBS to exit the remaining $72 million obligation and replace him with the less expensive Watt. The network just completed its most-watched NFL season with Romo as lead analyst, yet the timing—weeks before the 2026 season—has not deterred speculation of a change.

Widely viewed TMZ Sports police-camera footage of Romo failing field sobriety tests has amplified the damage. As one of the premier faces and voices of the NFL, the four-time Pro Bowl quarterback’s arrest risks tarnishing the league’s image with corporate sponsors.

Under Wisconsin law, Romo’s first-offense operating-while-intoxicated charge is treated as a civil rather than criminal matter. Early signals suggested he might return, but the combination of financial incentives, public embarrassment, and available alternatives has shifted industry expectations against him.

Paramount’s Streaming Growth Continues



Paramount swung to a second-quarter profit of $41 million, or 18 cents per share on an adjusted basis, while revenue rose 1% to $6.9 billion, driven by gains in streaming and studios along with cost-cutting from the Skydance merger.

Streaming division profits surged 44% to $366 million as revenue increased 9% to $2.47 billion. The growth was led by Paramount+, which added 2 million subscribers to reach 81.6 million globally and boosted its own revenue 16% to $2.1 billion.

Paramount reported second-quarter revenue of $6.91 billion, up 1% and slightly above estimates, as growth in its streaming service and studios offset a decline in television, while raising its full-year profit outlook.

Direct-to-consumer revenue rose 9% to $2.47 billion, led by Paramount+. The streaming service ended the quarter with 81.6 million subscribers, accelerating year-over-year growth to 6%, and recorded its lowest churn ever, boosted by World Cup coverage in parts of Latin America, UFC, and original programming.

Studios revenue climbed 16% to $1.31 billion on stronger third-party television deliveries, the consolidation of Skydance licensing, and better-than-expected performance from the film slate, including “Scary Movie.”

Those gains were partly offset by the TV media unit, where revenue fell 9% to $3.13 billion amid lower advertising and affiliate fees.

Net profit was $41 million, or 4 cents a share, down from $57 million, or 8 cents a share, a year earlier. Adjusted earnings per share came in at 18 cents, beating estimates of 15 cents.

For the full year, Paramount now expects adjusted earnings before interest, taxes, depreciation, and amortization of $3.8 billion to $3.9 billion, up from its prior $3.8 billion forecast, as the company continues to control costs.

FOX News Media Continues to Lead All News Brands on YouTube


FOX News closed July 2026 as the top news brand in the competitive set on YouTube, notching 324 million video views, posting monthly gains while dominating the competition for the first half of the year, according to Emplifi. 

Throughout July, FOX News led competitors including MS Now (246 million views), CNN (172 million views), ABC News (136 million views), NBC News (109 million views) and CBS News (35 million views). FOX Business was also number one on YouTube amongst business brands for the 57th consecutive month, up 19% month-over-month with 54.3 million video views, according to Emplifi & Comscore Social. Leading up to Independence Day and throughout the July 4 weekend, America 250 videos on FOX News' YouTube channel generated more than 7.2 million video views and 20.1 million minutes watched.


Once again ranking number one in social engagement, FOX News nabbed 108.3 million social media interactions (up 42% month-over-month) across Facebook, Instagram, X and TikTok, according to Emplifi & Comscore Social. 

FOX News garnered 36.1 million Facebook interactions, 19.6 million Instagram interactions, 5.6 million X interactions and, according to Comscore Social, 47 million TikTok interactions (up 118% year-over-year). Collectively, FOX News drove 1.6 billion total social video views. FOX News’ X post about the couple who climbed the Empire State Building generated 87 million impressions, the highest-performing post in the account’s history.

Philly Radio: Jon Marks Returns to Mornings At the Fanatic


Jon Marks will co-host mornings on Beasley Media Group’s 97.5 The Fanatic starting August 17.Marks joins Andrew Salciunas for the new morning drive show from 6 to 10 a.m., filling the slot left by John Kincade. 

He returns to mornings after hosting Middays with Marks since rejoining the station last September following roughly two years away.

In related changes, Ray Dunne moves from producer to on-air host and will pair with Sean Brace on the new midday show from 10 a.m. to 2 p.m. Unfiltered with Ricky Bo and Bill Colarulo remains unchanged in afternoons.

