A significant coalition of television broadcasters recently filed a joint request with the Federal Communications Commission (FCC), advocating for the elimination of the national television ownership cap. They contend this decades-old restriction undermines their ability to compete effectively against digital platforms and streaming services. The filing, submitted on August 22nd, includes major station groups such as Sinclair, Nexstar, and Fox Television Stations, alongside network affiliates associations.
“This filing reflects an extraordinary level of consensus across America’s broadcasters,” stated NAB President Curtis LeGeyt, although not directly quoted in the extensive document. “The message is clear: it is time to eliminate the outdated national TV ownership cap. Broadcasters are united in calling on the FCC to level the playing field and give local stations a fair shot to compete, invest in journalism and continue providing our communities with trusted news and public safety information. The record leaves no doubt that the public interest is best served by empowering broadcasters, not restraining them,” he added in a separate NAB statement.
The national television ownership cap, implemented in 2004, restricts individual broadcast companies from owning stations reaching more than 39 percent of U.S. TV households. The broadcasters argue this limitation is counterproductive in the current media environment, where digital platforms operate without similar constraints. Their filing points out that streaming services now command 47.3 percent of total television viewership, while broadcast TV's share has declined to 18.4 percent. “The national television ownership cap unfairly prevents broadcasters but none of our myriad competitors from reaching more than 39 percent of the total number of TV households in the country,” the filing asserts.
The broadcasters argue that increased scale would enable greater investment in local news programming and community-focused content. A key element of the filing addresses the FCC's legal authority to modify or eliminate the cap. The broadcasters contest claims that Congress removed this authority in 2004, arguing the language directs the FCC to modify its rules, not permanently fix the 39 percent limit. They cite Supreme Court precedent, emphasizing that the relevant statutory language lacks prohibitions on FCC review.
The filing also references the Supreme Court's decision in Loper Bright Enterprises v. Raimondo, which limits judicial deference to agency interpretations of ambiguous statutes. The broadcasters maintain this supports their position, highlighting the FCC's consistent assertion of authority to modify the cap since 2013. The filing directly addresses counterarguments from pay-TV industry groups and advocacy organizations, such as Free Press, who express concerns about reduced competition and harm to localism. The broadcasters counter that consolidation would actually improve local news coverage by providing stations with more resources, citing data showing a nearly 50 percent increase in local news programming from 2011 to 2023 despite a decrease in the number of TV station groups.
The FCC's response to this extensive filing remains to be seen. The agency faces pressure from both industry groups seeking deregulation and advocacy organizations advocating for stronger media ownership restrictions. This joint filing represents a significant step in the broadcasters' ongoing efforts to adapt ownership rules to the evolving media landscape. The elimination of the cap could lead to further consolidation, but the FCC would still review individual transactions.