FCC Chairman Moves to Repeal Broadcast Ownership Cap Set by Law

FCC Chairman Brendan Carr has unveiled plans to repeal a congressionally mandated limit that restricts the national reach of broadcast-television conglomerates. The proposed move aims to lift the 39 percent cap on audience share, which is currently set by law and designed to prevent any single entity from dominating the broadcasting landscape.

The push for this change comes amid discussions about a merger between Nexstar Media Group and Tegna Inc., two of the largest broadcast television companies in the United States. The proposed deal would give Nexstar control over nearly 80 percent of U.S. households, raising significant concerns among media watchdogs and legal experts.

Critics argue that Carr’s proposal is an illegal attempt to circumvent congressional authority by granting excessive power to broadcasters aligned with the Trump administration. Free Press, a leading media reform organization, has been vocal in its opposition, stating that the FCC lacks the legal mandate to alter limits established by federal statute.

In 2025, the FCC initiated a public comment period seeking input on potential changes or elimination of the national broadcast-ownership rule. At the time, Free Press emphasized the agency’s lack of authority to modify numerical limits set forth in legislation. The organization further noted that Carr's actions are driven by partisan motives and align with President Trump's desire for greater control over media content.

The FCC's previous attempt to waive this limit to facilitate Nexstar's acquisition of Tegna was met with legal challenges from both state attorneys general and private litigants, citing antitrust concerns. These lawsuits highlight the potential for significant market concentration if the ownership cap were lifted.

Matt Wood, vice president of policy and general counsel at Free Press, criticized Carr’s efforts as an abuse of power. "Brendan Carr’s actions mirror those of his boss, Donald Trump, in their attempts to bend or break rules to consolidate power," said Wood. He emphasized that the FCC's authority does not extend to overriding congressional statutes.

Republican Senator Ted Cruz, who chairs the Senate Commerce Committee overseeing the FCC, held a hearing earlier this year to examine the legality and implications of Carr’s proposed changes. During the hearing, broadcast lobbyists faced intense scrutiny over their interpretation of existing laws, with some testifying about the challenges smaller outlets face when competing against larger conglomerates.

Chris Ruddy, CEO of conservative cable news outlet Newsmax, testified that Congress explicitly established the national cap and removed the FCC's authority to alter it. This testimony underscores the legal framework within which broadcasters must operate and highlights the importance of maintaining a competitive broadcasting landscape.

Carr’s claims that previous FCC leaders have agreed on the agency's power to override congressional statutes are disputed by critics who argue these assertions lack evidentiary support. The national cap, they contend, is crucial for promoting competition, localism, and diversity in broadcasting.

Broadcasters have argued that they should be allowed similar reach as online platforms but fail to acknowledge existing avenues for nationwide expansion through digital media. Critics maintain that the exclusive use of airwaves by broadcasters provides a unique advantage that necessitates regulatory oversight to prevent monopolistic practices.

In conclusion, Carr’s proposal faces significant legal and ethical challenges, with many viewing it as an attempt to undermine democratic processes in favor of corporate interests aligned with former President Trump's agenda. The implications for media diversity and public interest regulation are profound, potentially reshaping the broadcasting landscape in ways that could stifle competition and local journalism.