Jon Marks
Scott Masteller, Program Director of 97.5 The Fanatic, added: “Jon has built tremendous momentum as host of Middays with Marks, making this the right time to elevate him into morning drive. His chemistry with Andrew Salciunas gives us an outstanding combination of experience, energy and perspective to start the day for Philadelphia sports fans. At the same time, Ray Dunne has earned this opportunity through years of hard work behind the scenes. We’re excited to pair him with Sean Brace. With Ricky Bo and Bill Colarulo continuing to lead afternoons, we’re confident this lineup will keep listeners engaged from the first segment of the morning through the final whistle each day.”

Paul Blake, Vice President and Market Manager for Beasley Media Group Philadelphia, said: “Jon Marks has earned the trust of Philadelphia sports fans through years of outstanding work on the air. Making him a natural choice to drive our morning show. Along with Andrew, Sean, Ray, Ricky and Bill, we’re confident this lineup reflects the depth of talent at The Fanatic. Reinforcing our commitment to delivering the best local sports talk in Philadelphia.”

New 60-Minutes EP Tired of Leaks About The Show


Nick Bilton, executive producer of 60 Minutes, sent a 734-word staff memo over the weekend expressing frustration with relentless leaks and rumors about the show—only for the memo itself to be leaked to Status.

In the note, Bilton wrote that he is annoyed by “the unrelenting speculation regarding the show, along with the torrent of unauthorized information making its way into the press.” He said there has been “a rumor a day” since he took over and declared: “I no longer have the time or the patience for them, and I’d rather we spend that energy on the stories.”

The memo opened with a “genuine thank you” to staff returning from vacation and a welcome-back message to the rest: “For the rest of you, I hope you’re well rested and excited to get back to work.” It also included housekeeping items, noting that Bilton has replaced the dry-erase story board with a digital version.

Status' Oliver Darcy obtained the memo, which Bilton framed as a routine start to his tenure.

Good Morning Radio! Here's The Pulse for Wednesday, Aug 5


Radio Broadcasting

Ellen Renewed: iHeartMedia Los Angeles has signed veteran radio personality Ellen K to a multi-year contract extension, keeping her as host of the “Ellen K Morning Show” on KOST 103.5 and expanding the reach of her syndicated “Ellen K Weekend Show.”

Marks In the Morning: Jon Marks will co-host mornings on Beasley Media Group’s 97.5 The Fanatic starting August 17.Marks joins Andrew Salciunas for the new morning drive show from 6 to 10 a.m., filling the slot left by John Kincade. 

Europe TSL Declines: Europeans’ daily radio listening time has resumed its long-term decline, falling to an average of 2 hours and 10 minutes in 2025.

Paramount-Warner Merger Trial Set for March


A California federal judge ruled Tuesday that Paramount’s $81 billion takeover of Warner Bros. Discovery will face an antitrust trial starting March 2, 2027, lasting an expected 12 court days.

The Wall Street Journal reports the timeline set by U.S. District Judge Araceli Martínez-Olguín is later than the November 2026 start Paramount sought and earlier than the April 2027 date requested by California Attorney General Rob Bonta.

The delay could prove costly. Paramount’s agreement includes a “ticking fee” of roughly $650 million per quarter to Warner shareholders beginning this October until the deal closes. If the transaction falls through, Warner would receive a $7 billion breakup fee.

“We respect the court’s decision and continue to believe a trial on the merits is the best and most direct way for us to prove what we’ve said from the start—this transaction is lawful, pro-competitive, and raises no antitrust concerns,” a Paramount spokeswoman said.

Paramount said last month it would not move forward with the merger until legal challenges are resolved, or by June 1, 2027, whichever comes first.

California and 11 other states, including New York and Colorado, along with the Writers Guild of America, sued last month to block the deal, arguing the combination of the two entertainment companies is anticompetitive and would harm consumers and the industry. The merged entity would control two major movie and television studios, the CBS broadcast network, dozens of cable channels including CNN, and streaming services Paramount+ and HBO Max.

California Gov. Gavin Newsom has voiced concerns about the lawsuit, and his office has encouraged Bonta’s office to settle out of court, according to a Wall Street Journal report Friday.

Paramount maintains the deal is pro-competitive and beneficial for consumers, arguing it needs greater scale to compete more effectively against Netflix, Amazon’s Prime Video, and Disney.

L-A Radio: iHM Extends The Ellen K Morning Show On KOST-FM


iHeartMedia Los Angeles has signed veteran radio personality Ellen K to a multi-year contract extension, keeping her as host of the “Ellen K Morning Show” on KOST 103.5 and expanding the reach of her syndicated “Ellen K Weekend Show.”

The weekend program airs on 48 iHeartMedia stations, including WLTW in New York, WLIT in Chicago, KODA in Houston and KDGE in Dallas.

“Ellen has built one of the most successful and enduring morning shows in the country,” said Paul Corvino, Regional President for iHeartMedia. “Her remarkable ability to connect with listeners, combined with her infectious energy and unmistakable voice, has made her one of LA’s most beloved personalities.”

Ellen K said she remains passionate about morning radio and the relationships she has built with listeners, co-workers and advertisers. She also noted the continued growth of her national weekend show and the recently launched “Therapy Thursday” podcast, which she co-hosts with licensed therapist Sara Dash and morning show co-host Ryan Manno.

A Radio Hall of Fame inductee with a star on the Hollywood Walk of Fame, Ellen K recently earned a nomination for the 2026 Marconi Award for Best Major Market Personality. Her more than two decades of Los Angeles morning radio success began as Rick Dees’ sidekick and later included co-hosting with Ryan Seacrest on KIIS-FM. 

She has voiced major television events including the Grammy Awards, Academy Awards, Emmy Awards and iHeartRadio Music Awards, and will serve as the voice of the upcoming iHeartRadio Music Festival on Disney and Hulu.

Revamped Program Schedule Completed At MS NOW


MS NOW premiered “State of Play with Peter Alexander” on Monday 11 a.m. ET, completing the network’s schedule overhaul.

The new weekday program, hosted by the network’s chief national reporter and breaking news anchor from Washington, D.C., will feature authoritative reporting, thoughtful conversations, and in-depth analysis of the day’s major political and national stories. It is executive produced by Sandi Cohen.In a staff memo, SVP of programming Greg Kordick described the show as built around Alexander’s “trusted reporting, deep experience covering Washington, and unmatched relationships across government and beyond.”

Alexander joined MS NOW from NBC News in March after nearly two decades there, most recently serving as chief White House correspondent and co-anchor of Saturday Today.The program is the final piece of a June scheduling revamp that touched all dayparts. MS NOW has already launched Money, Power, Politics with Stephanie Ruhle (two hours starting at 9 a.m.), On the Line with Alicia Menendez (12–2 p.m.), and renamed Katy Tur’s midafternoon show The Moment with Katy Tur. Ruhle’s former 11 p.m. slot is now The 11th Hour with Ali Velshi, while weekend mornings (Saturdays and Sundays, 10 a.m.–1 p.m.) air as Connect with Jacob Soboroff.

Weekend primetime changes included the June cancellation of The Weekend: Primetime, with the network shifting focus to re-airs of its video podcasts and Crooked on MS NOW programming.

In Europe, Radio TSL Continues to Decline


Europeans’ daily radio listening time has resumed its long-term decline, falling to an average of 2 hours and 10 minutes in 2025.

That figure is down 15 minutes from five years earlier and four minutes from 2024, according to the European Broadcasting Union’s latest annual Radio Trends Report, which draws on national audience measurement data. The year-on-year drop was sharper than in recent years, ending a period of relative stability that had interrupted an 18-year downward trend.

Among young people, average daily listening stood at 1 hour and 10 minutes in 2025—13 minutes less than five years ago and three minutes less than in 2024. The steeper recent decline also marked the end of a plateau for this group.

Weekly reach remains high overall at 81.3 percent in 2025, though that is 2.7 percentage points lower than five years earlier and 1.2 points below the 2024 level. For youth, weekly reach was 70.9 percent, a 5.9-point drop over five years; the year-on-year decline of 2.1 points was larger than for the population as a whole, widening the gap.

Over the longer term, Europeans have lost a full hour of daily radio listening since 2003, according to a report by RadioWorld.

Radio History: Aug 5


➦In 1914...Parley Edward Baer born (Died from a stroke at age 88 – November 22, 2002). He was an actor in radio and later in television and film.

Parley Baer
Born in Salt Lake City, Utah, Baer in the 1930s served on radio as director of special events for KSL. His first network show was The Whistler, which was soon followed by appearances on Escape (notably narrating "Wild Jack Rhett" and as the title patriot in an adaptation of Stephen Vincent Benet's "A Tooth for Paul Revere"), Suspense, Tales of the Texas Rangers (as various local sheriffs), Dragnet, The CBS Radio Workshop, Lux Radio Theater, The Six Shooter, and Yours Truly, Johnny Dollar, to name a few.

In 1952, he began playing Chester, the trusty jailhouse assistant to Marshal Matt Dillon on Gunsmoke, eventually ad-libbing the character's full name, "Chester Wesley Proudfoot" (later changed to "Chester Goode" in the televised version of the series, which featured Dennis Weaver in the role of Chester). Baer's portrayal of Chester was generally considered his finest and most memorable role, and as he often said, the one he found most fulfilling.  Baer also worked as a voice actor on several other radio shows produced by Norman MacDonnell, performing as Pete the Marshal on the situation comedy The Harold Peary Show, as Doc Clemens on Rogers of the Gazette, and as additional characters on Fort Laramie and The Adventures of Philip Marlowe.

Other recurring roles included Eb the farm hand on Granby's Green Acres (the radio predecessor to television's Green Acres), Gramps on The Truitts, and Rene the manservant on the radio version of The Count of Monte Cristo. His later radio work included playing Reginald Duffield and Uncle Joe Finneman on the Focus on the Family series Adventures in Odyssey in the 1980s and 1990s

Harold Arlin

➦In 1921...The first baseball game ever broadcast on radio aired on KDKA Pittsburgh, between Pittsburgh Pirates versus Philadelphia Phillies game and took place at Forbes Field. 


The Pirates defeated the Phillies 8-5. It was broadcast by KDKA staff announcer Harold Arlin. That year, KDKA and WJZ of Newark broadcast the first World Series on the radio, between the New York Giants and the New York Yankees, with Grantland Rice and Tommy Cowan calling the games for KDKA and WJZ, respectively.

➦In 1935...The radio soap opera 'Backstage Wife' first aired. The show highlighted travails of Mary Noble, a girl from a small town in Iowa who came to New York seeking her future. Vivian Fridell had the title role from 1935 until the early 1940s. It was then taken over by Claire Niesen, who played Mary Noble for 14 years, until the end of the series. Mary's husband, Larry Noble, was portrayed by Ken Griffin, then James Meighan and finally, Guy Sorel. The daily radio drama first aired — on the Mutual Broadcasting System. The show, produced by prolific soap opera creators Frank & Anne Hummert, continued in the usual quarter-hour format on NBC and finally CBS Radio, until January 2, 1959.

➦In 1957..."American Bandstand" debuted nationally on ABC-TV, hosted by Dick Clark.

AB premiered locally in late March 1950 as Bandstand on Philadelphia television station WFIL-TV Channel 6 (now WPVI-TV), as a replacement for a weekday movie that had shown predominantly British films. Hosted by Bob Horn as a television adjunct to his radio show of the same name on WFIL radio, Bandstand mainly featured short musical films produced by Snader Telescriptions and Official Films, with occasional studio guests. This incarnation was an early predecessor of sorts of the music video shows that became popular in the 1980s, featuring films that are themselves the ancestors of music videos.

Horn, however, was disenchanted with the program, so he wanted to have the show changed to a dance program, with teenagers dancing along on camera as the records played, based on an idea that came from a radio show on WPEN, The 950 Club, hosted by Joe Grady and Ed Hurst. This more-familiar version of Bandstand debuted on October 7, 1952 in "Studio 'B'," which was located in their just-completed addition to the original 1947 building in West Philadelphia, and was hosted by Horn, with Lee Stewart as co-host until 1955. Stewart was the owner of a TV/Radio business in Philadelphia and even though he was an older gentleman, his advertising account was a large one for WFIL-TV at the time and was put on the program to appease the account.

Dick Clark

On July 9, 1956, Horn was fired after a drunk-driving arrest, as WFIL and dual owner Walter Annenberg's The Philadelphia Inquirer at the time were doing a series on drunken driving. He was also reportedly involved in a prostitution ring and brought up on morals charges. Horn was temporarily replaced by producer Tony Mammarella before the job went to Dick Clark permanently.

Tuesday, August 4, 2026

PSKY CEO Claims Deal Really Comes Down To CNN


Paramount Skydance CEO David Ellison says antitrust lawsuits challenging his company’s planned acquisition of Warner Bros. Discovery reflect an outdated vision of Hollywood and center on skepticism about his stewardship of CNN rather than genuine concerns over market share. 

In a New York Times op-ed published Tuesday, Ellison broke his previous silence on the legal challenges. He wrote that the suits filed by California’s attorney general, 11 other state attorneys general, and the Writers Guild of America are driven by a deeper worry: “whether I can be trusted as a steward of Warner’s CNN.” 

Speculation about his politics, loyalties, and intentions, he argued, underlies the opposition more than competitive effects. “I believe this fight is not really about market share,” Ellison stated. He emphasized that he has voted for candidates of both parties, holds a mix of conservative and liberal views, and does not intend to bend newsrooms to his personal positions. 

David Ellison
“I believe that news should be based on facts and truth,” he wrote, adding that CNN and CBS News should “tell it straight down the middle” with independence from any party or cause. Ellison said he initially stayed quiet because executives overseeing news organizations should avoid influencing coverage of their own companies. 

“While I was silent, others were happy to write my story for me. No more,” he declared. He reiterated commitments to sustain film and television production and highlighted intense competition from tech platforms that has pressured traditional studios. The $111 billion Paramount-WBD deal, which would combine major film studios, streaming services, and news outlets including CBS and CNN, has already cleared the U.S. Justice Department and numerous international regulators. 

It remains delayed by the state attorneys general’s antitrust case, which alleges harms in theatrical and cable markets, along with a related Writers Guild action. A shareholder lawsuit has separately accused the Ellisons of improper political arrangements involving CNN, claims Paramount has denied. Many media analysts, industry power brokers, and Hollywood figures have weighed in on the agreement since it was reached, with opinions ranging from support for greater scale against tech giants to warnings about reduced competition, potential job cuts, and concentrated control of news. 

The deal is currently paused pending trial resolution, potentially into 2027.

Beasley Media Spins Two FMs To EMF


Beasley Media Group is selling its longtime Top 40 station in Charlotte and Alternative FM in Las Vegas to the noncommercial Educational Media Foundation, operator of the K-LOVE and Air1 Christian Contemporary Music networks, as the company navigates ongoing financial pressures by monetizing select assets.

The deal, announced Monday, covers WNKS-FM 95.1 in the Charlotte DMA and KXTE-FM 107.5 in Las Vegas. Details of the purchase price remain undisclosed. Kalil & Co. served as exclusive broker representing Beasley, with an anticipated closing in October 2026.

Beasley said the sales allow it to raise cash while protecting popular local programming. 

In Charlotte, the WNKS morning show “Maney and LauRen” will move to co-owned Hot Adult Contemporary sister WKQC “K104.7.” 

In Las Vegas, KXTE’s Alternative music and brand will shift to KVGS, which recently returned to its 107.9 MHz frequency after a multi-year swap with KCYE-FM 102.7 and currently airs Hot Adult Contemporary programming. The transition ensures the format continues in Southern Nevada.

Caroline Beasley
“These transactions reflect our continued commitment to strategically managing our portfolio while preserving the outstanding local brands and personalities our audiences know and love,” said Caroline Beasley, chief executive officer of Beasley Media Group. 

“We appreciate K-LOVE’s partnership throughout this process and look forward to a smooth transition.”

K-LOVE Inc. CEO Thomas Stulz said the acquisition expands the ministry’s reach. “We are honored to acquire these stations and welcome them into the K-LOVE family. Both signals have long histories of serving their communities, and we look forward to building on that legacy as we expand our mission of delivering uplifting, positive programming to listeners in Charlotte, Las Vegas, and the surrounding areas.”

The moves come as Beasley continues to evaluate options for its fiscal future amid industry-wide revenue challenges facing traditional radio groups.

FCC Urged To Ask Congress To Change Ownership Caps


Former House Majority Leader Tom DeLay, who helped craft the 39% national TV station ownership cap in 2004, says FCC Chairman Brendan Carr should seek new legislation from Congress if he wants to change or eliminate the limit.

DeLay argued in a recent opinion piece that the cap is a statute enacted by Congress, not a mere FCC rule that regulators can modify on their own. “Regulatory agencies cannot defy or modify laws enacted by Congress,” he wrote. 

“If Chairman Carr wants to raise the statutory cap, he should ask Congress to pass a law giving him authority to do that.” He added that the 39% limit is “a statute, not a suggestion,” quoting former Republican FCC Chairman Mike O’Rielly.

Tom DeLay
The comments come as the FCC prepares to vote on August 6, 2026, on a proposal to eliminate the longstanding national audience reach cap and replace it with a case-by-case public-interest review. Carr has already granted a waiver allowing one major merger to exceed the limit and has pushed to abolish the restriction altogether, citing changes in the media marketplace driven by streaming and digital platforms.

DeLay, a Texas Republican who served as House Majority Leader from 2003 to 2005, described the bipartisan deal that produced the current rule. In the fall of 2003, Republicans controlled the House, Senate, and White House, yet Congress was deadlocked on an appropriations bill. The dispute centered on a Senate provision, advanced by the late Sen. Ted Stevens (R-Alaska), that would have locked the national ownership limit at 35% of U.S. households.

Earlier that summer, the FCC under Chairman Michael Powell had voted to raise the cap from 35% to 45%.